Regulatory Updates – June 21, 2013

Update on Relevant Regulations

FMCSA Announces FY14 Funding Availability and Application Dates

In today’s Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) published anotice announcing FY 2014 safety grant opportunities and application due dates:

  • Motor Carrier Safety Assistance Program (MCSAP) Basic and Incentive grants – August 1, 2013
  • MCSAP New Entrant Safety Audit grants – August 26, 2013
  • MCSAP High Priority grants – September 9, 2013;
  • Border Enforcement Grants – August 12, 2013
  • Commercial Driver’s License Program Implementation (CDLPI) grants – January 13, 2014
  • Commercial Vehicle Information Systems and Networks (CVISN) grants – January 13, 2014
  • Safety Data Improvement Program (SaDIP) grants – January 21, 2014
  • Performance and Registration Information Systems Management (PRISM) grants – January 27, 2014
  • Commercial Motor Vehicle (CMV) Operator Safety Training grants – February 3, 2014.

ELD/EOBR & No-Defect DVIR Rules Moves Forward, URS Rule Stalls

According to the agency’s most recent Report on Significant Rulemakings, on June 7, FMCSA transmitted their proposed rulemaking on electronic logging devices (ELDs), previously referred to as EOBRs, to the Office of the Secretary for Approval. The agency anticipates that the Final Supplemental Notice of Proposed Rulemaking (NPRM) will be published this fall. Also on June 7, the agency’s NPRM removing the requirement that motor carriers submit a driver-vehicle Inspection Report (DVIR) when no defects were found has been sent from the Department of Transportation (DOT) to the Office of Management and Budget (OMB) for review. That rule is slated for publication on September 18. Meanwhile, the agency’s rule addressing changes made to the Unified Registration System (URS)  in MAP-21 has been delayed. Publication is now scheduled for March of 2014.

PHMSA Issues Updates on Special Permit Applications

On June 19, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a number of updates regarding applications for special permits from the Department’s hazmat regulations.

TSA Seeking Comments on Employee Security Training Programs

The Transportation Security Administration (TSA) has published a notice seeking comments on employee security training programs and planned security training exercises currently provided by owner/operators of freight railroads, passenger railroads, public transportation systems, and over-the-road buses. This information gathering process is part of a rulemaking requirement placed on the agency by the 9/11 Act. In particular, TSA is requesting information regarding programs currently implemented and the costs associated with these training programs. Comments are due by July 15, 2013.

FMCSA Renews Metal Coils Securement Exemption

On June 11, FMCSA renewed the Flatbed Carrier Safety Group’s (FCSG) exemption, which allows the securement of metal coils on a flatbed vehicle, in a sided vehicle, or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. Motor carriers taking advantage of the exemption may continue to use the pre-January 1, 2004 cargo securement regulations for the transportation of groups of metal coils with eyes crosswise. While FMCSA has determined that granting the exemption will not compromise safety, the agency is seeking comments on this issue. This decision is effective June 11, 2013. Comments are due July 11, 2013.

Other Items of Interest

ATRI Research on New 34-Hour Restart Requirement

Earlier this week, the American Transportation Research Institute (ATRI) released the findings of its assessment of FMCSA’s Regulatory Impact Analysis, which the agency used to justify changes to the 34-hour restart provision in the new HOS rules, which take effect July 1. A copy of this report is available from ATRI at www.atri-online.org.

TIMTC & DOT Webinar on Connected Truck Technology

On July 18, the Trucking Industry Mobility and Technology Coalition (TIMTC) and DOT will host a free webinar to discuss recent advances in connected vehicle technologies. To register, visit the TIMTC website here.