2012 Regulatory Updates
Update on Relevant Regulations:
FMCSA to Host Listening Session on Entry Level Training for CMV Drivers
FMCSA to Host Listening Session on Entry Level Training for CMV Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has announced a listening session on the issue of entry-level training for drivers of commercial motor vehicles (CMVs), a requirement from MAP-21. The session will be held in conjunction with ABA’s Marketplace meeting in Charlotte, NC, Monday, January 7th. The session will also be webcast on the agency’s website.
Other Items of Interest
Steve Owings, of Road Safe America, to Chair MCSAC
FMCSA has announced that Steve Owings, president of Road Safe America, has been named chairman of the Motor Carrier Safety Advisory Committee. He will serve as chairman through the end of 2014.
Update on Relevant Regulations:
FMCSA to Survey Drivers and Carriers on EOBR Harassment
On December 13th, FMCSA issued a Notice and Request for Information announcing the agency’s intention to survey drivers and carriers to gather information on how to prevent driver harassment, as part of the ongoing EOBR rulemaking. Comments are due by February 13th, 2013.
December Rulemaking Schedule Updates Deadlines
In its December Report on Significant Rulemakings, FMCSA updates a number of rulemaking schedules of interest to CVSA. According to the report, the Safety Fitness Determination rule is now slated for publication in November of 2013. The EOBR rule has been moved to June of 2013. Publication of the rule addressing the agricultural exemptions included in MAP-21 is scheduled for September of next year.
Other Items of Interest
NHTSA Analysis Shows Mixed Results for 2011 Traffic Fatalities
On December 10th, NHTSA released an analysis that shows that overall highway deaths in 2011 fell nearly 2 percent from 2010 numbers, and 26 percent since 2005. The analysis also indicates that Americans drove fewer miles (1.2 percent) in 2011 than in 2010. However, there was a 1.9 percent increase in the number of people killed in crashes involving large trucks and a 20 percent increase in the number of large truck occupant fatalities. The 2011 FARS data can be viewed here.
ATRI Studies Impact of CSA on Driver Availability
According to a recent study by the American Transportation Research Institute (ATRI), implementation of FMCSA’s CSA program has not impacted the availability of professional truck drivers as expected. The report, “Compliance, Safety, Accountability: Evaluating a New Safety Measurement System and Its Implications,” was published December 4, examines two years’ worth of data collection from motor carriers, commercial drivers, freight shippers and motor carrier safety enforcement personnel.
GAO Report on Driver Medical Information
In November, the Government Accountability Office released its report on the mechanisms FMCSA has in place to prevent medically unfit drivers from operating commercial motor vehicles. A previous review conducted by GAO found that these measures were vulnerable to abuse and manipulation. In this report, GAO finds that poor communication between federal and state information databases results in medically unfit drivers operating CMVs. However, GAO also indicated in the study that the new requirement for states to keep driver medical information electronically should help prevent abuse.
U.S.–Canada Regulatory Cooperation Council Meeting in January
On December 5th, NHTSA announced that the U.S.–Canada Regulatory Cooperation Council’s Motor Vehicles Working Group will be meeting January 15, 2013 in Detroit, MI.
Update on Relevant Regulations:
Reminder: Changes to CSA Coming in December
Earlier this year, FMCSA announced a series of changes to the CSA program aimed at improving the accuracy of carriers’ scores. The changes will go into effect in December of 2012. Changes include:
- Strengthening the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from today’s Cargo-Related BASIC;
- Changing the Cargo-Related BASIC to the Hazardous Materials (HM) BASIC to better identify HM-related safety and compliance problems;
- Better aligning the SMS with Intermodal Equipment Provider (IEP) regulations;
- Aligning violations that are included in the SMS with CVSA inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections;
- More accurately identifying carriers that transport significant quantities of HM; and
- More accurately identifying carriers involved in transporting passengers.
FMCSA Extends Transecurity Windshield Exemption as Part of Research/Evaluation
On November 28th, the Federal Motor Carrier Safety Administration (FMCSA) issued an exemption for Transecurity, LLC, allowing the company to place an onboard safety monitoring system at the bottom of windshields on their CMVs, instead of the FMCSR required “not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver’s sight lines to the road and highway signs and signals.” This is being done as part of research being conducted on behalf of FMCSA. The exemption would enable motor carriers to participate in a field operation test to evaluate the system and allow for on-road data collection. This exemption is effective from November 28, 2012 until November 28, 2014.
FMCSA Request for Comment on Training Certification for Entry-Level Commercial Motor Vehicle Operators
On November 21st, FMCSA reiterated a previous Request for Comment on Training Certification for Entry-Level Commercial Motor Vehicle Operators. The original request was published in the Federal Register May 17, 2012, but the agency did not receive any comments. Comments are now due December 21, 2012.
FMCSA Announces MCSAC Meeting – December 3-5, 2012
Also on the 21st of November, FMCSA announced that the Motor Carrier Safety Advisory will meet December 3–5, 2012, in Alexandria, VA. At the meeting, FMCSA will assign the MCSAC a new task concerning entry level driver training (ELDT). The Committee will also receive updates from the DOT Office of the Inspector General and General Accountability Office. In addition, the CSA Subcommittee will meet and receive presentations and a panel discussion from researchers and data analyst concerning FMCSA’s SMS.
NHTSA Publishes Report on Tire Pressure Monitoring Systems
On November 19th, the National Highway Traffic Safety Administration (NHTSA) published a technical report on Tire Pressure Monitoring Systems, “Evaluation of the Effectiveness of TPMS in Proper Tire Pressure Maintenance” in the Federal Register. The report is available here. Comments on the report are due by March 19th, 2013.
PHMSA Request Comment on HazMat Data
On November 21st, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Request for Comments in order to “conduct an assessment to improve the collection, analysis, reporting, and use of data related to accidents and incidents involving the transportation of hazardous materials” in order to meet certain requirements included in Section 33006(a) of MAP-21. The request comes with a very short timeline - comments are due by December 28th.
NHTSA’s Deputy Administrator Leaving the Agency
Ron Medford, NHTSA’s Deputy Administrator has taken a position at Google as the company’s Director of Safety for Self-Driving Cars.
Update on Relevant Regulations:
FMCSA Targets Chameleon Carriers with Proposed Rule
On November 13, the Federal Motor Carrier Safety Administration (FMCSA) published a Notice of Proposed Rulemaking intended to allow the agency to shut down chameleon carriers more quickly. In the NPRM, FMCSA states that the agency is targeting carriers which have “egregious” disregard for safety compliance, which permit persons who have shown egregious disregard for safety compliance to exercise controlling influence over their operations, or which operate multiple entities under common control to conceal noncompliance with safety regulations. Currently, when FMCSA believes a new company is really a reincarnated carrier that has been shut down, the agency has to establish a new pattern of safety violations for the company in order to shut it down. The proposed change would permit FMCSA to link the new company to an existing company’s pattern of serious safety violations, enabling the agency to shut it down immediately. Comments are due January 14, 2013.
