Regulatory Updates – Sept. 23, 2011

CVSA Regulatory Update

Update on Relevant Regulations

HOS – Final rule sent to the Office of the Secretary (OST) for review on August 11th, scheduled for publication October 28th. ATA and other organizations have recently stepped up their opposition to the changes proposed by US DOT, especially now that HOS has been deemed one of the rules that will cost over $1 billion to implement.

EOBR – Another $1 billion+ rulemaking. Courts overturned EOBR 1 in late August because the rule fails to protect drivers from harassment from companies. This puts EOBR 2 in jeopardy, as it is built largely on EOBR 1. Currently the Administration is considering its options on how to move forward with the EOBR issue, but it seems likely there will have to be some delay in implementation.

National Registry of Certified Medical Examiners – This rule, stemming from SAFETEA-LU, has been long delayed. However, the rule was transmitted to OST on August 1st and the final rule is scheduled to be published by December 14th.

CDL Testing and CLP Standards – On May 9th, the final rule making changes to CDL and CLP requirements was published and became effective on July 8th.  The rule included some changes to the definition of a CMV, as requested by CVSA. However, the agency did not accept the Alliance’s recommended changes to the definitions of GVWR and GCWR, which has led to complications on when a vehicle qualifies as a CMV. FMCSA has been made aware of the issue and is considering how best to remedy.

Unified Registration System – URS is another rule long in the making. A subsequent Notice of Proposed Rulemaking has been transmitted to OMB for approval and publication is scheduled for October 20th.

Update of Pending CVSA Petitions

Brake Adjustment & Self Adjusting Brakes (49CFR 393.47 & 383.53) – Two petitions submitted by CVSA regarding brake adjustment limits were granted and addressed in a NPRM that was published on September 2nd. CVSA will be submitting additional comment on the rulemaking.

Definition of CMV (49CFR 383.5 & 390.5) – As mentioned above, portions of CVSA’s petition regarding the definition of a CMV was addressed in the May 9th final rule on CDLs.

Tank Endorsements (49CFR 383.5) – FMCSA made adjustments to the definition of a tank vehicle in the May 9th final rule on CDLs and asked that CVSA withdraw its petition. The issue will be discussed at next week’s conference in Austin.

All other CVSA petitions remain under consideration at FMCSA at this time and no additional information is available.