Regulatory Status - 2012 Federal Regulations
For additional information visit http://www.gpoaccess.gov/fr/index.html.
Items in RED text indicate a change of status or new item.

 

Agency Type Date
Posted
Title
(As Published in the Federal Register)
Federal Register
Page No. (Vol.No.)
Status
FMCSA  Final Rule  11/23/11  FMCSA-2010-0096: Drivers of CMVs: Restricting the Use of Cellular Phones
Keywords: Regulation, Safety

12/21/2011 NPRM/Request for comments 
Announcement  The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus.

80014 (75) FMCSA proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with the restriction. Also, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce.

CMV Docket FMCSA will be accepting both initial comments and reply comments. Initial comments were due 02/22/11 and reply comments were due 03/21/11. 
FMCSA  Notice  11/21/11  FMCSA–2006–26367: Motor Carrier Safety Advisory Committee Series of Public Subcommittee Meetings
Keywords: Electronic On-Board Recorders (EOBR)

10/7/2011 Meeting Announcement 
72030 (76)  MCSAC will hold a public meeting 12/5/11-12/8/11 at the Hilton Alexandria Old Town to consider, among other things, the report of its EOBR Implementation Subcommittee, data regarding the cross border trucking pilot program with Mexico, and FMCSA-sponsored research on motor coach HOS.

62496 (76) Motor Carrier Safety Advisory Committee (MCSAC) will hold public working group and subcommittee meetings on 10/24/11–10/27/11 focusing on functional specifications for EOBRs. Meetings will be at the Sheraton Crystal City in Arlington, VA. 
FHWA  Notice and correction  11/21/11  Multistate Corridor Operations and Management Program
Keywords: Grants

10/21/2011 Notice; Request for Applications 
72029 (76)  FHWA modifies grant application process and extends application deadline to 01/03/12.

65561 (76) FHWA announces there are grants available through the Multistate Corridor Operations and Management Program (MCOM) for multimodal activities such as corridor planning & analysis, performance monitoring & management, low emission zones, efficient & safe movement of freight, and electronic fee and fare payments.

Applications due 12/20/11. 
FMCSA  Final Rule  11/15/11  FMCSA–1997–2210: Medical Certification Requirements as Part of the Commercial Driver’s License (CDL); Extension of Certificate Retention Requirements
Keywords: Truck 
70661 (76)  FMCSA extends the requirement that interstate drivers subject to the commercial driver’s license (CDL) regulations and the Federal physical qualification requirements must retain paper copies of their medical examiner’s certificate.

Effective 12/15/11. 
FRA  Final Rule  11/09/11  FRA–2009–0035: Conductor Certification
Keywords: Rail, Safety 
69802 (76)  Rule requires railroads to have a formal program for certifying conductors.

Effective 01/01/12. 
FMC  Notice of inquiry  11/08/11  FMC to launch formal inquiry into HMT revenue lost to Cargo Diversions into Canada
Keywords: Canada, Cargo, Ports

11/3/2011 Formal Notice of Inquiry

10/5/2011 Notice of inquiry 
69271 (76)  FMC Notice of Inquiry appears in Federal Register.

Docket FMC issued a formal Notice of Inquiry to solicit the public's views and information on the shift of US-bound being diverted to Canadian and Mexican seaports. Comments due 12/22/11.

Announcement FMC will launch inquiry on the loss of HMT revenue to the “Canadian Loophole” and claims that the Canadian Government unfairly subsidizes rail transport from Canadian Ports. 
PHMSA  Notice of Public Meeting  11/07/11  PHMSA–2011–0246: International Standards on the Transport of Dangerous Goods; Public Meeting
Keywords: Safety, Hazmat 
68829 (76)  PHMSA will conduct a public meeting to prepare for U.N. Sub-Committee of Experts on the Transport of Dangerous Goods. PHMSA will also solicit comments on how to further enhance harmonization for international transport of hazardous materials.