Other Items of Interest
NTSB Releases 2013 “Most Wanted” List
On November 14th, the National Transportation Safety Board (NTSB) unveiled its 2013 Most Wanted List. Distracted driving figured prominently in the list, which addresses safety across all modes, not just highways. According to NTSB’s statement, the list includes six new issue areas — distraction, fire safety, infrastructure integrity, pipeline safety, positive train control and motor vehicle collision avoidance technologies. The “Most Wanted” for 2013 are:
- Improve Safety of Airport Surface Operations
- Preserve the Integrity of Transportation Infrastructure
- Enhance Pipeline Safety
- Implement Positive Train Control Systems
- Eliminate Substance-Impaired Driving
- Improve the Safety of Bus Operations
- Eliminate Distraction in Transportation
- Improve Fire Safety in Transportation
- Improve General Aviation Safety
- Mandate Motor Vehicle Collision Avoidance Technologies
Update on Relevant Regulations:
FMCSA Amends FMCSRs Regarding OOS Orders for Unsatisfactory Safety Rating
FMCSA amends the FMCSRs to remove the 10-day extension of the 45-day period after which passenger and hazardous materials carriers must cease operations after receiving a proposed unsatisfactory safety rating. FMCSA previously discontinued this practice as a matter of policy and this Final Rule simply makes the regulation consistent with the policy and statutory language. FMCSA will continue to review requests for upgrades of proposed unsatisfactory safety ratings for such carriers, but will no longer grant extensions to the 45-day period. This rule, issued on October 23, is effective November 23, 2012.
FMCSA Withdraws GCWR Direct Final Rule
FMCSA received several negative comments in response to the agency’s August 27, 2012 Direct Final Rule (DFR) regarding the definition of ‘gross combination weight rating’ (GCWR). As a result, the agency has withdrawn the DFR and will move forward with a Notice of Proposed Rulemaking (NPRM) on the issue.
PHMSA Proposes to Convert Several Special Permits to Regulation
On October 22, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a NPRM to amend the Hazardous Materials Regulations to incorporate several existing special permits into regulation. According to the NPRM, the proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. In addition, the NPRM addresses three petitions for rulemaking regarding the continued use of renewal applications for long standing special permits. Comments are due December 21, 2012. In addition to this NPRM, in MAP-21, Congress directed PHMSA to review all special permits that have existed for 10 or more years, to determine which should be incorporated into regulation.
Other Items of Interest
ATRI Surveying Motor Carriers on HOS Restart Rule
The American Transportation Research Institute (ATRI) has released a survey of motor carriers on the potential impacts of changes to the 34-hour restart rule for hours of service. Under the new Hours-of-Service rules that are scheduled to take effect next year, changes to the 34-hour restart will include 1) a requirement that a restart include two periods between 1 a.m. – 5 a.m., and 2) a limitation of one restart per 7-day time period. This survey is part of a larger ATRI study quantifying real-world operational impacts on the trucking industry that may result from these revisions. ATRI is encouraging motor carriers to complete the survey, which will be confidential, online. The results of the survey will be available later this year and ATRI’s full HOS study will be released in early 2013.
Update on Relevant Regulations:
FMCSA Announces Passenger Carrier HOS Listening Session
On October 18th, FMCSA announced that it will hold a public listening session to solicit information, concepts, ideas, and information on hours-of-service (HOS) requirements for drivers of passenger carrying commercial motor vehicles (CMVs). Specifically, the Agency would like to know what factors, issues, and data it should consider as it determines preliminarily whether the HOS regulations applicable to these drivers need to be changed to decrease the risk of fatigue-related crashes. The listening session will be held on Tuesday, October 30, 2012, in Santa Barbara, CA. The listening session will be held from 1:15 p.m. until 5:30 p.m., LT. The entire day’s proceedings will be webcast.
URS Rulemaking Moves Forward
According to FMCSA’s October edition of the Report on Significant Rulemakings, the Unified Registration System (URS) rulemaking has taken a step forward. The rule was transmitted to the Office of the Secretary on September 5th. FMCSA expects to publish the rule in February 2013. The rule would establish a new URS to replace four legacy systems in support of FMCSA´s safety and commercial oversight responsibilities. It would require all entities subject to FMCSA jurisdiction to comply with a new URS registration and biennial update requirement, disclose the cumulative registration information collected by URS, and provides a cross-reference to all regulatory requirements necessary to obtain permanent registration.
Cross Border Trucking Program Update
The U.S. District Court of Appeals in Washington, D.C., will hear oral arguments on December 6th in the suit OOIDA has filed against FMCSA regarding the agency’s cross-border pilot program with Mexico. The court has decided to consolidate several suits brought against the program into one case. The Teamsters, Public Citizen and the Sierra Club are also involved in the case.
Other Items of Interest
Members of Congress Request OIG Audit of CSA Program
The Chairman and Ranking Member of the House Transportation & Infrastructure Committee’s Subcommittee on Highways and Transit have written the DOT Inspector General’s office requesting an audit of FMCSA’s CSA program. The request follows the recent subcommittee hearing on the subject, at which CVSA testified (see September 14th Regulatory Update). The letter focuses on the quality of the data being used by CSA and the methodology FMCSA uses to analyze that data to create CSA scores.
Update on Relevant Regulations:
FMCSA Issues Guidance for MAP-21 Agricultural Exemption
On October 1st, the day that most provisions in MAP21 took effect, FMCSA published guidance in the Federal Register regarding new agricultural exemptions included in the bill. Section 32101 of MAP-21 provides a statutory exemption from the hours-of-service regulations for certain carriers transporting agricultural commodities and farm supplies, and section 32934 provides a statutory exemption from most of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles by farm and ranch operators, their employees, and certain other specified individuals under certain specific circumstances. The statutory provisions are self-executing and took effect on Monday, October 1, 2012. The agency also distributed a Frequently Asked Questions document on the issue.
FMCSA Updates FMCSRs – including Level VI OOSC Reference and CMV Definition
FMCSA also issued a Final Rule on October 1st that made a series of technical corrections to the FMCSRs. In addition to a number of technical corrections and updates, the rule includes:
- In Section 382.107, under the definition of ‘‘commercial motor vehicle,’’ the phrase ‘‘or gross combination weight’’ is added in paragraph (1) following the phrase ‘‘gross combination weight rating’’. The phrase ‘‘whichever is greater’’ is added after the parenthetical ‘‘(26,001 pounds or more)’’. In paragraph (2); the phrase ‘‘or gross vehicle weight’’ is added after the phrase ‘‘gross vehicle weight rating’’, and the phrase ‘‘whichever is greater’’ is inserted following the parenthetical ‘‘(26,001 or more pounds).’’ These changes are intended to make the definition consistent with the definition of commercial motor vehicle in 49 U.S.C. 31301(4) and 49 CFR 383.5.
