What's Coming Down the Road

In 2012, President Barak Obama signed into law a new two-year surface transportation bill, Moving Ahead for Progress in the 21st Century (MAP-21). In its passing, MAP-21 mandated government agencies, such as the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, to study and publish new notices of proposed rulemakings (NPRM) involving key issues such as Prohibition of Coercion, Commercial Driver’s License Drug and Alcohol Clearinghouse, and Electronic Stability Control Systems for Heavy Vehicles.

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-2016-0428 Hours of Service: Electronic Logging Devices; Application for Exemption; Truck Renting and Leasing Association, Inc.FMCSA announces that TRALA has requested an exemption until December 31, 2018, from the ELD requirements for all drivers of property-carrying CMVs rented for 30 days or fewer. A waiver for the same purpose and group of drivers was issued to TRALA on January 19, 2018, and expires on April 19, 2018. TRALA states that the waiver period, which is limited to 90 days, is not sufficient to address the ELD problems that they and their short-term lessors are encountering. This request, if granted, would provide rental-vehicle owners, carriers, and drivers with additional time to develop compliance strategies for dealing with the unique issues relating to the use of ELDs in short-term rental vehicles. TRALA believes that the exemption, if granted, would not have any adverse impacts on operational safety, as drivers would continue to remain subject to the hours-of-service regulations as well as the requirements to maintain a paper record of duty status. FMCSA requests public comment on TRALA’s application for exemption. 4/12/2018
FMCSA Hours of Service of Drivers of Commercial Motor Vehicles: Electronic Logging Devices; Limited 90-Day Waiver for Transportation of Agricultural CommoditiesFMCSA grants a limited 90-day waiver from the Federal HOS regulations pertaining to ELDs for the transportation of agricultural commodities as defined in the FMCSRs. The Agency has determined that the waiver is in the public interest and will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The waiver provides the Agency additional time to complete its analysis of the public responses to its December 20, 2017, notice of proposed regulatory guidance to clarify the applicability of the “Agricultural commodity” exception to the hours-of-service regulations and issue final guidance which in turn, would have an impact on which drivers transporting agricultural commodities are required to use ELDs, and the public responses to its October 31, 2017, document announcing receipt of the NPPC’s application for an exemption from the ELD requirements and to issue a decision whether to grant NPPC’s request for longer-term relief from the ELD rule. The Agency has determined through its preliminary analysis of the public comments submitted to the public dockets that the issues raised by transporters of agricultural commodities are more complex than those raised by other segments of the industry seeking relief from the ELD requirements and that it is appropriate to take additional time to bring these matters to closure. 6/18/2018
FMCSA-2018-0037 Request for Comments Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Testing and Deployment of Automated Driving Systems-Equipped Commercial Motor Vehicles on Public RoadsFMCSA requests public comments on existing Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be updated, modified, or eliminated to facilitate the safe introduction of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) onto our Nation’s roadways. To assist in this undertaking, FMCSA commissioned the U.S. Department of Transportation’s John A. Volpe National Transportation Systems Center (Volpe) to conduct a preliminary review of the FMCSRs to identify regulations that may relate to the development and safe introduction of ADS. The Agency requests comments on this report, including whether any of FMCSA’s current safety regulations may hinder the testing and safe integration of ADS-equipped CMVs. Further, FMCSA requests comment on certain specific regulatory requirements that are likely to be affected by an increased integration of ADS equipped CMVs. However, the Agency is not seeking comments on its financial responsibility requirements because they are not directly related to CMV technologies and because future insurance requirements will depend in part on the evolution of State tort law with respect to liability for the operation of ADS-equipped vehicles. In addition, to support FMCSA’s effort to understand future impacts on the FMCSR’s, FMCSA requests information, including from companies engaged in the design, development, testing, and integration of ADS-equipped CMVs into the fleet. Specifically, the Agency requests information about: The scenarios and environments where entities expect that ADS will soon be tested and integrated into CMVs operating on public roads or in interstate commerce; the operational design domains (ODD) in which these systems are being operated or would be tested and eventually deployed; and, measures they believe are required to ensure the protection of any proprietary or confidential business information they intend to share with the Agency.5/10/2018
FMCSA-2018-0105 Hours of Service of Drivers: Application for Exemption; Wilcox Truck Line, Inc.FMCSA announces that Wilcox Truck Line, Inc. (Wilcox) has requested an exemption from the requirement that a motor carrier install and require each of its drivers to use an ELD to record the driver’s HOS. Wilcox has requested a 5-year exemption from ELD use when transporting loads in support of an Idaho National Laboratory (INL) program. INL has submitted a letter confirming that security regulations require these loads must be free from being electronically tracked, which requires disabling of the ELD. Wilcox believes that granting this exemption will provide an equivalent level of safety because of the strict oversight of this transportation by INL and other agencies. FMCSA requests public comment on Wilcox’s application for exemption.5/4/2018

 

 

 

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