Meeting will be held 11/17/11. 
FMC  Request for comments  11/04/11  Plan for Retrospective Review of Existing Rules
Keywords: Shipping 
Announcement  FMC seeks the shipping public’s comments and information on how to improve the Commission’s existing regulations or programs. No deadline listed. 
FMCSA  Final Rule  11/04/11  FMCSA–2011–0039: Commercial Driver’s License Information System State Procedures Manual, Release 5.2.0
Keywords: Safety 
68328 (76)  Rule requires all State driver licensing agencies to use this recent edition of the American Association of Motor Vehicle Administrators, Inc.’s Manual to develop the process required to transmit, receive, record, and update information on a CDLIS driver record.

Effective 12/05/11. 
STB  Determination  11/03/11  Surface Transportation Board makes rail revenue adequacy determination for 2010
Keywords: Rail, Freight 
Announcement  The Board found that Union Pacific Railroad Company was revenue adequate in 2010. All other Class I freight railroads were found to be revenue inadequate for that year. 
FMCSA  Update  11/02/11  FMCSA-2004-19608 - Hours of Service of Drivers
Keyword: HOS

5/30/2011 Update

5/9/2011 Notice; availability of supplemental documents; reopening of comment period

1/26/2011 GAO Study

02/16/11 NPRM; notice of availability of supplemental documents and corrections; extension of comment period

12/23/10 NPRM 
Article  FMCSA submitted its final rule to OMB for review; FMCSA owes a status update to the court by 11/28/11.

Article FMCSA has delayed the scheduled release of the final rule to October 2011 in order to allow time to review comments on the new materials added to the docket in May.

8990 The GAO has released a study entitled “Commercial Motor Carriers: More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations.”

The full report is available here.
Highlights of the report are here.

8990 FMCSA has released additional documents regarding the HOS rulemaking. The public comment period ended 03/04/11.

82170 FMCSA proposes to amend the HOS regulations for CMV drivers.

HOS Docket Comments were due 02/28/11. 
FMCSA  Supplemental Notice of Proposed Rulemaking  10/26/11  FMCSA–97–2349: Unified Registration System
Keywords: Truck, Safety 
66506 (76)  FMCSA amends a number of procedural elements in its Unified Registration System proposal. Among those amendments is a process that would increase difficulty to obtain operating authority.

Comments due 12/27/11. 
FMCSA  Supplemental Notice of Proposed Rulemaking  10/26/11  FMCSA–97–2349: Unified Registration System
Keywords: Truck, Safety 
66506 (76)  FMCSA amends a number of procedural elements in its Unified Registration System proposal. Among those amendments is a process that would increase difficulty to obtain operating authority.

Comments due 12/27/11. 
MARAD  Notice; Request for Comments  10/25/11  Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
Keywords: Cargo 
66126 (76)  Act.

Comments due 11/25/11. 
FMCSA  Notice; Request for Comments  10/25/11  FMCSA–2011–0270: Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Keywords: Mexico, Truck  66119 (76)  FMCSA requests approval to revise an ICR that requires Mexico-domiciled for-hire and private motor carriers to file an application Form OP–2 if they wish to register to transport property only within municipalities in the U.S. on the U.S.-Mexico international border or within the commercial zones of such municipalities.

Comments due 11/25/11. 
DOT  Update  10/21/11  US/Mexico Cross-Border Trucking
Keywords: Borders; Freight; Highways; NAFTA; Safety; Security

10-14-2011 Notice; response to public comments

10-12-2011 Notice

9-14-2011 Notice; request for public comment

9/2/2011 Update

7/18/2011 Notice; Correction

7/12/2011 Notice of Availability; request

7/8/2011 Notice; response to public comment

6/20/2011 Update

4/11/2011 Notice; request for public comment

3/3/2011 Announcement

2/14/2011 Announcement

1/6/2011 Announcement 
Update  warrant additional environmental analysis in the form of an Environmental Impact Statement.

56272 (76) FMCSA requests comment on data and information concerning the Pre-Authorization Safety Audits (PASAs). Comments due 09/26/11.