- Section 385.415(b)(1) is updated to reference the most recent version of the Level VI OOSC. The reference to the January 1, 2004 edition is replaced with the new April 1, 2012 version of the North American Standard Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.
PHMSA Issues Final Rule Making Technical Corrections to HMRs
On October 5th, the Pipelines and Hazardous Materials Safety Administration also published a Final Rule making technical corrections and minor regulatory changes to the Hazardous Materials Regulations.
NHTSA Extends Deadline for Distracted Driving Grant Applications
NHTSA has published a notice extending the deadline for applications for Distracted Driving Grants from October 9th, 2012 to February 28th, 2013. The grants were authorized in the recently passed transportation bill, MAP21.
NHTSA Publishes NPRM on State Graduated Driver Licensing (GDL) Incentive Grant program
In today’s Federal Register, NHTSA has published a Notice of Proposed Rulemaking (NRPM) seeking public comment on the minimum qualification criteria for the State Graduated Driver Licensing (GDL) Incentive Grant Program, which was authorized under MAP21. The program authorizes grants for States that implement multistage licensing systems that require novice drivers younger than 21 years of age to comply with the requirements and process set forth below before receiving an unrestricted driver’s license. Comments are due October 25, 2012.
FMCSA Introduces Expanded PSP
FMCSA has introduced an expanded version of its Pre-Employment Screening Program (PSP). The change is intended to make it easier for more motor carrier companies, with the driver’s consent, to access PSP records. Currently, PSP is available to eligible intrastate motor carriers and companies directly involved in the pre-employment screening and hiring of commercial drivers. The program expansion means important driver safety data is now more easily available to companies that are responsible for hiring the drivers of many large trucks and buses. FMCSA has also launched an iPhone application for PSP.
MCSAC CSA Subcommittee Meeting
FMCSA announced that the CSA Subcommittee of the Motor Carrier Safety Advisory Committee (MCSAC) will hold a meeting October 16–17, 2012. Established at the August 2012 meeting of the MCSAC in accordance with Task 12–03, the subcommittee will provide the MCSAC with concepts, ideas, and recommendations on the CSA program.
FMCSA Responds to ATA Court Filing on HOS
In September, FMCSA filed its response brief with the U.S. Court of Appeals for the District of Columbia Circuit in the ongoing HOS court challenge. In the brief, the agency argues that, contrary to comments in ATA’s filing on the matter, the changes included in the new HOS rules were “not arbitrary or capricious.” Instead, the agency states that “The HOS rule reflects FMCSA’s weighing of scientific evidence and its careful consideration of the potential impacts on health and safety, as well as the costs and the effects of the rule on the public and the regulated industry.” ATA has until October 24th to file a response.
Other Items of Interest
ATRI Releases Study Assessing Link Between CSA and Safety
The American Transportation Research Institute (ATRI) has released a report examining the relationship between motor carrier CSA scores and actual crash involvement. ATRI assessed all five public BASICs and found a link between crash risk and the Unsafe Driving, Fatigued Driving and Vehicle Maintenance BASICs; partial support for the Controlled Substances and Alcohol BASIC; and no statistical support for the Driver Fitness BASIC. The report also proposes an alternative method for communicating fleet safety information to the public.
Congress Passes Bill Helping Military Obtain CDLs
Before leaving for the fall election break, Congress passed legislation that allows states to issue CDLs to military service members who are stationed in that state. The bill, the Military Commercial Driver’s License Act of 2012, passed the House and Senate in mere days. The goal of the legislation is to help expedite CDLs for members of the military, to help them pursue job opportunities immediately after leaving the service. Under existing law, states are only able to issue CDLs to legal residents of that state, making it difficult for members of the armed forces, who may be stationed outside their state of legal residence, to obtain a CDL before leaving military service. The bill was approved on September 28th, but has not yet been signed by the President.
DOT Overhauls Website
On October 1st, Secretary LaHood introduced the new DOT website. The agency made the changes in order to make it easier for visitors to the site to find what they’re looking; to make the most popular resources more accessible; and to arrange the agency’s resources in line with how the public views transportation.
Update on Relevant Regulations:
NTSB Updates Strategic Plan
On September 5th, the NTSB released its draft Fiscal Year 2013–2016 Strategic Plan and requested public comment, which the agency expects to publish in October. Comments are due September 19, 2012.
Seventh Carrier Seeks Approval for Cross Border Trucking Program
FMCSA is seeking public comment on the latest application to participate in the Cross Border Pilot Program. Transportes Monteblanco SA de CV is the seventh Mexican-domiciled carrier to submit for a Pre-Authorization Safety Audit. Comments are due September 24, 2012.
Item of Interest
CVSA President Testifies Before House Committee on CSA
In case you missed it, yesterday, CVSA President Assistant Chief David Palmer, Texas DPS, testified before the House Transportation & Infrastructure Committee’s Subcommittee on Highways and Transit. The focus of the hearing was the CSA program. A full list of witnesses, their testimony and video of the hearing can be found here.
Update on Relevant Regulations:
FMCSA Announces Changes to CSA
On August 28th, FMCSA publically announced a series of changes to the CSA program aimed at improving the accuracy of carriers’ scores. The changes will go into effect in December of 2012. Changes include:
- Strengthening the Vehicle Maintenance BASIC by incorporating cargo/load securement violations from today’s Cargo-Related BASIC;
- Changing the Cargo-Related BASIC to the Hazardous Materials (HM) BASIC to better identify HM-related safety and compliance problems;
- Better aligning the SMS with Intermodal Equipment Provider (IEP) regulations;
- Aligning violations that are included in the SMS with CVSA inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections;
- More accurately identifying carriers that transport significant quantities of HM; and
- More accurately identifying carriers involved in transporting passengers.
FMCSA also provided notice of its plan to modify the SMS website display to:
- Change current terminology, including the terms ‘‘Insufficient Data’’ and ‘‘Inconclusive,’’ to fact-based definitions that clarify the carrier’s status in each BASIC; and
- Distinguish between crashes with injuries and crashes with fatalities.
FMCSA Proposes Changes to GCWR Definition
On August 27th, FMCSA issued a Direct Final Rule making adjustments to the definition of ‘gross combination weight rating’ (GCWR). The rule would change the definition of GCWR in 383.5 and 390.5 to read “Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination motor vehicle.” Interested parties have until September 26th to comment. If FMCSA receives any negative comments, the agency must withdraw the DFR and initiate a formal rulemaking on the issue. If no negative comments are received, the change will be effective October 26th, 2012.
