2011 Regulatory Updates
2011
Update on Relevant Regulations:
Hours of Service
DOT has released the new hours of service rule. CVSA staff will review the rule and provide an overview as quickly as possible. The rule will be officially published in the Federal Register on December 27, 2011. The effective date will be February 27, 2012, and the compliance date of selected provisions is July 1, 2013. DOT has provided a chart, attached, that compares the new Final Rule to the existing rule. In addition, they’ve provided a Frequently Asked Questions document, attached as well. You can view the rule here. Additional information is available here.
NHTSA Stability Control Requirement for CMVs
On December 13th, NHTSA sent its proposal mandating stability control systems on new heavy trucks to OMB for review. The rule is expected to be published in early 2012.
FMCSA Issues Clarifying Rule, Targeting Chameleon Carriers
FMCSA issued a NPRM regarding changes to its “Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.” The agency proposes to establish procedures for issuing out of service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements, as well as procedures for consolidating Agency records of reincarnated companies with their predecessor entities. Comments are due January 12, 2012.
Other Items of Interest:
GAO Report on FMCSA Grant Management
GAO has issued a report on FMCSA’s administration of grant funds. FMCSA will issue a response to the report. The report and other materials can be found here.
2011
Update on Relevant Regulations:
FMCSA Accepts Hazmat Carriers’ Petition
FMCSA has accepted a petition from the National Tank Truck Carriers, the Agricultural Retailers Association, the American Pyrotechnics Association, the Institute of Makers of Explosives and the National Association of Chemical Distributors that argues the shifting federal hazardous materials safety permit requirements are resulting in some safe motor carriers losing their eligibility. FMCSA Administration Ferro confirmed that the agency needs to revise the 2005 regulation.
Upcoming Deadline
URS Rulemaking – 12/27/11
Other Items of Interest:
NHTSA Releases 2010 Highway Safety Statistics; Increase in Large Truck Fatalities
According to the report, 2010 saw the fewest motor vehicle fatalities, 32,885, since 1949. While the overall trend in the report is positive, statistics on the large truck industry were less encouraging. The large sector saw increases in all categories: large-truck occupants, occupants of other vehicles and nonoccupants. NHTSA reports an 8.7% increase in the number of people killed in crashes involving large trucks and a 16% increase in the number of large-truck occupants killed in multivehicle crashes.
2011
Update on Relevant Regulations:
DOT Publishes Final Rule on Cell Phone Restrictions
Today, FMCSA & PHMSA published a joint Final Rule restricting the use of cellular phones by CMV drivers. The rule restricts the use of handheld mobile telephones and sets penalties for violators. The rule is effective January 3rd, 2012, though compliance dates will vary by states as each state conducts their own adoption process.
MCSAC Meeting Information:
The MCSAC will hold a meeting on Monday–Thursday, December 5–8, 2011, which will include a joint meeting on Wednesday, December 7, 2011, with the MRB. All four days of the meeting will be open to the public for their duration. On the agenda:
- Report from the EOBR Implementation Subcommittee
- Task 11–02: roadside violation severity weightings in the Carrier Safety Measurement System in FMCSA’s CSA program
- Update on US/Mexico cross border trucking pilot program data
- Expert presentations on obstructive sleep apnea and its relationship to the population of CMV drivers
- Update on recently completed, FMCSA-sponsored research on motorcoach HOS
HOS Update
After missing the court-imposed October deadline for issuing the revised HOS rule, FMCSA was required to submit an update by November 28th on the rulemaking. In the update, FMCSA said it expects to publish the rule by the end of December. All parties in the suit requested another extension and agreed to file their next status in mid-January, pending publication of the rule.
Meanwhile, on Capitol Hill this week, the House Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending held a hearing on the HOS issue entitled “The Price of Uncertainty: How Much Could DOT’s Proposed Billion Dollar Service Rule Cost Consumers This Holiday Season?” Witnesses included industry, FMCSA Administrator Ferro and the Advocates for Highway and Auto Safety. Overall, the thrust of the most of the testimony was that the expected proposed changes would likely bring about some improvements to safety, but those benefits do not outweigh the cost of the changes.
FMCSA Seeks Comment on Alabama’s Metal Coil Securement Act
Last week, FMCSA requested comments on a petition submitted by ATA requesting a determination that the State of Alabama’s Metal Coil Securement Act is preempted by Federal law. FMCSA requests comments on what effect, if any, Alabama’s metal coil load securement certification requirements may have on interstate commerce. Comments are due on or before January 23, 2012.
