FMCSA Regulatory and Legislative Update Joint Meeting PennAg Transportation Committee & PennAg Feed, Grain & Allied Industry Council April 12, 2016
FMCSA Regulatory and
Legislative Update Joint Meeting
PennAg Transportation
Committee
&
PennAg Feed, Grain & Allied
Industry Council
April 12, 2016
Agenda
• FAST ACT
–Changes to Grant Program
–New Entrant Program
• Pending Regulations
• Proposed Regulations
Fixing America’s Surface Transportation
FAST Act
Enacted on December 4, 2015 (PL114-94)
5-Year bill sets FMCSA authorization funding levels
through FY 2020.
MCSAP grant programs will be restructured beginning in
FY 2017 along with an increase in MCSAP funding.
Operating expense authorization levels slightly increased
through FY 2020.
Significant number of Agency mandates: ‾ Rulemakings (20)
‾ Working Groups (5)
‾ Research Studies (4)
‾ Reports to Congress (14)
‾ Program Changes
FAST Act – Rulemakings (Omnibus)
HOS Exemptions
5206(b)(1) - Applications (construction, bees, livestock)
5507 - Electronic Logging Device Requirements (RV’s)
5519 - Operators of High Rail Vehicles
5521 - Ready Mix Concrete Vehicles
5522 - Transportation of Construction Materials and Equipment
Other Exemption Issues
5206(a) - Applications (up to 5 years for new exemptions)
5524 - Pipeline Welding Truck Exemptions
7208 - Hazardous Materials Endorsement (farmers exempt)
Grants Issues
5101(a) - Grants to States (eligibility and other issues)
5107(a) - Maintenance of Effort Calculation
5518 - Covered Farm Vehicles (“no funding withholding” issue)
FAST Act – Rulemakings (Stand Alone)
5401(a) - Opportunities for Veteran
One year transition period and duty station accommodation
5401(c) - Opportunities for Veterans
Military CDL reciprocity
5301 - Windshield Technology
5205 - Inspector Standards
5403 - Medical Certification of Veterans
VA doctors on National Registry
5106(b) - New MCSAP Allocation
5107(c) - New Maintenance of Effort Calculation
5501(b) - Delays in Goods Movement
Collect data on driver delays at shippers
5402 (a) - Drug Free Commercial Drivers
Hair testing allowed for pre-employment and random testing
FAST Act – Other Program Changes
Regulatory Guidance/Enforcement Policy “clean-up”
Reissue all regulatory interpretations by 12/4/2016
Incorporate into regulations within 5 years or reissue
New procedures for regulatory guidance/petitions
Public websites
All current HOS exemptions are good for 5 years
Drafting revised exemption notices
Finish statutorily required rules before new ones
MAP-21 rules remaining
New requirements for Regulatory Impacts Analyses
Industry segment assessments
Small business impacts
ANPRM or Negotiated Rulemaking
FAST Act – Work Groups
5404(d) - FMCSA will convene a working group that consists of
representatives of the armed forces, industry, drivers, safety advocates,
and State licensing and enforcement officials to evaluate the military
commercial driver pilot.
5503(a) - Working group comprised of individuals with expertise in
consumer affairs, educators, and representatives of the household goods
industry will develop recommendations on revising FMCSA household
goods consumer publications.
5106(a)(1) Working group will evaluate the MCSAP allocation formula.
5225(a) - Motor Carrier Safety Advisory Committee (MCSAC) will
review the treatment of preventable crashes under the Safety
Measurement System.
5306(a) - FMCSA will convene a working group with representatives
from industry, labor, safety advocates, and other interested parties to
review the data elements of post-accident reports for tow-away
accidents involving commercial motor vehicles that are reported to the
Federal government.
New Entrant Program
New Entrant merged into MCSAP
FAST Act – Research Studies
FMCSA Studies
5221(a) - Compliance, Safety, Accountability study.
5304(a) - New Entrant Safety Review program assessment.
5404(a) - Military commercial driver pilot program
studying select military drivers between 18-21 years of
age.