FMCSA Updates Timeline on High Profile Items
During the Motor Carrier Safety Advisory Committee meeting this week, FMCSA officials updated participants on some key agency initiatives, including:
- EOBRs - Notice of Proposed Rulemaking expected in March of 2013; final rule by October 2013
- Safety Fitness Determination - Notice of Proposed Rulemaking expected in January 2013.
UCR Board to Meet in September
The board of directors for the Unified Carrier Registration Plan will meet September 6th to continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement. The meeting will be open to the public via conference call.
Update on Relevant Regulations:
FMCSA Policy on New Entrant Corrective Action Submissions
A notice in the August 16th Federal Register provides information on the Agency’s policy regarding the timeliness of New Entrant Corrective Action Submissions. The agency must receive a new entrant motor carrier’s evidence of corrective action within 15 days of the date of a new entrant safety audit failure notice or within 10 days of the date of an expedited action notice. A new entrant motor carrier that does not submit evidence of corrective action within these time periods could have its registration revoked and be placed out of service. This decision became effective on July 20, 2012 for expedited action notices and will become effective on August 20, 2012 for safety audit failure notices.
FMCSA Announces ‘Fit, Willing and Able’ Guidance
In early August, FMCSA launched its ‘Fit, Willing and Able’ Program. According to the announcement, the program includes ‘policy guidance raises the safety bar for commercial trucks and buses by providing the specific criteria the agency considers when it grants, withholds, revokes or suspends a company’s operating authority registration.’
FMCSA Initiates EOBR Study
FMCSA has selected the Virginia Tech Transportation Institute to conduct a study into whether electronic on-board recorders (EOBRs) reduce the risk of fatigue-related crashes. According to the announcement, the study will use existing data from DOT to compare safety records and crash rates among EOBR-equipped trucks and non-equipped trucks. The study will also look at HOS compliance, what portion of the industry is currently using the devices, associated costs, and other benefits of the devices. The report should be done by the end of 2013.
Other Items of Interest
News from ATRI
The American Transportation Research Institute (ATRI) has launched its 2012 Top Industry Issues Survey. The annual survey, asks trucking industry stakeholders to rank the top issues of concern for the industry along with appropriate strategies for addressing each issue. The results of the 2012 survey will be released in October at the ATA Annual Management Conference and Exhibition in Las Vegas.
ATRI also released its comparative analysis of Roll Stability Systems. The study, based on carrier operational data, analyzed crash rates, crash costs, and technology costs for Roll Stability Control (RSC) and Electronic Stability Control (ESC) systems compared to vehicles without any RSS technology. The study indicates that installation of RSC technology may result in fewer rollover and jackknife crashes compared to trucks equipped with ESC. Furthermore, the study found that RSC installation costs were significantly lower than ESC installation costs.
Update on Relevant Regulations:
FMCSA Releases Final Brake Adjustment Rule
On August 6th, FMCSA will publish a Final Rule addressing two CVSA petitions regarding brake adjustment limits in the Federal Motor Carrier Safety Regulations (FMCSRs). The rule will be effective 30 days after publication. CVSA’s petition letter is attached.
FMCSA Releases Plan for Investigating Crash Accountability
Last week, FMCSA posted to its website an updated list of Frequently Asked Questions (FAQs). The revised FAQs seem to be geared towards addressing concerns regarding costs for the devices and includes revised cost estimates and an explanation. In one of the answer sections, FMCSA indicates that the agency will be taking another look at the costs and benefits associated with the technology. To view the updated FAQs, simply go to FMCSA’s FAQs site and select ‘Electronic On-Board Recorders’ from the drop down menu.
FMCSA Notice Regarding FY 2013 Safety Grants
Also on August 6th, FMCSA will publish a notice and change of application dates for the FY 2013 safety grants. This notice is a result of the changes to the grants made by MAP21.
FMCSA Extends Oilfield Exemption Comment Period; Schedules Listening Sessions
On Monday, FMCSA will publish an announcement extending the comment period for the agency’s regulatory guidance on oilfield exemptions to October 5th. In addition, the agency will conduct three listening sessions on the subject. The listening sessions, which are open to the public, are scheduled for:
- August 17th in Denver, CO
- August 21st in Pittsburgh, PA
- September (date to be determined) in Dallas, TX
FMCSA Proposes Changes to ‘Self-Reporting of Out-of-State Convictions’ for Drivers
In an attempt to relieve the regulatory burden to both states and individuals, FMCSA has issued a Notice of Proposed Rulemaking/Request for Comments regarding drivers’ self-report of out-of-state convictions. Currently, drivers are required to report out-of-state traffic convictions to their own home state’s licensing agency. However, because all but one state use the CDLIS system to report convictions, the agency believes self report is unnecessary. Instead, states will be required to transmit that data electronically within 30 days of the conviction. Comments are due October 1st.
FMCSA Notice of Policy Regarding Operating Authority Registration
On August 2nd, FMCSA published a notice of policy regarding review of applications for operating authority registration, and suspension, amendment or revocation of existing operating authority registration. Motor carriers, brokers and freight forwarders must demonstrate a willingness and ability to comply with applicable statutes and regulations in order to obtain and maintain operating authority registration. This notice outlines FMCSA’s policy for evaluating an applicant’s willingness and ability to comply with these requirements. The policy statement was effective August 2nd.
FMCSA Announces Upcoming MCSAC Meeting
Today, FMCSA has published a notice announcing that the Motor Carrier Safety Advisory Committee will hold a meeting August 27-29 in Alexandria, VA. The meeting will include presentations on the major motor carrier safety provisions in MAP21 and the CSA program. The Committee will be assigned a new task related to CSA, and will establish a subcommittee to provide feedback on the program. Also on the agenda, an update from the Cross-Border Trucking Pilot subcommittee, the Regulatory Flexibility Act Section 610 review process, and Motorcoach Hours-of-Service (HOS).
FMCSA Proposes Changes to Handling of Data from Pre-Employment Screening Program
In July, FMCSA announced plans to make changes to how the agency handles data in the Pre-Employment Screening Program. The agency is seeing comments on four changes:
- Excluding financial transactions from the records
- Revising a category of records identified as "Access Transaction Records" to clarify that the information is kept on the users who have access to the system for pre-employment screening.
- Providing notice of transactions routinely initiated by service providers.
- Providing notice when an operator or applicant requests his own record.
The notice also includes ‘nonsubstantive changes’ intended to simplify formatting. Comments are due August 21st.
