2012 Regulatory Updates
2012
Update on Relevant Regulations:
FMCSA Moves Forward With New EOBR Rulemaking
Earlier this week, FMCSA announced, through a Federal Register notice, its intent to move forward with the Electronic On-Board Recorders and Hours of Services rulemaking. FMCSA intends to ‘hold listening sessions on the issue of driver harassment; task the MCSAC Committee to assist in developing material to support this rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers; and conduct research by surveying drivers, carriers, and vendors regarding harassment issues.’
FMCSA, ATA Headed Back to Court over HOS Rule
Earlier this week, ATA filed a petition with the U.S. Circuit Court of Appeals regarding FMCSA’s new HOS rule. In their suite, ATA claims that the costs outweigh whatever safety benefits stem from the rule. Meanwhile, safety advocacy groups and the Teamsters union have not yet indicated whether or not they will also renew their lawsuit on the matter.
DOT Proposes Voluntary Guidelines for Automakers
In February, DOT Secretary LaHood announced a set of federally proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices. The proposed voluntary guidelines, intended for light vehicles, would apply to communications, entertainment, information gathering and navigation devices or functions that are not required to safely operate the vehicle. The guidelines will appear in Monday’s Federal Register.
2012
Update on Relevant Regulations:
En Route Inspections
At the Alliance’s COHMED conference in southern California this week, FMCSA’s Bill Quade shared some updates on activities at FMCSA. The agency is focused on motorcoach and bus issues. One such initiative pertains to existing en route inspection language. As rouge carriers continue to find ways to get around the agency’s rules and regulations, FMCSA is working hard to close those loopholes. One growing problem is the prevalence of unmarked vehicles providing passenger carrier services. To combat this, FMCSA is currently looking at ways to amend its policy on en route bus inspections to indicate that providing passenger carrier services in a vehicle without markings is enough to constitute a hazard.
Ongoing EOBR Battle
In late January, OOIDA filed a motion with the US Court of Appeals seeking a cease-and-desist order on FMCSA’s current policies encouraging the use of electronic on-board recorders, arguing these activities run counter to the court’s 2011 decision vacating the original EOBR rule. The court has given FMCSA until February 21st to respond to OOIDA’s claims.
MCSAC Committee Meeting
The MCSAC Committee will meet Feb. 6 to 9 in Alexandria, VA. On the agenda: final recommendations for a rulemaking on obstructive sleep apnea and commercial vehicle operators; the recent court mandate that ensures electronic on-board recorders are not used to harass vehicle operators; and, finally, the committee will discuss HOS rules for drivers of passenger-carrying commercial vehicles. The meeting is open to the public.
Crash Accountability Standard
FMCSA continues to work on Crash Accountability Standards. They expect to issue a notice in the Federal Register in late February or early March which will lay out the process going forward. FMCSA expects to implement the rule in June or July of this year. They will also issue a manual for determining accountability. Currently, the agency expects to allow motor carriers to submit for review incidents that have occurred 3 months prior to the implementation date. This could be extended further back, depending on the workload.
2012
FMCSA Provides Additional Information on Medical Certificate Requirements Deadline
As covered in the last regulatory update, many states are not prepared to meet the January 30th deadline for compliance with new requirements for drivers licensing agencies to proof of medical certification of CMV drivers. There has been concern over the financial penalties states face if they miss the deadline. Last week, FMCSA provided the CVSA Executive Committee with an update on how the agency plans to handle states that miss the deadline. FMCSA does not want to invoke sanctions if they do not have to. Instead, they have asked states who are not ready to submit a plan for how they will become compliant. If FMCSA deems the plan acceptable, that states will be allowed to move forward with the plan without losing funds. However, if a state does not submit a plan, if their plan is not acceptable or if they miss milestones set forth in the plan, FMCSA could sanction them by withholding funds.
FMCSA Issues Notice on New Grant Procedures
Earlier this week, the agency issued a ‘Notice with request for comments’ setting forth requirements and procedures for grantees. The notice provides that:
- Grantees will now be required to have electronic Internet access to register in the Delphi eInvoicing system.
