May 2021 Significant Rulemaking Report
Roadcheck might be behind us, but inspection season is just beginning. Next up is Safe Driver Week, which is scheduled for July 11-17 with a focus on speeding. This was chosen by the CVSA after an uptick in speeding-related fatalities last year during the pandemic. Deaths due to speeding were up 24 percent, even though miles driven were down 13 percent.
Later this summer the CVSA will hold Brake Safety Week, as well as an unannounced Brake Safety Day, which could be held at any point this year.
What else is going on in the FMCSA? Here’s a current rundown of pending regulations that are currently under review:
| FMCSA Rule | Summary | Status |
|---|---|---|
| Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border | The international agreement would change regulations that govern applications and would require additional information on the applicant’s business and operating practices. | Undetermined. Delays attributed to unanticipated issues requiring further analysis. |
| MAP-21 Enhancements and Other Updates to the Unified Registration System | Would implement several provisions of MAP-21 as they relate to the Unified Registration System. Would update and codify the agency’s procedures for granting, suspending, and revoking registration. The intent is to allow for greater uniformity, transparency, efficiency and predictability in those processes, according to the FMCSA. | Undetermined. An NPRM was published on September 20, with comments accepted through November 22 |
| Consumer Complaint Information | Would require carriers of household goods to submit quarterly reports of complaints received. | Undetermined. Delays attributed to lack of resources and lack of staffing. |
| Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers | Would increase minimum insurance requirements for freight and passenger motor carriers. | ANPRM. The FMCSA accepted comments through last fall on several key regulatory issues related to this rule. |
| New Entrant Safety Assurance Process | Would improve methods to ensure new applicant carriers are knowledgeable about safety requirements. | Undetermined. Delays attributed to additional coordination needs. |
| Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States | This international agreement would implement a system to evaluate the safety fitness of Mexico-domiciled carriers within 18 months of being granted authority to operate in the U.S. Would also establish suspension and revocation procedures. | Undetermined. Delays attributed to unanticipated issues requiring further analysis |
| Heavy Vehicle Speed Limiters | This rule would require the installation of speed limiting devices on heavy trucks. | NPRM was published on 9/7/16 and ended on 11/7/16. |
| Amendments to Motor Carrier Safety Assistance Program | Proposes amendments to address changes in the Agency’s grant programs resulting from Fixing America’s Surface Transportation (FAST) Act. | NPRM. This rule has seen delays because it’s awaiting the development of additional data. |
| Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles | The FMCSA has requested public comment about the current Federal Motor Carrier Safety Regulations (FMCSRs) and whether they’ll need to be updated, modified or eliminated to make the safe introduction of automated driving systems on our nation’s roadways easier. | ANPRM was published in late May with comments accepted through the end of August. |
| Hours of Service of Drivers of Commercial Motor Vehicles; Transportation of Agricultural Commodities | In an effort to create a clearer definition of the term “Agricultural commodity,” the FMCSA is seeking public comment and data on the issue. | ANPRM. Comments were open through September 27. |
| Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of CDL | The FMCSA is proposing that all State Driver’s Licensing Agencies remove commercial driving privileges from anyone who violates the current drug or alcohol regulations. Privileges would not be reinstated until the return-to-duty process is complete. | NPRM. No further information is available. |
Content Disclaimer: Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein or presented. NorthAmerican Transportation Association (NTA) cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained. NTA shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present. It is made available with the understanding that NTA is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of such a professional should be sought.
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