NHTSA Reports an Increase in Road Fatalities in First Quarter of 2012
In July, NHTSA published a report indicating that road fatalities in the first quarter of 2012 have ‘increased significantly’, rising 13.5% over the first quarter of 2011. Meanwhile, VMT increased a mere 1.4% for the same period.
HOS Lawsuit Update
In late July, both ATA and the Advocates for Highway and Auto Safety submitted briefs in their suits against FMCSA regarding the 2011 HOS rule. In its brief, ATA argues that the agency based its assessment on faulty data, intentionally skewing the process in favor of the desired result. ATA was joined by the Intermodal Association of North America, the National Retail Federation, OOIDA and a number of other organizations, who filed in support of their brief. Meanwhile, the Advocates are seeking to force the agency to reevaluate the 11 hour rule, which they had hoped to see reduced. The Advocates would also like to see the 34-hour restart provision eliminated. FMCSA has been ordered by the court to respond by September 24th.
>> ATA’s Brief / Advocates Brief
OOIDA Files Suit Challenging FMCSA’s Driver Database
In July, OOIDA filed a lawsuit seeking to force FMCSA to remove drivers’ violations from the agency’s Motor Carrier Management Information System. According to the filing, OOIDA argues that the database contains inaccurate driver information, including violations that drivers have not yet been found guilty of as well as violations that have been dismissed by a court.
Update on Relevant Regulations:
NHTSA Calls for Comments on Vehicle Lighting Performance Technical Report
NHTSA has requested comments on a technical report, Feasibility of New Approaches for the Regulation of Motor Vehicle Lighting Performance, which evaluates new approaches for the regulation of motor vehicle lighting performance. Specifically, the agency is looking for comments on the general approaches and specific technical merits presented in this report. According to the request for comments, the report identifies several potential opportunities for performance requirements in the following areas: headlighting photometry, headlamp test voltage, sensitivity of headlamps to vertical aim, luminance of signaling and marking lamps, masking of front turn signals, and reliability of photometric testing. The report also examines other areas, including physical lamp testing and signal lamp angular photometry. Comments are due September 10, 2012.
FMCSA Posts EOBR Fact Sheet, Prepares Revised Cost Estimates
Last week, FMCSA posted to its website an updated list of Frequently Asked Questions (FAQs). The revised FAQs seem to be geared towards addressing concerns regarding costs for the devices and includes revised cost estimates and an explanation. In one of the answer sections, FMCSA indicates that the agency will be taking another look at the costs and benefits associated with the technology. To view the updated FAQs, simply go to FMCSA’s FAQs site and select ‘Electronic On-Board Recorders’ from the drop down menu.
FMCSA Accepting Applications for MCSAC Committee
FMCSA is now accepting applications to serve on the Motor Carrier Safety Advisory Committee. The Committee provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations. Applications and nominations are due August 10th.
Upcoming Events / Deadlines:
- July 20, 2012 (TODAY) – Comments due on NHTSA’s proposed changes to highway safety program guidelines
- July 24, 2012 – NHTSA public hearing on Heavy Vehicle Electronic Stability Control systems
- Comments due August 21, 2012
- July 30, 2012 – Comments due on changes to CSA
- August 6, 2012 – Comments due on FMCSA’s notice of regulatory guidance on oilfield exceptions to hours-of-service regulatory requirements
Update on Relevant Regulations:
FMCSA Changes Hazardous Materials Safety Permit Program Determination Factors
On June 27th, FMCSA published in the Federal Register a notice of amendment to enforcement policy regarding Hazardous Materials Out-of-Service Rates and Crash Rates. The agency makes changes to its policy on calculating the threshold crash rate and driver, vehicle, and HM OOS rates that qualify or disqualify a carrier for a hazardous materials special permit. Prior to the change, which was effective on the date of publication, FMCSA had been recalculating the threshold crash and OOS rates every two years, using MCMIS data from the preceding two years. Now, FMCSA will use eight years of data - from 2003 to 2010 - to determine the national average for eligible crash and OOS thresholds. These rates will remain static, rather than change every two years.
NHTSA Announces Public Hearing on Proposed Stability Control Systems Rule
The National Highway Traffic Safety Administration (NHTSA) will hold a public hearing on Heavy Vehicle Electronic Stability Control systems on July 24th, at 10am. The public hearing follows the May 23rd Notice of Proposed Rulemaking from the agency on the subject. According to the announcement, the hearing will focus on five areas:
- The size of the safety problem related to truck tractor and large bus ESC systems;
- How electronic stability control systems work to prevent rollover and loss of control;
- The research and testing that were separately conducted by NHTSA and the industry to evaluate the potential safety benefits of ESC and to develop dynamic vehicle test maneuvers to evaluate ESC performance;
- The specifics of the agency's proposal, including ESC equipment and performance criteria, vehicle compliance testing requirements and the implementation schedule; and,
- The benefits and costs of the proposal, as described in the NPRM and in the agency's Preliminary Regulatory Impact Analysis.
NHTSA Requests Comments on highway safety program guidelines
On June 20th, NHTSA published a request for comments on proposed amendments to five guidelines and one (1) new guideline, including:
- Guideline No. 1 Periodic Motor Vehicle Inspection;
- Guideline No. 2 Motor Vehicle Registration;
- Guideline No. 6 Codes and Laws;
- Guideline No. 16 Management of Highway Incidents (formerly Debris Hazard Control and Cleanup);
- Guideline No. 18 Motor Vehicle Crash Investigation and Incident Reporting (formerly Accident Investigation and Reporting); and,
- (NEW) Guideline No. 13 Older Driver Safety.
Comments are due July 20th.
NTTC & FMCSA to Hold Cargo Tank Test and Inspection Workshops
FMCSA and the National Tank Truck Carriers Association will host four cargo tank test and inspections workshops. The workshops are designed to provide up-to-date information to tank truck carrier and commercial repair facility personnel responsible for compliance with DOT regulatory requirements. The workshops will be held in:
- New Orleans, July 17-18;
- Kansas City, Mo., Aug. 15-16;
- Hartford, Conn., Aug. 22-23; and,
- Anchorage, Alaska, Sept. 5-6.
US, Canada and Mexico Commit to Better Data Collection, Sharing
In June, officials from the US, Canada and Mexico signed an agreement to improve the collection and sharing of transportation data and statistics in an effort to improve cross-border integrated transportation planning and operations. The Memorandum of Cooperation was signed as part of the 26th annual meeting of the North American Transportation Statistics (NATS) Interchange Forum in Washington, D.C.
UCR Board Sets 2013 Fees, Polices
At its June meeting, the Unified Carrier Registration board agreed to recommend that fees remain at their current levels for 2013. In addition, the board will recommend that hard enforcement begin January 1st, with no soft enforcement period.