Article The Teamsters and Public Citizen filed a lawsuit against USDOT seeking to block cross-border trucking with Mexico.

42163 (76) FMCSA announces a correction to the telephone number listed for further questions in the Federal Register of 07/08/11.

40980 (76) FMCSA announces the availability of a Draft Environmental Assessment that evaluates the potential environmental impacts resulting from the implementation of its cross-border trucking pilot program.

Comments are due 08/11/11.

40420 (76) FMCSA announces its intent to proceed with the initiation of a United States-Mexico cross-border long-haul trucking pilot program.

This notice is effective 07/08/11. FMCSA announces the availability of a Draft Environmental Assessment that evaluates the potential environmental impacts resulting from the implementation of its cross-border trucking pilot program.

Comments are due 08/11/11.

40980 (76) FMCSA announces its intent to proceed with the initiation of a United States-Mexico cross-border long-haul trucking pilot program.

This notice is effective 07/08/11.

Article FMCSA Administrator Ferro announces that the new cross-border trucking program with Mexico could be in place within two months.

20807 (76) FMCSA releases Pilot Program on NAFTA Long-Haul Trucking Provisions

Announcement The U.S. and Mexico reached a preliminary agreement on resolving a cross-border trucking dispute that led to $2.4 billion in Mexican tariffs on U.S. goods.

Budget Highlights In its FY 2012 Budget Proposal includes $50.4 million to support truck inspections at the U.S. border and "the Mexican long-haul program." Funding for the program was cut back in 2007.

DOT Proposal DOT has developed an initial concept document for a long haul cross-border Mexican trucking program that prioritizes safety, while satisfying the United States’ international obligations. A formal proposal, which the public will have the opportunity to comment on, is expected to be announced in the coming months. 
FRA  Notice of public hearing and extension of comment period  10/14/11  FRA–2011–0028: Positive Train Control Systems
Keywords: Rail

8/24/2011 Notice of Proposed Rulemaking 
63899 (76)  FRA will hold a public hearing 11/10/11 in Washington, D.C. to discuss proposed PTC rulemaking. Attendees must RSVP at least five days prior to the hearing. FRA is also extending the comment period for its proposed rulemaking to 11/25/11.

Announcement STB instituted a public proceeding to examine the regulatory effects of the price Berkshire Hathaway paid when it acquired BNSF Railway. 
FMC  Meeting Announcement  09/30/11  Sunshine Act Meeting; FMC to Discuss PierPass and diversion of U.S.-bound cargo from U.S. Ports
Keywords : Cargo, Mexico, Canada, User Fees 
60835 (76)  On 10/05/11 FMC will hold a public meeting to discuss, among other things, PierPass Traffic Mitigation Fee and factors that may impact diversion of U.S.-bound cargo from U.S. Ports to Canadian and Mexican Ports. 
MARAD  Meeting Announcement  09/27/11  Meeting of the Marine Transportation System National Advisory Council
Keywords: Maritime Law 
59769 (76)  Transportation System National Advisory Council (MTSNAC) will hold a meeting at US DOT to assess 2012 priorities and other issues of importance to the Marine Transportation System. 
FMC  Request for Additional Information  09/21/11  FMC Agreement Number 011962–007: Consolidated Chassis Management Pool Agreement
Keywords: Maritime Law

8/17/2011 Notice of agreement filed. 
58514 (76)  FMC requests additional information from the agreement’s listed parties, preventing the agreement from becoming effective as originally scheduled. Comments must be filed by 10/06/11.

51033 (76)FMC gives notice of an agreement filed under the Shipping Act of 1984, and allows for a ten day comment period. The agreement requests authority for the corporate restructuring of Consolidated Chassis Management and its affiliated chassis pools, including authority to form separate business entities to facilitate the purpose of the Agreement.

