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September 2018 Significant Rulemaking Report
Foley
5 mins read

SEPTEMBER 25, 2018 – Now that the ELD mandate is in full effect, the big question is this: are the current hours of service regulations outdated? And do they need to be revised to make it easier for CMV drivers to meet the demands of the job – without sacrificing the safety of our nation’s roadways?

The FMCSA published an Advanced Notice of Proposed Rulemaking (ANPRM) last month that seeks to address these very questions. In addition to encouraging the public to leave comments online, the administration is holding a few public listening sessions  – the second of which was held this past weekend in Reno, Nevada. Another listening session in Washington D.C. was canceled and will be rescheduled to a later date due to Hurricane Florence.

Specifically, the administration is considering revisions to the current 100 air-mile radius exemption, the adverse conditions exemption, the 30-minute break requirement and how sleeper berth hours can be calculated.

As announced in the Federal Register last week, the FMCSA has extended the comment period for these suggested revisions until October 10. This gives you a few more weeks to leave your opinions before they begin the decision-making process. To leave your comments, please click here.

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. Publication was projected for earlier this month. No reason has been provided for delays.
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. Comments are currently being accepted. These comments are due for publication by the end of 2018.
Hours of Service Drivers  The FMCSA has requested public comment about the current Hours of Service regulations and whether they need to be revised now that the electronic logging device mandate has gone into effect. ANPRM. Comments are currently being accepted. These comments are due by September 24.
 
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