Regulatory Update:
HOS Court Case Moves Forward
In June, the U.S. Court of Appeals for the District of Columbia Circuit Court posted its schedule for the coming months, which includes the newest court challenge to FMCSA’s HOS rulemaking. The Court has consolidated the various challenges from both safety and industry into one item. The first set of briefs are due July 24th, with no date set at this point for oral arguments. Industry has argued that the new rules are unnecessary and too restrictive. Meanwhile, safety advocates consider the rules too lax, because FMCSA did not reduce drive time from 11 to 10 hours.
ATA Renews Call for Release of Crash Accountability Study
Following FMCSA’s announcement postponing the release of the agency’s Crash Accountability Standards, the American Trucking Associations (ATA) has called on the agency to release its Crash Accountability Study. The study contains data explaining how regulators weight violations used to compute CSA scores. ATA continues to push on the agency to address the crash accountability issue, which it views as critical to accurate CSA scoring.
FMCSA Issues DVIR Final Rule
In a Final Rule published June 12th, FMCSA eliminates the requirement for drivers operating intermodal equipment to submit—and intermodal equipment providers to retain—driver vehicle inspection reports (DVIRs) when the driver has neither found nor been made aware of any defects in the IME. The final rule was effective June 12, 2012.
NTSB Findings on 2011 Bus Crash Released
In early June, the National Transportation Safety Board (NTSB) released its findings regarding the March 2011 bus crash in New York City that killed 15 people. In its report, NTSB determined that fatigue and speeding were contributing factors to the crash. The agency also makes recommendations in its report, calling for carriers to look at driver records going back 10 years, rather than the current 3 year standard, arguing that 3 years does not provide a full history and prevents carriers from making informed decisions. NTSB also recommends that all heavy vehicles be equipped with speed limiters.
FMCSA Clarifies “Driveaway-Towaway” Trip HOS Requirements
On June 6th, FMCSA issued a Notice of Regulatory Guidance clarifying that when a driver is operating a CMV designed or used for passenger transport on “driveaway-towaway” trips, property-carrier hours-of-service rules are applicable. The guidance was issued in response to inquiries the agency received regarding delivery of a bus or motorcoach from a manufacturer to a dealer.
Update on Relevant Regulations:
FMCSA Seeks to Clarify HOS Oilfield Exceptions
This morning, FMCSA made public a notice of regulatory guidance on oilfield exceptions to hours-of-service regulatory requirements. The notice seeks to clarify which CMV drivers are subject to the HOS exceptions in 49 CFR 395.1(d), Oilfield operations. The notice is scheduled to be published in the Federal Register on Tuesday, June 5th, followed by a 60-day comment period.
FMCSA Publishes Technical Corrections to LCV Regulations in Nebraska and Oregon
On Thursday, FMCSA published a final rule making requested technical corrections to regulations that govern the length of trailers in Oregon and the length of permit duration in Nebraska. The rule is effective July 2, 2012.
FMCSA Issues Guidance on ‘Tank Vehicle’ definition
On May 24th, FMCSA published a notice of regulatory guidance and applicability of “tank vehicle” definition. The notice is in response to a number of requests for clarification on the issue since the agency’s May 9, 2011 publication of the “Commercial Driver’s License Testing and Commercial Learner’s Permit Standards” final rule. The guidance was effective May 24, 2012.
FMCSA Issues Guidance on AOBRDs
FMCSA has also issued regulatory guidance with respect to entering data in an Automatic On-Board Recording Device while a commercial motor vehicle is in motion. The guidance was also effective May 24, 2012.
FMCSA Expresses Concerns Over Cross-Border Trucking Program
According to FMCSA officials, the cross-border pilot program is at risk due to low participation by Mexico-domiciled carriers. As of mid-May, only three carriers had been cleared for the program, far below the 43 carriers the agency says is necessary to gather adequate data on the program. Agency officials are working with their counterparts in Mexico to encourage additional participation.
FMCSA Extends Comment Period for Changes to CSA BASICs
On May 24th, FMCSA issued a notice extending the comment period for proposed changes to the SMS system. The comment deadline is now July 30th.
NHTSA Publishes Heavy Vehicle ESC NPRM
Last week, NHTSA published its much anticipated NPRM on requiring electronic stability control (ESC) systems on heavy vehicles. In the notice, NHTSA argues that ESC systems in truck tractors and large buses help to reduce conditions that lead to loss of control and rollovers. NHTSA plans to hold a public hearing on the proposal this summer. Comments are due August 21, 2012.
NHTSA Final Rule on Seat Belts in Motorcoaches Moves Forward
In DOT’s May Report on Significant Rulemakings, NHTSA announced that its final rule requiring seat belts on motorcoaches was sent to the Office of the Secretary on May 9th and is expected to move to OMB for review later this month.
Update on Relevant Regulations:
NHTSA Makes Electronic Stability Control Systems for Heavy Vehicles Proposed Rule Public
Next week, the National Highway Traffic Safety Administration (NHTSA) will publish its Notice of Proposed Rulemaking (NPRM) requiring that electronic stability control systems be installed on ‘heavy vehicles’. In the notice, the agency indicates it will hold a public hearing session on the issue sometime this summer. Once the rule is officially published, comments will be accepted for 90 days.
FMCSA Officially Rescinds EOBR Rule
On May 14th, FMCSA officially published in the Federal Register a retraction of the EOBR rule that was struck down last fall. This is primarily an administrative step to officially remove the vacated language from federal records. Because FMCSA was forced to vacate the entire rule, the agency also republished a statutory requirement that the agency revoke a carrier’s operating authority for failure to comply with safety fitness requirements, if that carrier is deemed ‘unfit’. This is necessary because the requirement was included in the now rescinded EOBR rule.
FMCSA Announces MCSAC Meeting
FMCSA announced that the MCSAC will hold a meeting on May 21–23, 2012. On Monday and Tuesday, the committee will consider ideas and concepts to address certain open NTSB recommendations. On Wednesday, the Cross-Border trucking subcommittee and the Motorcoach Hours-of-Service (HOS) subcommittee will meet.
FMCSA Releases Final 2012-2016 Strategic Plan
In early May, FMCSA released its final strategic plan for the next several years, entitled “2012-2016 Strategic Plan: Preventing Crashes … Saving Lives.” In its announcement, the agency indicated that the plan presents a new comprehensive direction to focus its efforts on outreach, oversight and enforcement resources directed at the entire CMV transportation life cycle. The draft plan was released in June of 2011, at which point the agency solicited comment from industry and the public. The plan has is based on three principles: raising the bar to entry; maintaining high safety standards; and removing high-risk carriers and drivers. The plan lists four core values for the agency: a commitment to excellence, innovation and data driven, collaboration for success, and integrity first.
