Regulatory Updates – March 8, 2013

Update on Relevant Regulations

FMCSA Makes Determination Regarding the Alabama Metal Coil Securement Act

On March 5th, FMCSA issued its determination on ATA’s petition regarding the Alabama Metal Coil Securement Act. The announcement states that “FMCSA has determined that there is insufficient support for the claimed safety benefits and that the Act places an unreasonable burden on interstate commerce. This decision is effective April 4, 2013.

DOT Seeks Comments on ADA Bus Requirements

The Office of the Secretary within DOT is seeking comments on some of the requirements in the Americans with Disabilities Act of 1990 (ADA) regarding over-the-road bus (OTRB) operators. DOT is seeking the comments as part of a review they are required to conduct of the ADA requirements. Specifically, DOT is seeking comments regarding the percentage of accessible OTRBs in the fleets of OTRB operators, the success of such operators at meeting the requests of passengers with disabilities for accessible OTRBs in a timely manner, ridership of OTRBs by passengers with disabilities, volume of complaints by passengers with disabilities, and the cost and service impacts of these requirements. According to the announcement, following the review, DOT will consider whether or not to make adjustments to the ADA regulations. Comments are due April 29, 2013.


Other Items of Interest

OIG Issues Recommendations for DOT

Earlier this week, the Inspector General testified before the House Committee on Oversight and Government Reform, sharing the Office of Inspector General’s (OIG) top 10 recommendations for DOT. One of the recommendations focused on FMCSA, “publish a final rule on passenger carrier leasing with requirements similar to those for property carriers”.

FMCSA Announces Motor Carrier Safety Advisory Committee Appointments

Last week, FMCSA announced five new members of the Motor Carrier Safety Advisory Committee (MCSAC), including:

  • Gary Catapano, senior vice president of safety, First Student, Inc.
  • Bruce Hamilton, president, Amalgamated Transit Union, Local 1700
  • Robert Mills, police officer, Fort Worth (TX) Police Department
  • Donald Osterberg, senior vice president of safety and security, Schneider National, Inc.
  • Tami Friedrich Trakh, board member, Citizens for Reliable and Safe Highways (CRASH)

The Committee also has a new Chairman, Stephen C. Owings of Road Safe America, the first representative from the safety advocacy community to be named chairman of the MCSAC. Current member Lt. Col. Scott G. Hernandez of the Colorado State Patrol was appointed vice chairman

Other MCSAC members:

  • LaMont Byrd, director of health and safety, International Brotherhood of Teamsters
  • Norman (Bill) Dofflemyer, captain, Maryland State Police
  • Scott Hernandez, interim chief, Colorado State Patrol
  • John Lannen, executive director, Truck Safety Coalition
  • Jane Mathis, member, board of directors, Parents Against Tired Truckers (P.A.T.T.)
  • Stephen C. Owings, president, Road Safe America
  • Pete Pantuso, president and chief executive officer, American Bus Association
  • David Parker, senior legal counsel, Great West Casualty Co.
  • Danny Schnautz, operations manager, Clark Freight Lines, Inc.
  • Todd Spencer, executive vice president, Owner-Operator Independent Drivers Association