Monday, January 14, 2013

Revised FMCSA Rulemaking Agenda

A number of updates to Federal Motor Carrier Safety Administration (FMCSA) mandates were anticipated to take affect in 2012, 2013, and 2014. The FMCSA has now announced that the estimated publication dates for some of these rules have been postponed. The agency’s estimated publication dates are now as follows:

Electronic On-Board Recorders.
Supplemental notice of proposed rulemaking now expected June 28, 2013. Final rule on mandating electronic logging devices most likely will not be published until mid-2014. With an expected two-year phase in, electronic recorders will likely not be required for all carriers operating in interstate commerce until mid 2016.

Carrier Safety Fitness Standards.
A notice of proposed rulemaking to replace the current safety fitness ratings system is now expected November 25, 2013. This rulemaking was withdrawn from review two years ago when issues arose with the agency’s Compliance, Safety, Accountability program; CSA scores are expected to form the basis of a carrier’s safety fitness rating under the new rulemaking. The FMCSA has now established a subcommittee of its Motor Carrier Safety Advisory Committee to review CSA and make recommendations on how to improve the enforcement program.

Unified Registration System.
A final rule to establish a new Unified Registration System to replace four legacy systems in support of FMCSA´s safety and commercial oversight responsibilities is now anticipated for April 25, 2013. It would require motor carriers, brokers, freight forwarders, and others required to register with DOT to comply with a new URS registration and biennial update requirement, disclose the cumulative registration information collected by URS, and provide a crossreference to all regulatory requirements necessary to obtain permanent registration.

CDL Drug and Alcohol Clearinghouse.
A proposed rule is now expected to be published on April 2, 2013 to establish an online clearinghouse of information on CDL drivers who have failed a DOT-required drug or alcohol test or refused to submit to testing. The data would be available to carriers seeking to hire drivers.

Diabetes Standard.
A proposed rule to establish driver qualification standards relating to insulin-dependent diabetes is now expected to be published November 6, 2013. These standards would replace the current requirement for a driver with diabetes to obtain a waiver of the qualification requirements in order to drive a CMV.

Entry-Level Driver Training.
The FMCSA has still not set out any deadline for publishing a final rule on minimum training standards for drivers to obtain a new or upgraded CDL. A draft rule has been withdrawn by FMCSA because the agency could not validate the hours and curriculum requirements and therefore could not justify the rule on a cost-benefit basis. The Motor Carrier Safety Advisory Committee has also been asked to review and provide recommendations on this program. (Information provided by the National Private Truck Council NPTC).

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