Other Items of Interest:
USDOT Issues Statement of Regarding Transportation bill Conference
Earlier this week, USDOT transmitted a letter to the House and Senate outlining the Administration’s views a number of policy issues to be addressed in the surface transportation conference report. The letter touches on a number of issues relevant to CVSA, including exemptions, hazmat issues, new entrant audits, and MCSAP funding.
Update on Relevant Regulations:
FMCSA Issues Final Rule Targeting Chameleon Carriers
On April 26th, FMCSA published a final rule on its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The rule makes a series of changes intended to target reincarnated or ‘chameleon’ carriers. Specifically, the rule establishes procedures for issuing out-of-service orders to “reincarnated” carriers, preventing unsafe carriers from forming a new company or obtaining new registration. The rule also attempts to better track company records, helping the agency to link “reincarnated” companies with prior or existing companies. This rule is effective May 29, 2012.
FMCSA Publishes Medical Examiner Rule
In April, FMCSA published its final rule on the National Registry of Certified Medical Examiners (NRCME). The rulemaking establishes training, testing and certification standards for medical examiners who certify CMV drivers for their CDLs. It also will create a national online registry of examiners who have met the certification requirement. The final rule is effective on May 21, 2012 and compliance is required beginning on May 21, 2014. Additional information is available on FMCSA’s NRCME website.
FMCSA Grants ATA Petition Regarding Tank Endorsement
FMCSA has granted ATA’s request for the agency to open a rulemaking regarding the definition of a tank endorsement, which was published as part of a larger rulemaking last May, in order to give further consideration to what constitutes a tank vehicle for the purposes of requiring an endorsement to the commercial driver’s license. ATA’s petition stated in part that the new rule expanded the definition to include the transportation of manifested tanks as cargo.
NHTSA Extends Comment Period for Driver Distraction Guidelines
Following up on its February notification of proposed voluntary NHTSA Driver Distraction Guidelines for in-vehicle electronic devices, the agency issued an extension for the comment period. Comments are now due May 18th.
Other Items of Interest:
FMCSA Enlists Students for Development of Next SaferBus App
In the April 30th edition of his Fast Lane blog, the Secretary LaHood challenges students to help develop the next generation SaferBus mobile app. The app, launched earlier this year allows customers to look at safety data for a particular carrier prior to purchasing tickets. According to the post DOT is looking for guidance from a “consumer-minded developer to transform that raw data into innovative, user-friendly tools for travelers.” Additional information is available at www.challenge.gov.
Update on Relevant Regulations:
FMCSA Calls for UCR Board Nominees
On April 6th, FMCSA published a notice calling for nominations for the Board of Directors of the Unified Carrier Registration Plan. The agency plans to appoint five members from the motor carrier industry. Nominations are due by May 7, 2012.
Medical Examiner Rule Clears OMB
On April 4th, FMCSA’s National Registry of Certified Medical Examiners rulemaking was approved by OMB. Publication is expected in the coming weeks. The rulemaking would establish training, testing and certification standards for medical examiners who certify CMV drivers for their CDLs.
PHMSA Seeks Comment on 2012-2016 Strategic Plan
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has completed a final draft of its 2012-2016 Strategic Plan outlining how the agency intends to meet its mission and is now seeking comment from stakeholder organizations and the public. The plan can be viewed here. Comments are due April 30, 2012.
NHTSA Publishes Final Rule on FMVSS for Platform (Wheelchair) Lifts
Earlier this month, NHTSA published a final rule adopting amendments to the Federal motor vehicle safety standards on platform lift systems for motor vehicles. Changes were made to:
- lighting requirements for lift controls;
- location requirements,
- performance requirements,
- test specifications for threshold warning signals;
- wheelchair retention device and inner roll stop tests; and,
- lighting requirements for public use lifts.
The final rule is effective May 7, 2012 and compliance is mandatory by October 2, 2012. Meanwhile, petitions for reconsideration are due by May 21, 2012.
FMCSA Publishes Notice on EOBR Listening Session at CVSA Workshop in Bellevue
On April 2nd, FMCSA published the official notice regarding the agency’s EOBR Listening Session that has been scheduled in conjunction with CVSA’s Spring Workshop in Bellevue, Washington. The Listening Session will be held on Thursday, April 26 from 1:30-5:30pm. All Inspectors, carriers, and vendors are encouraged to participate.
Other Items of Interest:
ATRI Seeking Driver Feedback on CSA
Continuing its analysis of the CSA program, the American Transportation Research Institute (ATRI) is now conducting a survey to gauge driver reactions to the program. ATRI will publish the findings as a follow-up to a similar survey last year that 5,000 drivers answered, as well as additional research on motor carriers’ perspectives. The survey is available here.
Update on Relevant Regulations:
FMCSA Releases Proposed Changes to CSA
Earlier this week, FMCSA published a Notice/Request for Comment on changes the agency has proposed for the CSA program. The purpose of the changes, according to the Notice is to “more effectively identify and prioritize high-risk and other unsafe motor carriers for enforcement interventions.” In order to accomplish this, FMCSA proposes to:
- Move cargo/load securement violations from the Cargo-Related BASIC to the Vehicle Maintenance BASIC;
- Rename the Cargo-Related BASIC the Hazardous Materials (HM) BASIC, which will better identify HM-related safety problems and change how HM carriers are classified to allow for increased intervention scrutiny;
- Better aligning SMS with Intermodal Equipment Provider (IEP) regulations;
- Eliminate vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections;
- Improve the identification of passenger carriers; and
- Modify the SMS website display to change current terminology, including the terms “Insufficient Data” and “Inconclusive,” to fact-based definitions that clarify the carrier’s status in each BASIC and distinguish between crashes with injuries and crashes with fatalities.
The preview of the changes will be available to enforcement and motor carriers for review and comment through July, at which point the changes will also be made available to the public for review. Comments are due May 29th, 2012.
FMCSA Issues Bulletin on Fake Letters
FMCSA reports that a new round of forged letters from DOT has been circulating. The agency says the letters, being sent to motor carriers, are dated March 16th. The letters say they are from “U.S. Department of Transportation Procurement Office” and are signed by a fictitious name, “Julie Weynel – Senior Procurement Officer.” The letters solicit banking information from the companies that receive them, the agency indicated. Anyone who receives the letters should notify their local law enforcement agency immediately.
GAO Issues Recommendations to FMCSA on Targeting Chameleon Carriers
At the request of Congress, the GAO conducted a study and issued a report entitled “New Applicant Reviews Should Expand to Identify Freight Carriers Evading Detection.” In the report GAO finds that FMCSA could make better use of data in order to target the ‘chameleon carrier’ problem in the industry. However, the report also acknowledges that the agency has limited resources with which to process carrier applications. GAO recommends that FMCSA “expand the vetting program using a data-driven approach; and provide guidance to improve the new entrant program.”