5515(a) - Commercial motor vehicle driver commuting study.
Other Studies
GAO will conduct a study of FMCSA’s IT Systems
The Department of Transportation’s OIG will conduct a study
on driver detention times.
The Federal Highway Administration (FHWA) and the
National Highway Traffic Safety Administration (NHTSA)
will conduct a study on the safety of double-decker buses.
FAST Act – Reports to Congress
5221(c) - Correlation Study Findings (CSA & SMS)
5221(d) - Correlation Study Corrective Action Plan
5222(g) - Beyond Compliance (Participation and Safety Impacts)
5225(c) - Accident Review (FMCSA treatment of preventable crashes)
5304(b) - New Entrant Safety Review Program
5307 - Implementing Safety Requirements (Statutorily Required Rulemakings)
5404(e) - Commercial Driver Pilot Program (18-21 year old military drivers)
5503(d) - Household Goods Consumer Protection Work Group
5505 - Notification Regarding Motor Carrier Registration
5506 - Commercial Driver’s License Skills Test Delays
5509(b)(4) - Minimum Financial Responsibility
5513 - Design and Implementation of Wireless Roadside Inspection System Report
5515(b) - Commercial Motor Vehicle Driver Commuting Report
5525 - Safety and Enforcement Impacts Report (exemptions granted by Act)
FAST Act - Veteran Driver Provisions
FMCSA’s commitment to serving our veterans and assisting efforts to
attract and retain skilled commercial motor vehicle (CMV) drivers is
bolstered by several FAST Act provisions.
FMCSA rules will provide military personnel with a time extension to
apply for a skills test waiver and also permit active duty military personnel
to apply and be tested for their CLP/CDL in the State where they are
stationed. Another rule will establish a “reciprocal agreement” to exchange
a military issued CDL for SDLA issued CDL.
FMCSA will establish a process that allows veteran operators to obtain
their DOT medical certification exams from their Department of Veterans
Affairs physician.
The CMV Operator Safety Training grant program will provide grant funds
to commercial driver training schools that train veterans to transition into
civilian motor carrier careers.
Younger driver pilot program will allow select military personnel between
18-21 years of age to operate a commercial motor vehicle in interstate
commerce.
Agenda
• FAST ACT
–Changes to Grant Program
–New Entrant Program
• Current/Pending Regulations
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National Registry of Certified Medical Examiners
May 21, 2014 – Compliance Date:
– All medical certificates issued on or after compliance date must
be issued by certified examiners on the National Registry
Medical Examiners must:
– Be licensed, certified, or registered in accordance with
applicable State laws to perform physical examinations
– Complete training meeting core curriculum requirements
– Pass the medical examiner certification test administered by a
testing organization that meets FMCSA requirements
– Complete refresher training every 5 years
– Complete recertification testing every 10 years
– Submit monthly reports to FMCSA
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
o 8,282,711 drivers received medical certificates (96.7%)
2-year medical cards
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
o 8,282,711 drivers received medical certificates (96.7%)
2-year medical cards 5,043,107 (60.9%)
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
o 8,282,711 drivers received medical certificates (96.7%)
2-year medical cards 5,043,107 (60.9%)
1-year medical cards
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
o 8,282,711 drivers received medical certificates (96.7%)
2-year medical cards 5,043,107 (60.9%)
1-year medical cards 2,654,873 (32.0%)
National Registry Statistics May, 21 2014 – February 1, 2016
46,000 certified medical examiners
8,567,502 medical examinations conducted
o 8,282,711 drivers received medical certificates (96.7%)
2-year medical cards 5,043,107 (60.9%)
1-year medical cards 2,654,873 (32.0%)
3-month medical cards 454,614 (5.5%)
< 3-month medical cards 130,117 (1.6%)
o 212,443 drivers were temporarily disqualified (2.5%)
o 70,279 drivers were medically unqualified (0.8%)
MEDICAL DOWNGRADES
CDL’s will be downgraded immediately upon expiration date of medical and a non-commercial license will be mailed
Drivers receive 90 day, 30 day, and final notices regarding downgrade
To be reinstated – drivers must provide a current medical and a copy of their CDL prior to downgrade
Can also change their self certification to excepted and provide copy of CDL
If medical lapsed, driver pays a duplicate fee
If an error was made, drivers should go to DLC and they will be reinstated at that time with no charge
PENNDOT will reinstate other drivers as long as they have not renewed their downgraded license (60 day guideline no longer applies)
Downgrade does not show up on CDLIS as a conviction or withdrawal, however, the medical certification will show “not certified” and the expiration date of the most recent medical will be shown.