- Grantees will be required to submit payment requests electronically and DOT OAs must process payment requests electronically.
- The identities of system users must be verified prior to receiving access to the Delphi eInvoicing system. Users must complete a user request form and provide the following information: Full name, work address, work phone number, work email address, home address and home phone number. Once completed, this form must be presented to a Notary Public for verification. Once notarized, the prospective grantee user will return the form to receive their login credentials.
- DOT Office of Financial Management officials may allow exceptions to the requirement that grantees register and submit payment requests through the Delphi eInvoicing system under limited circumstances. Recipients may apply for an exemption by submitting an electronic waiver Request Form to the DOT Office of Financial Management. The exceptions will be considered on a case by case basis via Waiver Request Form.
Change impacts grantees that receive payments from:
- Office of the Secretary
- Federal Aviation Administration
- Federal Highway Administration
- Federal Motor Carrier Safety Administration
- Federal Railroad Administration
- Federal Transit Administration
- Maritime Administration
- National Highway Traffic Safety Administration
- Office of Inspector General (OIG)
- Pipeline and Hazardous Materials Safety Administration
- Research and Innovative Technology Administration
- Saint Lawrence Seaway Development Corporation
- Surface Transportation Board
With the exception of DOT grant recipients requesting payment electronically through:
- NHTSA’s Grant Tracking System (GTS);
- FHWA’s Rapid Approval State Payment System (RASPS); or
- FTA grant recipients requesting payment through the Electronic Clearing House Operation System (ECHO–Web).
2012
Update on Relevant Regulations:
Hours of Service
Following the December 27th release of the new hours of service rules, reaction from industry and safety groups alike has been largely negative, if a bit muted. Final changes include a new requirement that drivers take a half hour break: Part 395.1(g)(B) “After June 30, 2013, however, driving is permitted only if 8 hours or fewer have passed since the end of the driver’s last off-duty break or sleeper-berth period of at least 30 minutes.” The rules also make changes to the definition of ‘on duty time’, as well as some clarifications regarding how oilfield operators record waiting time and further defines ‘egregious violation’ as driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit, installing civil penalties for violators. Finally, the rule limits drivers to one reset within a seven-day period, which, in effect, limits a driver's workweek to 70 hours, down from 82 under the previous rule.
The controversial drive time issue was left unaltered in the rulemaking, as FMCSA indicated there was not enough scientific data, at this point, to reduce drive time limits to 10 hours. However, the agency leaves the door open to return to the issue in the future, should research justify a change.
It’s possible that this rulemaking is heading back to court, as safety advocates and industry weigh the value of a legal challenge. ATA has indicated they are considering that route, but have not announced a decision.
Currently, CVSA staff is working with its Driver-Traffic Enforcement and Training Committees to develop a set of comments and questions for FMCSA regarding the final rule, as well as assess implementation issues.
A list of the major changes can be found here.
Motorcoach HOS
Following the December release of the HOS rulemaking, FMCSA announced that it will hold a public listening session on Monday, January 9th, to gather ideas and information on HOS requirements for motorcoach drivers. The agency is considering initiating a rulemaking on the matter. The listening session is being held in conjunction with the American Bus Association Marketplace 2012, in Grapevine, TX. The listening session will also be webcast for those unable to attend in person.
States Given Reprieve on Medical Certificate Requirements
As the January 30th deadline approaches for states to comply with new requirements for drivers licensing agencies to proof of medical certification of CMV drivers, many states have indicated they will not be able to meet the deadline. States who cannot meet the deadline, for a variety of technological, financial, or legislative reasons, are subject to a financial penalty. However, as reports grew of states unable to meet the deadline, news reports indicate that FMCSA has given states until September 2013 to comply before financial penalties are assessed.
Deadline for Comments on Rule Targeting Chameleon Carriers
Comments on FMCSA’s NPRM regarding changes to its “Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings” are due January 12th.
