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-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
FMCSA-2016-0102 Broker and Freight Forwarder Financial ResponsibilityFMCSA announces that it is initiating rulemaking action pertaining to the implementation of the Moving Ahead for Progress in the 21st Century Act (MAP-21). MAP-21 raised the financial security amount for brokers to $75,000 and, for the first time, established financial security requirements for freight forwarders. In this ANPRM, the Agency is considering eight separate areas: group surety bonds/trust funds, assets readily available, immediate suspension of broker/freight forwarder operating authority, surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency, enforcement authority, entities eligible to provide trust funds for form BMC-85 trust fund filings, Form BMC-84 and BMC-85 trust fund revisions, and household goods (HHG). The Agency seeks comments and data in response to this ANPRM.11/26/2018
FMCSA-2018-0279 Agency Information Collection Activities; New Information Collection: Crash Risk by Commercial Motor Vehicle Driver SchedulesThis ICR is associated with FMCSA’s study to investigate how commercial motor vehicle (CMV) drivers’ schedules impact overall driver performance and safety. FMCSA needs these data to answer important research questions related to driver schedules and how these affect overall driver performance and fatigue.12/24/2018
FMCSA-2018-0159 Agency Information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test StandardsFMCSA requests approval to revise and renew an ICR titled, “Commercial Driver Licensing and Test Standards,” due to, in part, a decrease in the number of commercial driver’s license records and the addition of one information collection item: “Driver completion of knowledge and skills tests.” 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.11/29/2018

 

National Highway Traffic Safety Administration
Docket No.TitleSummaryDeadline
NHTSA-2018-0092 Pilot Program for Collaborative Research on Motor Vehicles with High or Full Driving Automation"NHTSA is seeking public comment on matters related to the near-term and long-term challenges of Automated Driving Systems (ADS) testing, development and eventual deployment. ADS testing and development are already underway in several areas of the United States. As technology evolves and in anticipation of requests to test and further develop high and full ADS, including those in vehicles without traditional controls necessary for a human driver, NHTSA is issuing this ANPRM to obtain public comments on the factors and structure that are appropriate for the Agency to consider in designing a national pilot program that will enable it to facilitate, monitor and learn from the testing and development of the emerging advanced vehicle safety technologies and to assure the safety of those activities. The Agency seeks these comments from interested stakeholders, including State and local authorities, companies, researchers, safety advocates and other experts interested in, engaged in or planning to become engaged in the design, development, testing, and deployment of motor vehicles with high and full driving automation. The Agency also seeks comments from road users, including vehicle drivers and passengers, cyclists and pedestrians. More specifically, NHTSA requests comments on the following topics related to ADS safety research. First, NHTSA seeks comments on potential factors that should be considered in designing a pilot program for the safe on-road testing and deployment of vehicles with high and full driving automation and associated equipment. Second, the Agency seeks comments on the use of existing statutory provisions and regulations to allow for the implementation of such a pilot program. Third, the Agency seeks comment on any additional elements of regulatory relief (e.g., exceptions, exemptions, or other potential measures) that might be needed to facilitate the efforts to participate in the pilot program and conduct on-road research and testing involving these vehicles, especially those that lack controls for human drivers and thus may not comply with all existing safety standards. Fourth, with respect to the granting of exemptions to enable companies to participate in such a program, the Agency seeks comments on the nature of the safety and any other analyses that it should perform in assessing the merits of individual exemption petitions and on the types of terms and conditions it should consider attaching to exemptions to protect public safety and facilitate the Agency’s monitoring and learning from the testing and deployment, while preserving the freedom to innovate. By developing a robust record of the answers to these important questions, NHTSA expects to learn more about the progress of ADS and the ways in which the Agency can facilitate safe and efficient ADS testing and deployment for the benefit of individual consumers and the traveling public as a whole."11/26/2018

 

 

Other
Docket No.TitleSummaryDeadline
DOT-OST-2018-0149 Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0)The Office of the Secretary of Transportation (OST) invites public comment on the document, Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0). This document builds upon Automated Driving Systems 2.0: A Vision for Safety and expands the scope to provide a framework and multimodal approach to the safe integration of AVs into the Nation’s broader surface transportation system. This document will necessarily evolve over time, changing based on public comment, the experience of the Department, manufacturers, suppliers, consumers, and others, and further technological innovation. The Department intends to revise and refine its approach to automation, as needed, to reflect such public input, experience, and innovation, and will address significant comments received in the next revision of this document. 12/31/2018
DOT-OST-2018-0150 Scope of the Study on the Impact of Automated Vehicle Technologies on Workforce"Scope of the Study on the Impact of Automated Vehicle Technologies on Workforce OST is announcing a request for information to solicit comment and feedback on the scope of the congressionally-required comprehensive analysis of the impact of automated vehicle technologies on workforce. This study will be conducted by DOT in consultation with the Department of Labor to provide a comprehensive analysis of the impact of [Advanced Driver Assist Systems] ADAS and [Highly Automated Vehicles] HAV technologies on drivers and operators of commercial motor vehicle, including the potential for any labor displacement. DOT will also coordinate this initiative with the U.S. Departments of Commerce and U.S. Department of Health and Human Services. Each component of the study will engage the relevant interested and affected stakeholders such as industry representatives, driver and operator groups, and workforce training providers to ensure input from across the diverse commercial and non-commercial driver industry. While it may not be feasible to precisely predict the exact capabilities or timing of new automated vehicles technologies entering the marketplace, this study may construct statistical models, use-cases, and scenarios based projections based on the best available data on market forecasts, industry trends, and relevant labor markets to evaluate different technology penetration scenarios and their potential effects on the workforce and related factors. The objectives of the request for comments on the comprehensive analysis of the impact of automated vehicle technologies on workforce are to obtain feedback into the scope of the study regarding the magnitude of the potential pace of transition in the transportation workforce and how other sectors of the workforce will adapt to the quality of life effects due to automation. The study will also examine training availability and what will be required to transition the traditional commercial driver into the new environment including transit bus automation. Finally, the study will analyze the issues of driver situational awareness in vehicles which may require operator re-engagement, the safety of truck platooning, and related traffic management." 12/31/2018
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