While the Nation and the trucking industry consider the impact of a new Administration and a new Congress, the current Administration remains in place until Jan. 20, 2009, and with it the fate of several important rulemakings and industry petitions.  By law, federal regulatory agencies cannot reveal the timing and content of final rules or petition decisions before their publication in the Federal Register, but ATA anticipates action in the near term on the following:
 
Hours of Service – On Nov. 18, the Federal Motor Carrier Safety Administration (FMCSA) issued an HOS Final Rule that retains the status quo on the 11- and 34- hour provisions, as well as the problematic sleeper berth provision.
 
Electronic On-Board Recorders – This FMCSA final rule, just sent to the White House for OMB review, will likely include incentives for the majority of industry to voluntarily adopt EOBRs.  The rule will also include a requirement/mandate for some carriers who have been ‘historically non-compliant HOS operators.’  This ‘non-compliant’ population will likely be larger than the motor carrier population targeted back in the proposed rule.

New Entrant Carrier Safety Audit Rule – This final rule will substantially raise the safety bar for motor carrier entry into the industry.  The rule will include up to 15 violations which, if found during the mandatory new carrier safety audit, will result in automatic suspension of their operation.  FMCSA has labeled this final rule a priority.

Intermodal Chassis ‘Roadability’ – This FMCSA final rule will shift some inspection and maintenance responsibility of intermodal trailers/equipment from motor carriers to the owners/lessors of the equipment (e.g., steamship lines, RRs, etc.).

Merging of a Driver’s Medical Certification with his/her CDL Record – Only a few states (approximately five) currently require drivers to submit their medical certification to the state licensing agency at the time of licensure and renewal of the certification.  FMCSA will require all states to obtain and record a driver’s medical certification on his or her CDL record.  States will have three years to comply.

Reduced Stopping Distance for Truck Tractors - This rulemaking from the National Highway Traffic Safety Administration (NHTSA) would reduce stopping distance requirements for newly-manufactured truck tractors equipped with air brake systems.  The projected date for the final rule is now Jan. 2, 2009.

While ATA awaits these rulemaking final rules, petitions pending at FMCSA may also yield important decisions before this Administration closes shop:

Petitions Challenging Certain State Credentials - ATA has petitioned FMCSA for determinations that three state credential requirements (New York City, Cook County, Illinois, and New Jersey) are preempted by federal law.  FMCSA may rule on these soon.

Boston Hazmat Routing Petition - FMCSA published for comment ATA’s application for preemption of Boston’s hazardous materials transportation restrictions on the grounds that Boston failed to comply with the federal requirements for designating hazardous materials routes. The public comment period closed Oct. 17 and ATA’s rebuttal comments are due on Dec.1.

As new decision-makers arrive in Washington, DC, decisions made before January 20 on these rulemakings and petitions will impact the trucking industry for the immediate future.