Comments are due by 8/27/11. 
MARAD  Meeting Announcement  09/19/11  MARAD 2011–0121: Retrospective Review Under E.O. 13563: Cargo Preference
Keywords: Cargo 
57941 (76)  On 10/23/11 MARAD will hold a public meeting to discuss existing Cargo Preference regulations. The meeting will be held at USDOT and the registration deadline to attend the meeting in person is 09/23/11. 
FMC  Meeting Announcement  09/13/11  FMC Meeting
Keywords: Maritime Law; User Fees

7/8/2011 Meeting Announcement 
Meeting Announcement  FMC will hold a public meeting on 09/27/11 in Long Beach, CA to discuss the PierPass Traffic Mitigation Fee and related matters. RSVP by 09/22/11.

40365 (76)FMC held a meeting 07/13/11. During the closed session, the Commission will discuss the Transpacific Stabilization Agreement and Westbound Transpacific Stabilization Agreement Transcript Filing Requirement and proposed PierPass Traffic Mitigation Fee Increase. 
FMCSA  Meeting Announcement  09/09/11  Sunshine Act Meetings; Unified Carrier Registration Plan Board of Director
Keywords: Truck, Freight, Safety

9-6-2011 Meeting Announcement 
69793 (76)  Unified Carrier Registration Plan Board of Directors will hold a public phone meeting on 12/08/11 to discuss developing and implementing the Unified Carrier Registration Plan and Agreement.

55161 (76) The Unified Carrier Registration Plan Board of Directors will hold a public phone meeting on 09/22/11 to discuss developing and implementing the Unified Carrier Registration Plan and Agreement. 
FMCSA  Update  08/26/11  FMCSA–2004–18940: Electronic On-Board Recorders for Hours-of-Service Compliance
Keywords: EOBR, HOS

10-25-2010 Update

9/13/10 Final rule/Technical amendments and response to petitions for reconsideration



6/2/10 UpdateArticle











4/5/10 Final Rule 
Update  Court overturns onboard truck recorder rule citing that FMCSA did not meet a specific requirement set by Congress to ensure that EOBRs not be used to harass truck drivers.

UpdateThe Owner-Operator Independent Drivers Association filed a petition seeking review of the final rule mandating EOBR for motor carriers with persistent noncompliance with hours-of-service regulations, arguing that there is no proof the devices can accurately and automatically record a driver's hours of service and duty status.

The petition asks the court to vacate the rule and send it back to the agency for further consideration consistent with the court's findings. The court has given FMCSA until Nov. 4 to file its reply briefs.

55488 In response to petitions for reconsideration, FMCSA made adjustments to the requirements relating to the temperature range in which EOBRs must be able to operate, and the connector type specified for the USB interface. The amendments in this final rule became effective 09/13/10.

17208 FMCSA requires mandatory use of EOBRs for motor carriers that have demonstrated serious noncompliance with the HOS rules.

This final rule was effective 06/04/10. Motor carriers must comply with this final rule by 06/04/12.

EOBR Docket 
FMCSA  Notice; Denial of petition for  09/02/11  FMCSA–2010–0387: Identification of Interstate Motor Vehicles: The Port Authority of New York and New Jersey’s Drayage Truck Registry Sticker Display Requirements; Petition for Determination
Keywords: Freight; Intermodal; Ports; SAFETEA-LU

7/11/2011 Decision

12/3/2010 Notice of petition for determination; request for comments 
54830 (76)  DecisionFMCSA has declined to grant the New Jersey Motor Truck Association’s petition.

75540 The New Jersey Motor Truck Association has asked FMCSA to declare the Port Authority of New York & New Jersey’s Drayage Truck Registry sticker display requirement preempted by Federal law.

FMCSA seeks comment on whether the Port Authority’s display requirement is preempted or whether it qualifies for the relevant exception codified at 49 U.S.C. 14506(b)(3). 
FMCSA  Notice; extension of effective date.  08/31/11  Notice of Procedural Changes to the Performance and Registration Information Systems Management (PRISM) Program Keywords: Intermodal; Safety Notice of Procedural Changes to the Performance and Registration Information Systems Management (PRISM) Program Keywords: Intermodal; Safety  54288 (76)  FMCSA has extended the effective date (originally 09/01/11, now 09/01/12) to eliminate the ‘‘registrant-only’’ USDOT number as part of the Performance and Registration Information Systems Management (PRISM) program. 
FMCSA  Notice of regulatory guidance  08/15/11  FMCSA Clarification: Regulatory Guidance Concerning Household Goods Carriers Requiring Shippers To Sign Blank or Incomplete Documents
Keywords: Regulation 
50537 (76)  FMCA issues guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d). Carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit.