National Registry II
April 23, 2015 – Medical Examiner’s Certification
Integration final rule published:
– Require medical examiners to submit medical certificates
to FMCSA on a daily basis for each driver they examine
– FMCSA will transmit the medical certificates to the State
driver licensing agencies for CDL holders
– State driver licensing agencies will be able to download
the medical certificates from Registry for CDL holders
and CDL applicants
Rule will decrease the risk of false medical cards
December 22, 2015 – New medical forms available
June 22, 2018 – Compliance Date
Coercion of CMV Drivers Prohibition
November 30, 2015 - Final Rule published
Prohibits motor carriers, shippers, receivers, or
transportation intermediaries from coercing drivers
to operate CMVs in violation of safety regulations
Includes procedures for drivers to report incidents of
coercion to FMCSA
Establishes rules of practice the Agency will follow
in response to reports of coercion, and describes
penalties that may be imposed on entities found to
have coerced drivers
January 29, 2016 - Effective Date
File a Complaint
Drug & Alcohol Clearinghouse
Reporting: – Employers/Service Agents must report positive tests & refusals
– Employers must report actual knowledge of DUIs
– Labs must report annual summary of activity
Searching: – Employers check pre-employment and annually for all drivers
– State Driver License Agencies check before issuing CDL
– NTSB access during crash investigation
Retention: – 3 to 5 years in proposal – asked for comments in NPRM
– Record removed at end of 3/5 years if return-to-duty completed
– Record retained indefinitely if return-to-duty not completed
Final Rule at OST for review – then to OMB
Expect publication in June 2016
Agenda
• FAST ACT
–Changes to Grant Program
–New Entrant Program
• Pending Regulations
• Proposed Regulations
Current through 2/1/2012 25
Safety Fitness Determination
Revised methodology would determine when a
motor carrier is “unfit” and provide the Agency
with the ability to issue proposed ratings based on:
– The carrier’s safety performance in relation to the
Behavioral Analysis and Safety Improvement Categories
(BASICs);
– An investigation; or 1 9 8 2
– A combination of safety performance and investigation
information.
NPRM published January 21, 2016
Public comments due by March 21,2016
May extend comment period 60 days
Safety Fitness Determination
Only one fitness determination proposed – Unfit
If carrier not Unfit – company may continue to operate
Crash Data – preventability review still required
Differences between SMS and SFD:
– Intervention thresholds in SMS – much lower than SFD
thresholds.
– SMS only needs 3 or 5 inspections to score – SFD would
require 11+ inspections with violations on each inspection.
– SMS is based on percentiles – SFD would be based on
absolute performance measures.
– SMS scores can be impacted by other carriers – SFD would
only be impacted by a carrier’s own inspection results.
On-Road Safety Data - BASICs
Absolute failure standard would be specified in the
rule, equivalent to the following percentiles:
– Hours of Service Compliance – 96th percentile
– Unsafe Driving – 96th percentile
– Vehicle Maintenance – 99th percentile
– Driver Fitness – 99th percentile
– Hazardous Materials Compliance – 99th percentile
– Controlled Substances/Alcohol – Investigations only
– Crash Indicator – Investigations only
Entry-Level Driver Training
NPRM Published – March 4, 2016
ELDTAC
Entry-Level Driver Training Advisory Committee (ELDTAC) conducted six 2-day meetings (February-May 2015)
ELDTAC composed of FMCSA and 25 industry stakeholders
Group reached consensus “framework” on May 29, 2015 for a new ELDT proposed rule
NPRM developed based on ELDTAC consensus agreement and Agency’s current statutory authority
30
ELDTAC PARTICIPANTS Advocates
AAMVA
American Bus Association
Paraprofessional & School
Related Pers., AFL-CIO
Amalg. Transit Union
ATA
CRASH
CVSA
CVTA
Great West Casualty
Greyhound Lines, Inc.
