On December 22, FMCSA posted its new HOS rule to their website along with other materials, including a Q&A document.  The good news is that FMCSA is retaining the 11 hour driving time limit.  However, the agency imposed restrictions on the use of the 34 hour restart – to include two consecutive nighttime periods (1 – 5 a.m.), and restricted consecutive hours of driving by including a required rest break.  FMCSA has provided a lengthy transition period until July 1, 2013 for most but not all of its changes. ATA has already prepared a one-page summary of the rule, along with a chart comparing the changes to the current rules.

FMCSA's Final Rule on HOS 

ATA Summary of Final HOS Rules 

FMCSA Information and Q&A on New HOS Rule

U.S. and Canada Announce "Action Plan" to Improve Security & Competitiveness

President Obama and Canadian Prime Minister Harper announced the release of an “Action Plan” to coordinate and cooperate on mutual security and economic competitiveness. Trucking should benefit from specific objectives listed, including an integrated cargo security strategy; developing pre-clearance initiatives to relieve border congestion; provide information on border wait-times and service levels; establishing a single window for electronic data submissions; and, enhancing border infrastructure. A summary of the report is available here.

TSA Cites Potential Defect of TWICs Issued Prior to April 5, 2011; Free Replacement
TSA has provided new information addressing improperly encoded TWICs. A card production error resulted in the number of characters on some TWICs being truncated, causing readers to not recognize the card as valid. TWICs issued before April 5, 2011 could potentially have this issue. These cards will be replaced, at the card holder’s request, at no cost. TSA has identified the affected TWICs and has provided a listing to determine if a card is affected. A TSA informational bulletin is also available. 

FMCSA AND PHMSA Issues Final Rule Prohibiting Hand-held Use of Cellular Phones 
On Friday, December 2, FMCSA and PHMSA published a joint final rule restricting CMV interstate drivers and intrastate hazmat drivers’ use of hand-held cellular phones. The final rule prohibits CMV drivers from holding, dialing, or reaching for a hand-held cellular phone but allows the use of hands-free devices. Drivers may push a single button to initiate, answer, or terminate a call. However, the rule prohibits all push-to-talk functions on cellular phones. Citizen Band Radios, GPS, and fleet management systems are not included in the prohibition. The rule makes hand-held use of a cellular phone a disqualifying offense for drivers and also subjects drivers and motor carriers to federal civil penalties. FMCSA also stated its view to hold motor carriers accountable for violations committed by their drivers during the course of employment. Finally, the rule contains an exemption to allow hand-held use for emergency purposes only. The rule will take effect on January 3, 2012. Click here for a link to ATA’s summary of the rule and click here for a copy of the final rule.

FMCSA Grants Industry Petition to Modify Eligibility Requirements for Hazmat Safety Permit
FMCSA announced its intention to revise the eligibility requirements for the federal Hazardous Materials Safety Permit (HMSP). The announcement responds to a multi-industry petition filed by the National Tank Truck Carriers and other industry groups. The HMSP is required for carriers transporting certain explosives, PIH materials, radioactive materials, and liquefied natural gas (see 49 CFR Part 385).  Of particular interest to ATA's members is FMCSA’s acknowledgement that the periodic adjustments in the out-of-service disqualification rates creates business continuity concerns and its willingness to consider averaging the eligibility criteria over a six-year period to ensure that 70% of the hazardous materials motor carriers would be able to qualify for the HMSP and eliminate the bias against less-than-truckload carriers. The Administrator’s response also indicates a willingness to consider using vehicle miles traveled along with number of power units as a normalizing factor used to calculate crash rates and to consider excluding non-preventable crashes in its initial crash rate calculations, rather than forcing the carrier to challenge the inclusion of each crash on a case-by-case basis. A proposal to implement the decision will be included in the upcoming safety fitness determination rulemaking, which is expected in April 2012.