FMCSA Grants Innovative Electronics Exemption Request
Earlier this week, FMCSA announced its decision to grant Innovative Electronics, Inc., request for an exemption from 49 CFR 393.48(d) and 49 CFR 393.49(c) to allow commercial motor vehicle operators to tow trailers equipped with trailermounted electric brake controllers. FMCSA believes that the use of trailer-mounted electric brake controllers will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. The exemption is effective November 29, 2011 through November 29, 2013.
FMCSA Seeks to Revise ‘Designation of Agents, Motor Carriers, Brokers and Freight Forwarders’ ICR
FMCSA issued a request for approval to revise an ICR entitled, ‘‘Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,’’ which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements. Specifically, the agency is looking for comment on aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information.
Other Items of Interest:
Teamsters, Public Citizen and Sierra Club File Suit to Stop Cross-Border Program
In late November, the Teamsters, Public Citizen and the Sierra club filed a suit with the U.S. Court of Appeals for the D.C. Circuit to stop the US/Mexico Cross-Border Pilot Program. The suit claims that the program:
- Waives a law that trucks must display certain proof that they meet federal safety standards;
- Breaks the law requiring the pilot program to achieve an equivalent level of safety because Mexican drivers don’t have to meet the same physical requirements as U.S. drivers;
- Breaks the law that Mexico must provide simultaneous and comparable access to U.S. trucks. Mexico cannot do so because of the limited availability of ultra-low-sulfur diesel fuel in Mexico, the suit alleges;
- Breaks the law that the pilot program must include enough participants to be statistically valid. The suit argues that FMCSA’s proposal ensures that only the best Mexican trucks participate, which would allow it to justify letting any Mexican truck over the border in the future; and;
- Doesn’t comply with the environment requirement of the National Environmental Policy Act.
Meanwhile, FMCSA announced that a third Mexico-domiciled motor carrier has successfully completed the Pre-Authorization Safety Audit (PASA) to participate in the cross-border pilot program. The carrier, Moises Alvarez Perez of Tijuana, Baja California, Mexico, does business under the name of Distribuidora Marina El Pescador. The other carriers to pass PASA include Transportes Olympic, which has been granted operating authority, and Grupo Behr.
2011
CVSA Regulatory Update
CDL Medical Certificate Extension:
On November 15th, FMCSA announced that it is extending the requirement that CDL drivers must keep physical copies of their medical records to January 2014. However, this rule, which is effective December 15th of 2011, does NOT delay the coming deadlines for digital compliance. The extension is being put into place to ensure the medical qualification of CDL holders while states transfer to the digital verification system.
DOT Requests Comment on Grant Process
DOT is updating its systems that support grant payments and there will be changes to the way grantees complete and submit payment requests. The Department has requested comment.
HOS Update
FMCSA is expected to issue an update on the HOS rule by the end of November, as directed by the US District Court. However, as the rule moves through OMB, ATA is continuing its effort to stop the rulemaking, asking OMB to consider whether or not there are legitimate reasons to change the existing HOS rules.
ARTI Report on CSA
In other news, ATRI has released a report analyzing the impact CSA has had on the motor carrier operations.
2011
CVSA Regulatory Update
HOS
As you all know, FMCSA missed the October 28th deadline for publication of its revised Hours-of-Service rulemaking. On November 2nd, news came from FMCSA that the rule had been transmitted to OMB for review, moving the rule one step closer to completion. FMCSA is required to submit to the Court an update on the rule’s status by the end of November.
EOBR
FMCSA has announced that it will issue a notice in the Federal Register rescinding the EOBR rule that was vacated by the courts earlier this year. The agency will continue moving forward, however, with the second EOBR rule.
Electronic Stability Control Systems for Heavy Vehicles
On September 28th, NHTSA submitted to OST for approval its proposed rulemaking that would require stability control systems on truck tractors and motorcoaches that address both rollover and loss of control crashes. Publication for comment is scheduled for 2/29/12.
CDLIS State Procedures Manual
FMCSA published a final rule amending the FMCSRs to incorporate the most recent edition of the AAMVA CDLIS State Procedures Manual - Release 5.2.0. This final rule requires all State driver licensing agencies (SDLAs) to use this recent edition of the Manual to develop the process required to transmit, receive, record, and update information on a CDLIS driver record. The rule is effective 12/5/11 and compliance is required by 1/30/12.
CDL Medical Certification Guidelines
FMCSA’s 2008 final rule regarding medical certification for truckers begins to phase-in on 1/30/12. The rule changes the way states must verify the medical certification for truckers either renewing or applying for a CDL. Starting 1/30/12, motor carriers must keep a copy of the current CDLIS motor vehicle record documenting medical certification status in the driver’s qualification file before allowing the driver behind the wheel.
OTHER NEWS
TRB has issued a new compendium of Truck Size & Weight research. You can view the report here.