IBT (Teamsters)
FMCSA
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• Massachusetts DOT
• NAPFTDS
• Natl. Assn. Small Truck Cos.
• NASDPTS
• Natl. School Transport. Assn.
• OOIDA
• PTDI
• Stevens Transport
• Spoon Trucking
• TCA
• Truck Safety Coalition
• United Motorcoach Assn.
• Women in Trucking
ELDT NPRM Basic “framework” of new proposal:
Who is subject to the proposed rule;
Curricula for Class A/B CDLs and Hazardous Materials (H); Passenger (P); and School Bus (S) endorsements; and
Proposed rule establishes a Registry and criteria for training providers to be listed – Training Provider Registry (TPR)
32
WHO IS SUBJECT TO RULEMAKING
• A person who must complete the Commercial Driver’s License (CDL) knowledge and/or skills test requirements prior to:
• (1) receiving the initial Class A or Class B CDL or having a CDL reinstated;
• (2) upgrading a Class B or Class C CDL; or
• (3) obtaining an H, P or S endorsement on CDL.
• Definition does not include individuals for whom States have the discretion to waive the CDL skills test under 49 CFR 383, such as military veterans
33
WHO IS SUBJECT TO RULEMAKING
Applies to individuals who obtain the Commercial Learner’s Permit (CLP) on or after the compliance date
Any CLP holder who fails to obtain the CDL within 360 days after obtaining a CLP will be required to complete a full ELDT course following application for a new CLP
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CURRICULA • Six (6) separate curricula proposed:
-- Class A CDL;
-- Class B CDL;
-- Passenger (P) endorsement;
-- Hazardous Materials (H) endorsement;
-- School Bus (S) endorsement; and
-- Refresher training (R) restriction
• School Bus endorsement and Refresher training not mandated in MAP-21
35
CURRICULA
Core curricula for Class A/B CDL training programs (and endorsement and refresher training) include:
(a) theory; and
(b) behind-the-wheel (BTW) instruction, with BTW occurring both on a “range” and a public road.
Theory training – no minimum hours proposed; however, all curriculum topics must be covered and assessed.
36
CURRICULA
Class A CDL trainees required to receive a minimum of 30 hours BTW training with a minimum of 10 hours spent on a “range” and either
1) 10 hours public road; or
2) 10 road trips (no less than 50 minutes each)
3) Remaining 10 hours may be split between road and range
Class B CDL trainees required to receive a minimum of 15 hours of BTW (range/road) – minimum of 7 hours of public road driving
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TRAINING PROVIDER REGISTRY
To be placed on FMCSA’s Training Provider Registry (TPR) a person or institution must:
Meet the applicable Eligibility Requirements;
Complete and submit (online) a Training Provider Identification Report; and
Affirm under penalties of perjury that they will teach the prescribed curriculum appropriate for that license or endorsement and that they meet the eligibility requirements.
38
TRAINING PROVIDER REGISTRY
Training Provider requirements are divided into two categories:
-- providers that train, or expect to train, more than three drivers per year; and
-- providers that train, or expect to train, three or fewer drivers per year
Rulemaking allows small businesses to continue to train drivers with minimal additional burden
Rulemaking is crafted to not unduly burden small business
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TRAINING PROVIDERS
Theory and BTW training may be delivered by separate providers
Both of these types of training providers must be listed on the Agency’s TPR
Both would submit training certificates (i.e., proof of training) to FMCSA
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COMPLIANCE DATE
The proposed compliance date is three (3) years from the effective date of the final rule
Schedule:
NPRM (2016);
Final Rule (2017);
Compliance Date (2019-20)
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Focus on the Driver
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Focus on the Driver
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