DOT issues dozens of deregulatory notices

Mark Schremmer

The U.S. Department of Transportation is taking the first steps toward decreasing the regulatory burdens on trucking and other applicable industries.

This week, the DOT announced more than 50 proposals or final rules aimed at streamlining the Code of Federal Regulations. The actions made by the Federal Motor Carrier Safety Administration, the Federal Highway Administration and the National Traffic Safety Administration target “redundant” rules with “no real-life application,” the DOT said in a news release.

“Big government has been a big failure,” Transportation Secretary Sean Duffy said. “Under President Trump’s leadership, my department is slashing duplicative and outdated regulations that are unnecessarily burdensome, waste taxpayer dollars and fail to ensure safety. These are commonsense changes that will help us build a more efficient government that better reflects the needs of the American people.”

Deregulatory focus

Since President Donald Trump took office in January, the administration has promised to roll back regulatory burdens on businesses.

On Jan. 31, Trump issued an executive order requiring that at least 10 regulations be identified for elimination before a new regulation is issued.

In April, the DOT asked the public to help identify regulations that could be modified, repealed or amended without hindering safety. The public, including truck drivers, responded with more than 900 comments providing recommendations on regulations they believed could be removed.

Many of the comments from truckers focused on big-ticket issues, such as hours-of-service regulations, the electronic logging device mandate and the speed limiter proposal. Although these initial deregulatory actions do not address any of those concerns, the DOT did take steps toward removing some of the mundane requirements that are often “duplicative.”

FMCSA’s actions

On Tuesday, May 27, FMCSA announced a total of 20 proposals or final rules set to be published in the coming days.

One of those proposals involves rescinding the requirement that rear impact guards must be permanently marked or labeled with a certification from the manufacturer. There were instances of motor carriers being cited for missing or faded labels. However, FMCSA is moving the focus to the condition of the guards and not the label.

“The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS,” the agency wrote. “However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the service life of the trailer or guard.”

Another proposed deregulatory action involves the requirement that an ELD operator’s manual be placed in the commercial motor vehicle. The DOT said that if that information is needed, it can be found online.

In all, FMCSA is issuing two final rules and 18 notices of proposed rulemaking.

The final rules involve:

• Civil penalties
• Motor carrier routing

Both of the final rules take effect as soon as they are published in the Federal Register.

The notices of proposed rulemaking involve:

• Definition of “medical treatment”
• Exceptions for certain military personnel
• Driver vehicle examination report disposition
• Electronic driver vehicle inspection reports
• ELD operator’s manual
• Auxiliary fuel tanks
• Brakes on portable conveyors
• Labeling requirements for rear impact guards
• Fuel tank overfill restriction
• License plate lamps
• Liquid-burning flares
• Retroreflective sheeting on semitrailers and trailers
• Tire load markings
• Spare fuses
• Vision standards grandfathering provision
• Railroad grade crossing stopping exception
• Removal of obsolete references to “water carriers”
• Self-reporting requirements

Comments on each of those proposals will be accepted through July 29. Once those comments are reviewed, the agency will determine whether or not to move forward with a final rule.

DOT recommends rescinding or amending numerous FMCSA regs

The U.S. Department of Transportation last week announced 52 deregulatory actions across Federal Highway Administration (FHWA), Federal Motor Carrier Safety Administration (FMCSA), and National Highway Traffic Safety Administration (NHTSA).

Of the 52 deregulatory actions, 43 are at the Notice Proposed Rulemaking (NPRM) stage, seven are final rules, and two are withdrawals of rulemaking actions, according to a statement from the DOT, according to a statement from the DOT.

Comments on each of the proposals will be accepted through July 29. Once those comments are reviewed, the agency will determine whether or not to move forward with a final rule.

Twenty deregulatory actions were taken at FMCSA, including:

• RESCINDING:
  • Motor Carrier Routing Regulations: FMCSA repeals this part of the Code of Federal Regulations (CFR), which concerns servicing municipalities and unincorporated communities. This is an obsolete rule left over from the transfer of rules from the Interstate Commerce Commission (ICC) to the Federal Highway Administration (FHWA) in 1995, and carried over to FMCSA in 2000.

• • Appendix B to 49 CFR Part 386 – Civil Penalties; Paragraph (a)(1) of the Appendix: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to remove the reference to rules under the Department of Transportation’s “Procedures for Transportation Workplace Drug and Alcohol Testing Program” from the civil penalty schedule in the FMCSRs. Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations (CFR) where this program is incorporated into the FMCSRs. Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment, pursuant to the good cause exception in the Administrative Procedure Act (APA).

• • Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to rescind the requirement that the rear impact guard be permanently marked or labeled with a certification from the impact guard manufacturer as required by the National Highway Traffic Safety Administration’s (NHTSA) applicable Federal Motor Vehicle Safety Standard (FMVSS). The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS. However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the service life of the trailer or guard. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety, as this NPRM would not affect the applicable FMVSS. The proposal would also rescind a guidance document pertaining to illegible, incomplete, or missing rear impact guard certification labels.

• • Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers: FMCSA proposes to rescind the requirements for retroreflective sheeting on semitrailers and trailers manufactured prior to December 1, 1993, which is the compliance date for the National Highway Traffic Safety Administration’s (NHTSA) conspicuity rules applicable to trailer manufacturers. The retrofitting requirements were adopted by the Federal Highway Administration (FHWA) on March 31, 1999, and require that motor carriers engaged in interstate commerce install retroreflective tape or reflex reflectors on the sides and rear of semitrailers and trailers that were manufactured prior to December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and a gross vehicle weight rating of 4,536 kg (10,001 pounds) or more. With the passage of more than 30 years since the NHTSA requirements were implemented, FMCSA believes the vast majority of trailers currently in use on the Nation’s highways were manufactured after 1993 so the retrofitting rule is no longer necessary. This proposal would eliminate obsolete regulatory text without compromising safety.

• • Parts and Accessories Necessary for Safe Operation; Spare Fuses: FMCSA proposes to remove the requirement for commercial motor vehicles (CMVs) to be equipped with at least one spare fuse for each type and size of fuse needed for the parts and accessories of the CMV. This proposed change would remove an unnecessary requirement from the Federal Motor Carrier Safety Regulations (FMCSRs).

• • Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares: FMCSA proposes to remove references to liquid-burning flares from the warning device requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This proposed revision would remove outdated language referring to warning devices that FMCSA believes are no longer used.

• • Removal of Self-Reporting Requirement: FMCSA proposes to revise its regulations requiring commercial driver’s license (CDL) holders to self-report motor vehicle violations to their state of domicile. With the implementation of the exclusive electronic exchange of violations between state drivers licensing agencies (SDLAs) in 2024, self-reporting is no longer necessary. This action supports the Administration’s deregulatory efforts.

• • Removal of Obsolete References to “Water Carriers”: FMCSA proposes to remove all obsolete references to “water carriers” in the FMCSA regulations (FMCSRs). FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, the existing FMCSRs provide appropriate coverage of the carrier’s motor carrier operations.

• • Qualifications of Drivers; Vision Standards Grandfathering Provision: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to remove the grandfathering provision under the physical qualifications standards for interstate drivers operating under the previously administered vision waiver study program, as this regulation is now obsolete. The waiver study program was terminated prior to the adoption of rules in 1998 implementing the Transportation Equity Act for the 21st Century provision concerning waivers, exemptions and pilot programs.

• • Rescinding the requirement for ELD operator’s manual located in Commercial Motor Vehicles: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to rescind the in-vehicle electronic logging device (ELD) operator’s manual requirement for commercial motor vehicles (CMVs). FMCSA currently maintains a list of the ELD vendors who have self-certified their products including submission of the operator’s manual. Additionally, drivers are required to understand the operation of the ELD on the vehicle. There is no readily apparent benefit to continuing to require that the users’ manual be in the CMV. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety.
• AMENDING:
  • Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped with Active Warning Device not in Activated State: FMCSA proposes to amend the regulations related to driving a commercial motor vehicle (CMV) at railroad grade crossings. Currently, drivers of certain CMVs (e.g., buses transporting passengers and CMVs transporting certain hazardous materials) are required to stop before crossing a railroad track unless an exception applies, such as when the railroad grade crossing is controlled by a functioning highway traffic signal transmitting a green indication. The Agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state (e.g., flashing lights or crossing gates down, indicating the arrival of a train), provided that the driver has exercised due caution to ascertain that the course is clear before crossing and local law permits the CMV to proceed across the railroad tracks without stopping.

• • Electronic Driver Vehicle Inspection Reports: FMCSA proposes to clarify the requirement to complete a Daily Vehicle Inspection Report (DVIR), based upon a public comment filed by the National Tank Truck Carriers (NTTC). The DVIR may already be completed electronically, however this NPRM proposes explicit language to make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs.

• • Driver Vehicle Examination Report Disposition Update: FMCSA proposes to revise the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing State agency. FMCSA is aware that not all issuing State agencies require the return of these reports, and that requiring motor carriers and intermodal equipment providers to submit these reports to a State that does not require, or even request, the return of the form, creates an unnecessary burden. Through this proposed change, completed forms will only be returned to those States that request them. This action is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA).

• • Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction: FMCSA proposes to remove the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that a liquid fuel tank manufactured on or after January 1, 1973, be designed and constructed so that it cannot be filled, in a normal filling operation, with a quantity of fuel that exceeds 95 percent of the tank’s liquid capacity. This proposal is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA). The proposed change would remove an unnecessary and outdated requirement from the FMCSRs.

• • Commercial Driver’s License Standards; Requirements and Penalties: Applicability to the Exception for Certain Military Personnel: FMCSA proposes to amend the Federal Motor Carrier Safety regulations (FMCSRs) to allow dual-status military technicians to qualify for the exception for certain military personnel from the commercial driver license (CDL) standards in part 383. This rule responds to a petition for rulemaking submitted by James D. Welch.

• • Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors: FMCSA proposes to add an exception for portable conveyors used in aggregate industry operations, and manufactured before 2010, from the requirements that each commercial motor vehicle (CMV) be equipped with brakes acting on all wheels, provided certain conditions are satisfied. This proposal is in response to a petition for rulemaking from the Michigan Aggregates Association (MAA). The proposed change would provide relief from a regulatory requirement for certain portable conveyors without impacting safety.

• • Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks: FMCSA proposes to add an exception to the prohibition on gravity and syphon feeds for auxiliary pumps with a fuel tank capacity of less than 5 gallons mounted on the trailer chassis frame or trailer bed, for purposes other than operation of the motor vehicle, that are operational only when the motor vehicle is not in motion. This proposal is in response to a petition for rulemaking from the Truck Trailer Manufacturers Association (TTMA). The proposed change would provide relief from a regulatory requirement without impacting safety.

• • Accident Reporting: Modification to the Definition of the Term “Medical Treatment”: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to revise the term “medical treatment” for the purpose of accident reporting to incorporate revised regulatory guidance issued by the agency regarding medical treatment away from the accident scene.

• • Parts and Accessories Necessary for Safe Operation; License Plate Lamps: FMCSA proposes to provide an exception from the lamp and reflective device requirements for license plate lamps on the rear of truck tractors while towing a trailer. This proposed change would remove an unnecessary regulatory requirement without impacting safety.

• • Parts and Accessories Necessary for Safe Operation; Tire Load Markings: FMCSA proposes to revise the requirements for tires on commercial motor vehicles (CMVs) to clarify that the Federal Motor Carrier Safety Regulations (FMCSRs) do not require tire load restriction markings on their sidewalls. This change would eliminate confusion and clarify the scope of FMCSA’s authority regarding the requirements for tires in the FMCSRs.

Crash Causal Factors Program (CCFP)

The Crash Causal Factors Program (CCFP) is a detailed crash data collection and analysis effort intended to:

1. Identify the key factors that contribute to crashes involving commercial motor vehicles (CMVs),
2. Inform countermeasures to prevent these crashes, and
3. Establish a foundation for continued data collection, sharing, and analysis.

Through a series of robust studies, the CCFP pursues a nuanced understanding of crashes involving CMVs so that policymakers, law enforcement agencies, regulators, and other interested parties can implement effective crash prevention strategies and programs.

Despite several decades of positive progress, the last few years have seen a concerning rise in fatal crashes in the United States, with fatal crashes involving CMVs increasing 17 percent from 2020 to 2021.¹ Authorized by Congress, the CCFP is part of the DOT and FMCSA’s heightened effort to reverse this trend and pursue a long-term goal of zero roadway fatalities.

The CCFP’s multi-phase approach will target unique vehicle types and/or crash severities for each causal factors study. Phase 1 focuses on fatal crashes involving heavy-duty trucks (Class 7/8 trucks) and will leverage existing State and local jurisdiction crash data collection processes to streamline data collection efforts. Future phases will continue to identify existing resources, leveraging these efforts to the extent possible. In addition to producing datasets and analytical reports, the CCFP will establish a foundation for continued data collection and analysis that FMCSA and States can routinely use to optimize their CMV safety activities.

1. ^1.2021 Fatality Analysis Reporting System (FARS). Accessible through A&I Crash Statistics.

Background

The CCFP expands on the original Large Truck Crash Causation Study (LTCCS) that investigated nearly 1,000 injury and fatal crashes involving large trucks from 2001 to 2003. However, an increase in fatal crashes involving CMVs in the last few years, along with changes in technology, vehicle safety, behavior, and roadway design, has created the need for a new study. The CCFP takes these changes, as well as the growth of the CMV industry, into account and pursues an updated understanding of the causal factors contributing to crashes today.

What’s Happening Now

The CCFP team is working with States and select local jurisdictions to establish sampling locations for the study; qualifying crashes that occur in these locations will be included in the study sample. Additional efforts include creating a CCFP database, establishing data protection measures, and developing tools and training to support data collection.

CCFP Timeline

Timing approximate; schedule subject to change.

2020–2021 

Funding & Authorization 

Congress appropriates $30 million for a causal factors study on large trucks.

The Infrastructure Investment and Jobs Act (IIJA) expands its scope to include all CMVs.

2022–2025 

Program Establishment

FMCSA establishes the CCFP to carry out a multi-phase study of crashes involving CMVs.

Phase 1 Preparation

The Heavy-Duty Truck Study is planned and developed.

FMCSA identifies in-scope States for a nationally representative sample and finalizes the analysis plan.

2026–2028 

Phase 1 Execution 

FMCSA collects data for two years, leveraging State and local jurisdiction resources, and then analyzes the data.

Phase 2 Preparation 

FMCSA kicks off the Medium-Duty Truck Study, pending funding.
2029 

Phase 1 Results 

The Heavy-Duty Truck Study final report is released.

Future Phases Continue 

The Medium-Duty Truck Study is developed and executed. Additional phases will be planned dependent on funding; associated timelines TBD.