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April 2019 Significant Rulemaking Report
Foley
6 mins read

APRIL 30, 2019  – Once again, it’s hours of service that has been the talk of Capitol Hill. Late last month a Notice of Proposed Rulemaking was submitted to the White House’s Office of Management and Budget that will give drivers more flexibility in managing their driving and on-duty hours. Although the FMCSA has alluded to some of the changes that may be contained in the rulemaking, the proposal won’t be released until after the review process is complete.

On the ELD front, carriers who are still running AOBRDs are being advised to make the switch to ELDs sooner rather than later. With the compliance deadline coming later this year, officials warn of shortages if carriers wait until the last minute to order a compliant device. Speaking of ELDs, livestock haulers might get yet another exemption – giving them until at least midway through 2020 to comply. A letter penned by 63 members of Congress in support of the ELD exemption was submitted to transportation appropriation leaders this month.

What else is going on in the FMCSA? Here’s a current rundown of pending regulations:

Proposed FMCSA Rules

FMCSA Rule Summary Status
Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border The international agreement would change regulations that govern applications and would require additional information on the applicant’s business and operating practices. Undetermined. Delays attributed to unanticipated issues requiring further analysis.
MAP-21 Enhancements and Other Updates to the Unified Registration System Would implement several provisions of MAP-21 as they relate to the Unified Registration System. Would update and codify the agency’s procedures for granting, suspending, and revoking registration. The intent is to allow for greater uniformity, transparency, efficiency and predictability in those processes, according to the FMCSA. Undetermined. An NPRM was published on September 20, with comments accepted through November 22.
Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Would require all inspections, audits and reviews to be conducted by certified officials. NPRM. Based on comments to the Interim Final Rule (IFR), the agency will issue a Final Rule that addresses issues not clarified in the IFR.
Consumer Complaint Information Would require carriers of household goods to submit quarterly reports of complaints received. Undetermined. Delays attributed to lack of resources and lack of staffing.
Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers Would increase minimum insurance requirements for freight and passenger motor carriers. ANPRM. The FMCSA accepted comments through the fall on several key regulatory issues related to this rule.
New Entrant Safety Assurance Process Would improve methods to ensure new applicant carriers are knowledgeable about safety requirements. Undetermined. Delays attributed to additional coordination needs.
Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States This international agreement would implement a system to evaluate the safety fitness of Mexico-domiciled carriers within 18 months of being granted authority to operate in the U.S. Would also establish suspension and revocation procedures. Undetermined. Delays attributed to unanticipated issues requiring further analysis.
Heavy Vehicle Speed Limiters This rule would require the installation of speed limiting devices on heavy trucks. NPRM was published on 9/7/16 and ended on 11/7/16.
Amendments to Motor Carrier Safety Assistance Program Proposes amendments to address changes in the Agency’s grant programs resulting from Fixing America’s Surface Transportation (FAST) Act. NPRM. This rule has seen delays because it’s awaiting the development of additional data.
Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles  The FMCSA has requested public comment about the current Federal Motor Carrier Safety Regulations (FMCSRs) and whether they’ll need to updated, modified or eliminated to make the safe introduction of automated driving systems on our nation’s roadways easier. ANPRM was due last week. No further updates have been given.
Hours of Service of Drivers The FMCSA sent out a request for public comment regarding the current hours of service regulations and whether certain revisions would benefit motor carriers. NPRM. A Notice of Proposed Rulemaking was filed with the White House’s Office of Management and Budget for approval last month.
Hours of Service of Drivers of Commercial Motor Vehicles; Transportation of Agricultural Commodities  In an effort to create a clearer definition of the term “Agricultural commodity,” the FMCSA is seeking public comment and data on the issue. ANPRM. Publication was rescheduled for next month.
Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of CDL The FMCSA is proposing that all State Driver’s Licensing Agencies remove commercial driving privileges from anyone who violates the current drug or alcohol regulations. Privileges would not be reinstated until the return-to-duty process is complete. NPRM. Publication is scheduled for later this summer.
 
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