PHMSA Proposes Updates to Hazmat Rules
PHMSA issued a Notice of Proposed Rulemaking to revise the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seatbelt pretensioners, ending the special permit requirement. However, automakers and suppliers would still have to comply with standing conventional regulations for packaging, marking and transporting the assembly components. The proposed change is being made in order to comply with a directive for federal agencies to attempt to reduce the regulatory burden on industry, when possible.
PHMSA Revives HM-ACCESS Initiative
PHMSA announced this month that it will be reviving the Hazardous Materials Automated Cargo Communication for Efficient and Safe Shipments (HM-ACCESS) initiative. According to the announcement, the program was originally established in 2008 to “identify and eliminate barriers to the use of paperless hazard communication technologies to improve the delivery of critical hazardous materials (HM) safety information throughout the transportation chain.” PHMSA’s Office of Hazardous Materials Safety (OHMS) intends to gather input from stakeholders, including emergency response, law enforcement, hazardous materials shippers, and modal carriers. Additional information on the initiative will be available here.
PHMSA Requests Comment on Draft Work Plan for US/Canada RCC
PHMSA published a Notice for Stakeholder Comment on the draft work plan of the Transportation—Dangerous Goods Working Group, of the United States-Canada Regulatory Cooperation Council (RCC). The purpose for the plan is to facilitate regulatory coordination between the US and Canada. In particular, PHMSA is interested in comments on:
- The development of ongoing cooperation frameworks and alignment mechanisms in the work plan.
- Technical input relevant to issues identified in the work plan or otherwise in relation to the transportation of hazardous materials between the U.S. and Canada.
- Preferred method and frequency of stakeholder engagement for the working group.
- Overall United States-Canada regulatory cooperation and the RCC process with respect to the transportation of hazardous materials.
FMCSA Releases SaferBus App
Earlier this month, FMCSA launched its SaferBus mobile app. The product was designed to help the general public access the safety record of passenger motor carriers in a simple, understandable format. The application allows users to verify a company’s operating authority and insurance status; view safety performance records; provides alerts when a company receives an unsatisfactory safety rating; and allows users to file a complaint.
NHTSA Publishes Final Rule on Bus Safety Standards
Today, NHTSA published its Final Rule on “Federal Motor Vehicle Safety Standards; Bus Emergency Exits and Window Retention and Release.” The rule is effective April 2, 2013, with optional early compliance beginning March 30th, 2012.
Update on Relevant Regulations & Administration Activities:
FMCSA to host EOBR Listening Session at CVSA Workshop in Bellevue
At FMCSA’s request, CVSA has agreed to host one of their EOBR Listening Sessions at the CVSA Workshop in Bellevue, Washington. The Listening Session will be held on Thursday, April 26 from 1:30-5:30pm. All Inspectors, carriers, and vendors are encouraged to participate.
NHTSA Announces Technical Workshop on Proposed Voluntary Guidelines for Automakers
On March 15th, NHTSA announced that the agency would host a workshop to discuss technical issues relevant to the proposed guidelines. The workshop will be held March 23rd, at the NHTSA Vehicle and Research Test Center in East Liberty, Ohio.
NTSB to Host Distraction Forum
NTSB will host a forum entitled “Attentive Driving: Countermeasures for Distraction” on Tuesday, March 27th at the agency’s Washington, DC headquarters. The purpose of the forum is to examine countermeasures that can mitigate distracted driving behaviors. The forum will feature subject matter experts, safety advocates, law enforcement, manufacturers and government officials. Details are available here.
CVSA HOS Petition Denied
FMCSA has denied CVSA’s petition for reconsideration of the hours-of-service rule. CVSA had asked FMCSA to consider adjusting the definition of ‘on-duty’ time and delaying all implementation dates to July 2013.
FMCSA Changes Course on NYC CMV Tax
In early March, FMCSA published a notice granting a petition for reconsideration filed by the New York City Department of Finance. The petition asked that FMCSA reinstate the City’s credentialing system for the CMV Tax. FMCSA agreed with the petition, stating that the City’s credentialing system had been in place since 1960, making it an exception to the preemption determination.
Update on Relevant Regulations:
Battle Over EOBRs Continues
FMCSA has announced an EOBR listening session, being held in conjunction with the Mid-America Trucking Show in Louisville, KY, on March 23rd. FMCSA is looking for comment on the issue of EOBRs and driver harassment, such as:
- what factors, issues, and data the agency should consider as it addresses the distinction between productivity and harassment;
- what will prevent harassment from occurring;
- what types of harassment already exist;
- how frequently and to what extent harassment happens; and,
- how an electronic device such as an EOBR will guard against (or fail to guard against) harassment.
Meanwhile, OOIDA has filed a suit with the Seventh Circuit Court of Appeals, asking that the court order the federal government to stop encouraging the use of EOBRs. OOIDA maintains the agency’s pursuit of the devices is in violation of last summer’s court ruling vacating the agency’s EOBR rule. ATA, on the other hand, has filed an amicus brief supporting FMCSA’s efforts.
Safety Advocates File Suit Against HOS Rule
As expected, highway safety advocates have filed a lawsuit challenging the hours-of-service rule published in December, arguing that the rule does not go far enough in addressing driver fatigue. The suit, filed by Advocates for Highway and Auto Safety, Public Citizen and the Truck Safety Coalition, focuses on FMCSA’s decision not to reduce driving time to 10 hours. According to the groups, FMCSA “had no data to support” its move in 2004 to expand truck driving time to 11 hours, and therefore, the hours should be reduced back down to 10.
In other HOS news, FMCSA has posted a new document on its website illustrating 20 logbook examples under the HOS rules. The examples include logbooks with no violations, then logbooks with violations of the rules such as the daily driving limit and 14-hour driving window, the 30-minute break provision, the 34-hour restart provision and sleeper berth use.
FMCSA Cross Border Trucking Program Update
FMCSA announced that Baja Express Transportes of Tijuana, Mexico, has passed its pre-authorization safety audit (PASA) and is seeking comment on the information submitted by the carrier. Comments are due March 12, 2012. This announcement comes as FMCSA officials travel to Mexico to encourage additional participation in the program. Interest in the program has been minimal and FMCSA needs additional carriers to participate in order to get credible data for the pilot program.
DOT to Hold Hearings on Proposed Voluntary Guidelines for Automakers
Following last week’s release of proposed voluntary guidelines for automobile manufacturers limiting the distraction risk for in-vehicle electronic devices, NHTSA has announced that the agency will hold 3 public hearings relating to the guidelines:
- March 12, 2012, in Washington, DC;
- March 15, 2012, in Chicago, IL; and
- March 16, 2012, in Los Angeles, CA.
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.
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.
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).
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.