2011
CVSA Regulatory Update
Update on Relevant Regulations:
HOS – As of earlier this week, the rule had still not been transmitted to OMB for review and approval and DOT officials admitted that completing the rule in the little time that remains would be a challenge. Republican leadership continues to oppose the measure.
EOBR - The Administration has announced that it will file a Final Rule notice removing the existing EOBR language, which was struck down by the courts, from regulatory text. The Administration continues to move forward with the next EOBR rulemaking, which will apply industry-wide. The MCSAC EOBR subcommittee will meet Oct. 24-25 to discuss specifications for wireless communications protocols that may be necessary for successful and secure transmission. The subcommittee will then report for the full committee on the 26th & 27th. Final recommendations for DOT are expected in December.
Cross Border Trucking Program – On October 14th, DOT approved the first Mexican-domiciled carrier, Transportes Olympic, for US operations and on October 21st a vehicle from that fleet crossed into Laredo, TX. Despite these developments, opponents of the program, including the Teamsters union and several Members of Congress, continue to work to shut down or stall the program down.
Other Administration Developments:
DOT Secretary LaHood has announced that he will not return for a second term as head of the department.
2011
CVSA Regulatory Update
Update on Relevant Regulations:
HOS – There has been no official change in the status of the rulemaking, however Administration officials remain committed to releasing the Final Rule on October 28th. Meanwhile, House T&I Chairman Mica has made several statements opposing any changes to the existing rules and House Speaker John Boehner (R-Ohio) and Majority Leader Eric Cantor (R-Va.) have added their voices to the mix, calling on the President to withdraw the proposed rule changes. All three Republican Congressman cite the cost of implementing the expected changes and its impact on the economy as justification for backing off.
Cross Border Trucking Program – On October 3rd, DOT Secretary LaHood sent report to Congress outlining the actions that FMCSA has taken to address the issues raised in the August OIG report on the program. The letters to Congress and the report are attached.
New FMCSA Driver Study – FMCSA is seeking approval to investigate the ‘differences among the characteristics of individual commercial drivers’. The study would examine a wide array of driver and situational factors to determine if they are associated with increased or decreased crash and incident involvement. FMCSA will use this information when developing future safety initiatives. Comments are due 12/2/11.
Other Administration Developments:
CSA – In September, GAO released an evaluation of the CSA program. In the report, GAO assessed: (1) the status of the CSA rollout and issues that could affect it and (2) CSA’s potential to improve safety. You can find a summary of the report, as well as the full document, here.
2011
CVSA Regulatory Update
Update on Relevant Regulations:
HOS – Final rule sent to the Office of the Secretary (OST) for review on August 11th, scheduled for publication October 28th. ATA and other organizations have recently stepped up their opposition to the changes proposed by US DOT, especially now that HOS has been deemed one of the rules that will cost over $1 billion to implement.
EOBR – Another $1 billion+ rulemaking. Courts overturned EOBR 1 in late August because the rule fails to protect drivers from harassment from companies. This puts EOBR 2 in jeopardy, as it is built largely on EOBR 1. Currently the Administration is considering its options on how to move forward with the EOBR issue, but it seems likely there will have to be some delay in implementation.
National Registry of Certified Medical Examiners – This rule, stemming from SAFETEA-LU, has been long delayed. However, the rule was transmitted to OST on August 1st and the final rule is scheduled to be published by December 14th.
CDL Testing and CLP Standards – On May 9th, the final rule making changes to CDL and CLP requirements was published and became effective on July 8th. The rule included some changes to the definition of a CMV, as requested by CVSA. However, the agency did not accept the Alliance’s recommended changes to the definitions of GVWR and GCWR, which has led to complications on when a vehicle qualifies as a CMV. FMCSA has been made aware of the issue and is considering how best to remedy.
Unified Registration System – URS is another rule long in the making. A subsequent Notice of Proposed Rulemaking has been transmitted to OMB for approval and publication is scheduled for October 20th.
Update of Pending CVSA Petitions
Brake Adjustment & Self Adjusting Brakes (49CFR 393.47 & 383.53) – Two petitions submitted by CVSA regarding brake adjustment limits were granted and addressed in a NPRM that was published on September 2nd. CVSA will be submitting additional comment on the rulemaking.
Definition of CMV (49CFR 383.5 & 390.5) – As mentioned above, portions of CVSA’s petition regarding the definition of a CMV was addressed in the May 9th final rule on CDLs.
Tank Endorsements (49CFR 383.5) – FMCSA made adjustments to the definition of a tank vehicle in the May 9th final rule on CDLs and asked that CVSA withdraw its petition. The issue will be discussed at next week’s conference in Austin.
All other CVSA petitions remain under consideration at FMCSA at this time and no additional information is available.
