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 Safe Integration of Automated Driving Systems-Equipped Commercial Motor VehiclesFMCSA requests public comment about Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be amended, revised, or eliminated to facilitate the safe introduction of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) onto our Nation's roadways. In approaching the task of adapting its regulations to accommodate automated vehicle technologies, FMCSA is considering changes to its rules to account for significant differences between human operators and ADS. 8/26/2019
FMCSA-2019-0054 Request for Information: Concerning Commercial Motor Vehicle Driver Detention Times During Loading and UnloadingFMCSA requests information on existing or potential sources of data to better understand driver detention times during the loading and unloading of CMVs and the potential impact of such delays on roadway safety. A recent study by the U.S. Department of Transportation’s Office of Inspector General found that better data are needed to fully understand the issues associated with driver detention. 9/9/2019
FMCSA-2019-0139 Entry-Level Driver Training: United Parcel Service, Inc. (UPS); Application for ExemptionFMCSA announces that it has received an application for exemption from United Parcel Service, Inc. (UPS) from two provisions in the entry-level driver training (ELDT) final rule published on December 8, 2016. These provisions are the following: 1) the requirement that a driver training instructor have two years’ experience and have held a Commercial Driver’s License (CDL) for two years as set forth in the definitions of behind-the-wheel (BTW) instructor and theory instructor; and 2) the requirement to register each training location for a unique Training Provider Registry (TPR) number. FMCSA requests public comment on the applicant’s request for exemption. 7/19/2019
FMCSA-2019-0093 Hours of Service of Drivers: Turfgrass Producers International; Application for Exemption FMCSA has received an application from Turfgrass Producers International (TPI) asking the agency to extend the hours-of-service (HOS) exemption for agricultural operations to drivers transporting turfgrass sod for its business operations. FMCSA requests public comment on TPI’s application for exemption. 7/19/2019
FMCSA-2019-0108 Renewal and Revision of an Approved Information Collection: Commercial Driver's License Drug and Alcohol ClearinghouseThe FMCSA requests to renew an ICR titled, “Commercial Driver's License Drug and Alcohol Clearinghouse.” The Agency's final rule, published December 5, 2016, titled “Commercial Driver's License Drug and Alcohol Clearinghouse” (81 FR 87686) (Clearinghouse) established the regulatory requirements for the Clearinghouse. The compliance date of the final rule is January 6, 2020. Since the original ICR was approved, no data has yet been collected. With the upcoming compliance date, this ICR is needed to ensure that querying and reporting requirements are met to diminish the problem of CDL and CLP holders who test positive for drugs or alcohol and then continue to perform safety sensitive functions, including driving a CMV, without participating in the required return-to-duty process. 8/19/2019
FMCSA-2019-0157 Agency Information Collection Activities; Revision of an Approved Information Collection: Training Certification for Entry-Level Commercial Motor Vehicle OperatorsFMCSA requests approval to revise an ICR titled “Training Certification for Entry-Level Commercial Motor Vehicle Operators,” which will now be used to register providers of entry-level driver training and to provide State Drivers’ Licensing Agencies with information on individuals who have completed said training. If approved, this revision would obviate the need for FMCSA to seek renewal on the ICR. 9/3/2019
FMCSA-2019-0081 Certification for Conducting Driver or Vehicle Inspections, Safety Audits, or InvestigationsFMCSA proposes to incorporate by reference the current policy and practices for FMCSA employees, State or local government employees, and contractors to obtain and maintain certifications for conducting driver or vehicle inspections, safety audits, or investigations. The Fixing America's Surface Transportation Act (FAST Act) requires FMCSA to incorporate by reference in its regulations the Commercial Vehicle Safety Alliance's (CVSA) “Operational Policy 4: Inspector Training and Certification.” The CVSA policy is currently Attachment A to FMCSA's “Certification Policy for Employees Who Perform Inspections, Investigations, and Safety Audits.” This proposed rule, if adopted, also would replace an interim final rule (IFR) in place since 2002 that referenced the certification procedures published on the FMCSA website. FMCSA proposes to replace selected provisions of the IFR by incorporating by reference the FMCSA policy. No changes would be made to the certification policy or procedures currently followed by individuals to obtain and maintain certification to conduct driver or vehicle inspections, safety audits, or investigations. Other provisions of the IFR would be republished without change. 9/6/2019
FMCSA-2018-0292 Third Party Commercial Driver's License TestersFMCSA proposes to allow States to permit a third party skills test examiner to administer the Commercial Driver’s License (CDL) skills test to applicants to whom the examiner has also provided skills training. Under this proposal, States would have the option to permit this practice, which is currently prohibited under FMCSA rules. The Agency believes that allowing States to permit this practice could alleviate CDL skill testing delays and reduce inconvenience and cost for third party testers and CDL applicants, without negatively impacting safety. 9/9/2019
