What's Coming Down the Road

In 2015, President Barak Obama signed into law a new five-year surface transportation bill, Fixing American’s Surface Transportation Act (FAST Act). In its passing, the Fast Act mandated government agencies, such as the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, to review and study key issues such as the Compliance, Safety, and Accountability Program, the Safety Management System, and detention time.

Further, government agencies such as FMCSA, FHWA, NHTSA and OSHA, each have their own mission statements and agendas. Thus, it can be difficult for professional truck drivers to know what is coming down the road with so many government agencies affecting the trucking industry. Therefore, the OOIDA Foundation would like to provide the Association’s members with easy access to those notices, NPRMs, and final rules by providing direct links to the Federal Register

Federal Motor Carrier Safety Administration
Docket No.TitleSummaryDeadline
FMCSA-2018-0159 Agency information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test StandardsFMCSA announces its plan to submit the ICR described below to OMB for its review and approval and invites public comment. The FMCSA requests approval to revise and renew an ICR titled, “Commercial Driver Licensing and Test Standards,” due to an increase in the number of commercial driver’s license records and the addition of one information collection item: “Driver completion of knowledge and skills tests 49 CFR 384.201.” This ICR is needed to ensure that drivers, motor carriers and the States are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate, complete and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.10/9/2018
FMCSA-2017-0226 Fixing America’s Surface Transportation Act Correlation StudyOn June 27, 2017, the National Academy of Sciences (NAS) published its report titled, “Improving Motor Carrier Safety Measurement.” This report was commissioned by FMCSA consistent with the requirements of Section 5221 of the Fixing America’s Surface Transportation (FAST) Act. The FAST Act also requires that the Agency develop a corrective action plan to address any identified deficiencies and submit it to Congress and the U.S. DOT’s Office of Inspector General (OIG); this was completed on June 25, 2018. The purpose of this notice is to announce a public meeting to discuss NAS recommendations 2, 3 and 4 and to solicit input to be considered by the Agency. 10/22/2018
FMCSA-2018-0248 Hours of Service of DriversThe introduction of ELDs and their ability to accurately record compliance with HOS regulations for drivers of CMVs have prompted numerous requests from Congress and the public for FMCSA to consider revising certain HOS provisions. To address these requests, FMCSA seeks public input in four specific areas in which the Agency is considering changes: the short-haul HOS limit; the HOS exception for adverse driving conditions; the 30-minute rest break provision; and the sleeper berth rule to allow drivers to split their required time in the sleeper berth. In addition, the Agency seeks public comment on petitions for rulemaking from OOIDA and TruckerNation. OOIDA petitioned the Agency to amend the HOS rules to allow drivers to take a rest break once per14-hour duty period for up to three consecutive hours if the driver is off-duty. OOIDA’s petition also requests that the Agency eliminate the 30-minute rest break requirement which the Agency had identified as an area of consideration for rulemaking. TruckerNation petitioned the Agency to revise the prohibition against driving after the 14th hour of beginning the work shift, allow drivers to use multiple off-duty periods of three hours or longer in lieu of having 10 consecutive hours off-duty, and eliminate the 30-minute rest break requirement. 10/10/2018
FMCSA-2018-0237 Hours of Service of Drivers: American Concrete Pavement Association, Inc.; Application for ExemptionFMCSA announces that it has received an application from the American Concrete Pavement Association, Inc. (ACPA) requesting exemptions from two requirements of the HOS regulations for drivers of certain CMVs operated by ACPA members: the 30-minute rest break provision; and the requirement that short-haul drivers utilizing the RODS exception return to their work-reporting location within 12 hours of coming on duty. The first exemption would enable drivers engaged in the transportation of ready-mixed concrete in vehicles, other than those outfitted with rotating mixer drums, and related materials and equipment to use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. The second exemption would allow these drivers to use the short-haul exception but return to their work-reporting location within 14 hours instead of the usual 12 hours. FMCSA requests public comment on ACPA’s application for exemptions.10/9/2018
FMCSA-2005-23151 Qualifications of Drivers; Diabetes StandardsFMCSA revises its regulations to permit individuals with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate CMVs in interstate commerce. Previously, ITDM individuals were prohibited from driving CMVs in interstate commerce unless they obtained an exemption from FMCSA. This rule enables a certified medical examiner (ME) to grant an ITDM individual a Medical Examiner’s Certificate (MEC), MCSA-5876, for up to a maximum of 12 months. To do so, the treating clinician (TC), the healthcare professional who manages, and prescribes insulin for, the treatment of the individual’s diabetes, provides the Insulin-Treated Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified ME indicating that the individual maintains a stable insulin regimen and proper control of his or her diabetes. The certified ME then determines that the individual meets FMCSA’s physical qualification standards and can operate CMVs in interstate commerce. 11/19/2018
FMCSA-2012-0103 Lease and Interchange of Vehicles; Motor Carriers of PassengersFMCSA proposes to amend its May 27, 2015, Lease and Interchange of Vehicles; Motor Carriers of Passengers final rule in response to petitions for rulemaking and extend the January 1, 2019, compliance date to January 1, 2021. Today’s proposal would narrow the applicability of the rule, by excluding from the definition of lease and the associated regulatory requirements, certain contracts and other agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with FMCSA. For passenger carriers that would remain subject to the leasing and interchange requirements, FMCSA proposes to return the bus marking requirement to its July 1, 2015, state with slight modifications to add references to leased vehicles; revise the delayed writing of a lease during certain emergencies; and remove the 24-hour lease notification requirement. This proposal would be a deregulatory action as defined by Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.” 11/19/2018

 

 

 

Other
Docket No.TitleSummaryDeadline
DOT-OST-2018-0081 Solving for Safety Visualization Challenge Solver Solicitation"U.S. Department of Transportation (USDOT) is launching the Solving for Safety Visualization Challenge to incentivize the use of safety data in the development of innovative analytical visualization tools that will reveal insights into serious crashes and improve understanding of transportation safety. The Challenge serves as a platform to capture the imaginations of technology and data firms, transportation stakeholders, and state and local agencies to unlock their creativity, and empower them to develop innovative new data visualization tools that can help improve road and rail user safety, to benefit all transportation users. The Challenge is open to individuals and teams (Solvers) from the business and research communities, including technology companies, analytics firms, transportation carriers, industry associations, research institutions, universities, mapping and visualization providers. Solvers will compete for cash prizes that will be awarded throughout the multi-stage Challenge. The Challenge prize purse is $350,000, with four semi-finalists competing for a portion of the $100,000 interim prize and two final-stage Solvers competing for a portion of the $250,000 final prize." 7/31/2018
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