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

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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)

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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

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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

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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.

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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.

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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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