FMCSA-2007-27748 Partial Extension of Compliance Date for Entry-Level Driver TrainingFMCSA proposes to amend its December 8, 2016, final rule, “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (ELDT final rule), by extending the compliance date for two provisions from the rule. The date for training providers to upload entry-level driver training (ELDT) certification information into the Training Provider Registry (TPR) and for State Driver Licensing Agencies (SDLAs) to receive driver-specific ELDT information would be extended from February 7, 2020, to February 7, 2022. This action would provide FMCSA additional time to complete development of the electronic interface that will receive and store ELDT certification information from training providers and transmit that information to the SDLAs. The proposed extension would also provide SDLAs with sufficient time to modify their information technology (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR. 8/19/2019


National Highway Traffic Safety Administration
Docket No.TitleSummaryDeadline
NHTSA-2019-0037 Agency Information Collection Activities; Notice and Request for Comment; Driver Interactions With Advanced Driver Assistance TechnologiesNHTSA announces our intention to request the Office of Management and Budget's (OMB) approval of a proposed collection of certain information by the Agency. The proposed collection of information supports research addressing safety-related aspects of driver interactions with certain advanced driver assistance technologies. NHTSA proposes to perform research involving the collection of information from the public as part of a multi-year effort to learn about drivers' use of and behavior in interacting with certain advanced driver assistance technologies. The research will involve on-road, semi-naturalistic driving experimentation in which participants who are members of the general public will drive government-owned instrumented production vehicles equipped with driver assistance technologies. Participants will include both drivers with and drivers without experience with advanced cruise control and lane keeping assistance technologies. Experienced drivers will be ones who own one of the two vehicle models equipped with advanced cruise control and lane keeping assistance features being used in this research. Participants will engage driver assistance technologies, including advanced cruise control and lane keeping assistance, while driving a specified route traversing public highways. Participants' actions to engage the assistance features and responses to unrequested disengagements will be observed and recorded. Questions will be asked during the course of the research to assess individuals' suitability for study participation, to obtain feedback regarding participants' use of the driver assistance technologies, and to gauge individuals' level of comfort with and confidence in the technologies' performance and safety.7/22/2019
NHTSA Removing Regulatory Barriers for Vehicles with Automated Driving SystemsNHTSA is seeking public comment on the near- and long-term challenges of testing and verifying compliance with existing crash avoidance (100-series) Federal Motor Vehicle Safety Standards (FMVSSs) for Automated Driving System-Dedicated Vehicles (ADSDVs) that lack traditional manual controls necessary for a human driver to maneuver the vehicle and other features intended to facilitate operation of a vehicle by a human driver, but that are otherwise traditional vehicles with typical seating configurations. This document seeks comments on the suitability of various approaches that could be used to address compliance verification challenges that exist for crash avoidance standards that either require a manual control; or specify the use of manual controls in a compliance test procedure. NHTSA’s long-term goal is to use what the agency learns from this ANPRM, as well as the agency’s other research efforts, to develop a proposal to amend the crash avoidance FMVSSs in ways that address these and other compliance challenges with a continued focus on safety. This ANPRM builds on NHTSA’s efforts to identify and address regulatory barriers to ADS technologies, including the request for comments (RFC) on this topic in January 2018. NHTSA intends to issue two additional documents to remove barriers in the crashworthiness FMVSSs (200-series standards) and address issues in the FMVSSs pertaining to telltales, indicators, and warnings in ADS-DVs.7/29/2019
NHTSA-2019-0055 Federal Motor Vehicle Safety Standards; Compressed Natural Gas Fuel Container IntegrityIn response to petitions for rulemaking from the ATA and the Natural Gas Vehicles for America (NGVAmerica), NHTSA is proposing to amend the visual inspection labeling requirement in FMVSS No. 304, “Compressed natural gas fuel container integrity,” to state that CNG fuel containers used on heavy vehicles should be inspected at least once every 12 months. NHTSA is proposing this change because CNG heavy vehicles are typically used in high-mileage commercial fleet operations and following the current mileage-based inspection interval on the label means conducting multiple visual inspections per year. NHTSA has tentatively concluded multiple visual inspections per year based solely on mileage would not improve vehicle safety for these high-mileage CNG heavy vehicles, and could potentially reduce safety. Because the current periodic visual inspection interval is intended for light vehicles and is consistent with the operation of these vehicles, no change is proposed to the periodic visual inspection interval for CNG fuel containers on light vehicles. 8/20/2019



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