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NPTC Washington Report 2016


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National Private Truck Council Washington Report 2016

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NPTC Washington Report 2016

  1. 1. NPTC’s Washington Report Legislative and Regulatory Update June 15, 2016 Presented by Rick Schweitzer, NPTC’s General Counsel
  2. 2. Topics for Discussion • SFD proposal; NPTC comments deadline; FMCSA statement to delay rule until study completed • HOS 34-hour restart study; legislative fix for restart • Meal and rest break preemption • Status of other FMCSA rulemakings
  3. 3. FAST Act CSA Provisions • Requires NAS to conduct 18 month study of CSA and SMS to analyze accuracy of BASICs in identifying high risk carriers and predicting future crash risk, severity • Review methodology used to calculate BASIC percentiles, weights assigned to violations, ties between crash risk and specific violations, use of non-fault crashes • Corrective Action Plan to be submitted to Congress 120 days after report; how will FMCSA address deficiencies • DOT IG to assess whether plan complies with February 2014 IG Report on CSA
  4. 4. FAST Act CSA/SFD Provisions • FMCSA may not make publicly available info on analysis of violations, non-fault crashes or BASIC percentiles until IG concerns are addressed • Also may not use CSA data on alerts or relative percentiles for safety fitness determinations until IG concerns are addressed and report to Congress completed, but may still use data to identify carriers for enforcement actions • As of Dec. 4, 2015, BASIC data for property carriers off CSA website; restored absolute scores March 7, 2016
  5. 5. Safety Fitness NPRM • On January 21 FMCSA published proposed rule to revise safety fitness rating determinations • Only one rating—”UNFIT”; all others considered fit • Monthly carrier assessments using absolute standards rather than percentile ratings against peers • Revised list of critical and acute regulations; violations would result in failing a BASIC • Will use all investigation results (including roadside), not just compliance reviews, to rate carriers
  6. 6. SFD NPRM • NPRM has different standards for failing a specific BASIC, based on correlation to crash risk • Crash, Drug/Alcohol BASICs will only use investigation data • Three ways to be declared unfit: – Fail two or more BASICs using roadside data (must have 11 or more inspections with violations over 24 months to fail a BASIC); – Fail two or more BASICs due to critical or acute violations identified during an investigation; or – Fail two or more BASICs based on combination of data from roadside and investigations
  7. 7. NPTC Comments • NPTC said proposal was premature due to FAST Act study and corrective action plan • House FY 2017 DOT appropriations bill would withhold funding for SFD rulemaking until CSA study is completed and DOT IG certifies that remedial steps in corrective action plan have been taken • Rep. Barletta (R-PA) and 35 other House members sent letter to FMCSA seeking delay in rulemaking until reforms are completed; FMCSA agreed to delay rulemaking • Senate support less certain
  8. 8. HOS 34-Hour Restart • DOT appropriations enacted for FY 2016 requires certification by DOT IG that restart changes show improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules before agency may revert to prior rules • But law removed statement that 34-hour restart would remain in place, just without once every 168 hrs. and 1:00 a.m.-5:00 a.m. requirements • FMCSA report to Congress has been drafted; once submitted, FMCSA would remove the HOS 34-hour restart entirely (revert back to 2003 HOS rules); all drivers would need to do rolling restart every 7 or 8 days to determine available on duty time
  9. 9. HOS Restart Fix • Senate DOT appropriations bill for FY 17 would place a cap on driving after total weekly on duty hours (73 hrs./week) in exchange for 34-hour restart without once every 168 hrs. and 1:00 a.m.-5:00 a.m. requirements • Approved by full Senate • House DOT appropriations bill contains similar language; reported out of House committee • Question of whether DOT appropriations bill will pass separately, or be part of omnibus appropriations bill
  10. 10. Meal and Rest Break Preemption • House appropriations bill would preempt state and local laws from prohibiting drivers whose hours of service are subject to federal regulation from “working to the full extent permitted or at such times as permitted” under those HOS regulations, “or imposing any additional obligations on motor carriers if such employees work to the full extent or at such times as permitted” under those regulations • Would preempt California and others from imposing additional meal or rest break requirements on drivers subject to the federal HOS requirements • Senate not likely to support this approcch
  11. 11. ELD Rule Court Challenge • OOIDA petitioned for review of electronic logging device in U.S. Court of Appeals • March 31 brief argues that final rule did not require ELDs to automatically record changes in duty status, as set out in statute; still requires manual insertion of duty status changes, like paper logs (would require an impossibility) • Also argues harassment, privacy issues • DOT responsive brief due June 15
  12. 12. Speed Limiters • Joint NHTSA/FMCSA proposal to affect all class 7 and 8 vehicles, new and used • In response to ATA/carrier petition to set limiters no higher than 65 mph • Most comments to NHTSA on petition in support of proposal • NPRM sent to OMB May 19, 2015; publication expected sometime this year
  13. 13. Entry-Level Driver Training • FMCSA completed negotiated rulemaking on driver training curriculum, hours of instruction, self-certification standards • NPRM published March 7, 2016 • Applicants for Class A CDL would be required to obtain a minimum of 30 hours of behind-the-wheel training from an instructional program that meets FMCSA standards, including a minimum of 10 hours of operating the vehicle on a practice driving range • Applicants for Class B CDL would be required to obtain a minimum of 15 hours of behind-the-wheel training, including a minimum of seven hours of practice range training.
  14. 14. ELDT NPRM Required course of instruction must be provided by an entity that: • Meets the minimum qualifications for training providers; • Covers the curriculum; • Is listed on FMCSA’s proposed Training Provider Registry; and • Submits electronically to FMCSA the training certificate for each individual who completes the training
  15. 15. Sleep Apnea ANPRM • Joint FMCSA/FRA ANPRM on March 10 seeking comments on possible highway and rail rulemakings; comment deadline now June 8 • Seeks data on prevalence of moderate-to-severe obstructive sleep apnea in personnel • Requests info on costs and benefits from regulatory actions that address associated safety risks, e.g., mandated evaluation and treatment for those with noted risk factors for OSA
  16. 16. Drug and Alcohol Clearinghouse • On-line clearinghouse of data on CDL drivers with positive drug or alcohol tests or refusals to take tests • Final rule sent to OMB May 20; publication expected in summer 2016 • Carriers would have to submit positive results and refusals to database • Eventually, FMCSA will eliminate inquiries to prior employers (perhaps after three years of data collected in clearinghouse)
  17. 17. Unified Registration System • Effective December 31, 2016, all hazmat private fleets must file evidence of insurance and all fleets must file agents for service of process with FMCSA (extension from October 23, 2015 deadline) • MCSA-1 form will be used for new and updated registration info as of Sept. 30, 2016; replaces MCS-150 • MC numbers will no longer be used by DOT; all carriers identified by USDOT number
  18. 18. Contact Info 1717 K Street, N.W. Suite 900 Washington, D.C. 20006 (202) 223-3040 Presented by Rick Schweitzer, NPTC’s General Counsel