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Federal Motor Carrier Safety Administration (FMCSA). Regulatory Update Motor Carrier Safety Advisory Committee April 8, 2013. Robert Miller Office Director Office of Policy, Strategic Planning, and Regulations. Reauthorization: MAP-21. Directs FMCSA to begin or complete:
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Federal Motor Carrier Safety Administration (FMCSA) Regulatory Update Motor Carrier Safety Advisory Committee April 8, 2013 Robert Miller Office Director Office of Policy, Strategic Planning, and Regulations Federal Motor Carrier Safety Administration
Reauthorization: MAP-21 Directs FMCSA to begin or complete: 29 new rulemaking requirements 34 programmatic changes 5 reports Rulemaking requirements include: Electronic logging devices (ELDs) Driver drug/alcohol clearinghouse Standards for system to notify employers of changes in employee driving status Registration requirements to help catch reincarnated carriers Written exam for new entrants before entering the industry Federal Motor Carrier Safety Administration
Published Rulemakings • CY 2009 – 6 • CY 2010 – 17 • CY 2011 – 17 • CY 2012 – 16 • CY 2013 – ??
Active Rulemakings • Agriculture Exemptions (FR) • Guidance published in October 2012 • Final Rule published March 14, 2013 • Incorporated statutory language into regulations • CLP/CDL Testing Petitions (FR) • Final Rule published March 25, 2013 • Amended State requirements for background checks / document review • Allows for 3rd party testers to perform skills test with new examiner • Extended implementation date to July 8, 2015 • Unified Registration System (FR) • Currently at OMB for review • Merges IT systems and single form for registering with FMCSA • Creates a single number for each company • Drug & Alcohol Clearinghouse(FR) • Currently at OMB for review • Drivers that tested positive, refused test, or incomplete return to duty
Active Rulemakings • Bus Leasing (NPRM) • Currently at OMB for Review • Similar to truck leasing requirements • National Registry 2 (NPRM) • Expected to be published in Summer 2013 • Transfer Medical Examiner Certificate to State Driver Licensing Agency • Final piece of Med-Cert rule process • Gross Combination Weight Rating (NPRM) • Expected to be published in Summer 2013 • Codifies guidance that has been in place since early 1990’s • Uniform enforcement when GCWR is not on manufacturers certificate • Patterns of Safety Violations (FR) • Expected to be published in the Fall 2013 • Tracks company management to mitigate reincarnated carriers
Active Rulemakings • Self Reporting of Out-of-State Convictions (FR) • Expected to be published in Summer 2013 • Eliminates requirement for drivers to report convictions • Driver Vehicle Inspection Reports (NPRM) • Expected to be published in Fall 2013 • Will eliminate requirement for “no-defect” DVIR • Significant paperwork reduction • Railroad Grade Crossings (FR) • Expected to be published in Fall 2013 • Requires sufficient clearance when crossing tracks • MAP-21 Omnibus (FR) • Expected to be published in Fall 2013 • Implements statutory language “verbatim” • Addresses about 14 of the MAP-21 regulatory requirements
Active Rulemakings • Electronic Logging Devices/Supporting Docs (SNPRM) • Expected to be published in Fall 2013 • Addressing driver harassment issues • Addressing technical standards for ELDs • Coercion(NPRM) • Expected to be published in Fall 2013 • New requirement to consider when promulgating rules • Unified Registration System 2 (NPRM) • Expected to be published in by end of 2013 • Addresses vetting , reincarnated carriers, and operating authority fees • Safety Fitness Determination (NPRM) • Expected to be published in by end of 2013 • Important element of CSA implementation • Will replace current safety rating methodology
Active Rulemakings • Diabetes (NPRM) • Expected to be published in by end of 2013 • Significant PRA reduction • Eliminates current exemption program • Tank Vehicles (NPRM) • Expected to be published in by end of 2013 • Clarifying definition in §383 • Entry Level Driver Training • Two listening session held (NC in January & KY in March) • New MAP-21 requirements • Must address knowledge and skills for motor vehicle operation • Specific requirements for hazmat endorsements • Create a certificate system for meeting requirements • Require training providers to demonstrate that their training meets uniform federal standards
“Raising the Bar for Safety”FMCSA Federal Motor Carrier Safety Administration