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DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383, 384, 390, 391, and 392 Docket No. FMCSA-2010-0096 IN 2126-AB29 Drivers of CMOS: Restricting the Use of Cellular
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For purposes of this rule making, a “hand-held CMOS” is an electronic handheld mobile telecommunications' device (e.g., a mobile telephone) capable of receiving and transmitting text, picture, audio data, and video. As used in this rule (4910-EX-1), a “hand-held mobile telecommunications' device” (MDS) is an electronic handset (such as a mobile telephone, portable cellular telephone, or pager) that is used primarily for receiving or transmitting text, picture, audio data, and video. COMMISSIONER ACTION: FMCSA requested public comment on (i) whether the use of an MDS or an electronic handset in the motorist's primary duty assignment is inherently dangerous and can result in the death of or serious bodily injury to a motorist or other third person, and/or (ii) whether there is a “safety-based policy of operation” (SVP) that limits use of an MDS or an electronic handset in the motorist's primary duty assignment. FMCSA then requested public comment on four key factors: 1) the types of vehicles transporting passengers under the authority of 49 C.F.R. § 214.7 in the first 100,000 pounds; 2) the kinds of vehicles transporting hazardous materials in the first 100,000 pounds; 3) the types of vehicles transporting non-hazardous commodities in the first 100,000 pounds; and 4) the types of vehicles transporting personnel under the authority of 49 C.F.R. § 214.7 in the first 100,000 pounds. FMCSA held two public hearings on the proposed rule before issuing the final rule. The agency invited individuals to testify regarding their own experience driving under these rules, and also held a workshop with the public to discuss the proposed regulations. There are four primary safety-based policy areas the proposed new rules address; these are: 1) the types of vehicles transporting passengers; 2) the kinds of vehicles transporting hazardous materials in the first 100,000 pounds; 3) the types of vehicles transporting non-hazardous commodities in the first 100,000 pounds; and 4) the types of vehicles transporting personnel under the authority of 49 C.F.R. § 214.7 in the first 100,000 pounds. Each safety-based policy area is discussed with additional safety-based policies related to these areas in this preamble. 2.

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