Effective 08/15/11. 
OST  Notice of Funding Availability  08/12/11  DOT–OST–2011–0107: Interim Notice of Funding Availability for the Department of Transportation’s National Infrastructure Investments Under the Full-Year Continuing Appropriations, 2011; and Request for Comments Keywords: Appropriations, Funding, Grants, Highways, Infrastructure, Intermodal, Ports, Rail

7/1/2011 Interim notice of funding. 
50289 (76)  DOT’s Office of the Secretary announces the availability of funding and requests proposals for the National Infrastructure Investments, or ‘‘TIGER Discretionary Grants.’’

38719 (76) DOT’s Office of the Secretary announces the availability of funding and requests proposals for the National Infrastructure Investments, or ‘‘TIGER Discretionary Grants.’’

In addition, this interim notice announces selection criteria and pre-application and application requirements for these grants.

DOT”s application system will begin accepting pre-applications on 09/09/11. Pre-applications are due 10/03/11.

DOT's application system will begin accepting applications on 10/05/11. Final applications are due 10/31/11. 
FMCSA  Notice and Request for Comments  08/12/11  FMCSA-2011-0177: Agency Information Collection Activities; Request for Comment; Extension of an Information Collection: Hours of Service (HOS) of Drivers Regulations Keywords: HOS, EOBR

6/6/2011 Notice and request for comments. 
50313 (76)  FMCSA requests OMB approval to revise and extend an existing ICR entitled, ‘‘Hours of Service (HOS) of Drivers Regulations.’’ The HOS rules require most commercial motor vehicle (CMV) drivers to maintain in the CMV an accurate record of duty status (RODS) in either paper or electronic form.

Comments are due 09/12/11.

32388 (76) FMCSA announced its plan to submit a Information Collection Request (ICR) entitled ‘‘Hours of Service (HOS) of Drivers Regulations’’ to the Office of Management and Budget (OMB) for its review and approval and invites public comment. Comments were due by 08/05/11. 
FMCSA  FMCSA- 2011–20557: Notice of Fiscal Year 2012 Safety Grants and Solicitation for  08/12/11  FMCSA- 2011–20557: Notice of Fiscal Year 2012 Safety Grants and Solicitation for Applications
Keywords: Funding, Grants, SAFETEA-LU, Safety 
50315 (76)  FMCSA announces and requests comment on its ten anticipated (FY) 2012 safety grant opportunities. 
FRA  Final Rule  08/12/11  FRA-2011- 20290: Hours of Service of Railroad Employees; Substantive Regulations for Train Employees Providing Commuter and Intercity Rail Passenger Transportation; Conforming Amendments to Recordkeeping Requirements Keywords: HOS, Rail  50360 (76)  FRA is amending its HOS recordkeeping regulations, to add substantive hours of service regulations, including maximum on-duty periods, minimum off-duty periods, and other limitations, for train employees (e.g., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation. Rule also makes corresponding changes to FRA’s hours of service recordkeeping regulation.

Rule becomes effective 10/15/11. 
FMCSA  Meeting Announcement  08/10/11  FMCSA–2006–26367 and FMCSA–2011–0131: Joint Motor Carrier Safety Advisory Committee and Medical Review Board Public Meeting
Keywords: Borders, Customs, Security, Safety 
49527 (76)  FMCSA’s Motor Carrier Advisory Committee and Medical Review Board MCSAC and MRB will hold a joint public meeting on 08/29/11 – 08/31/11. The afternoon of 08/31/11 will be used for a meeting of the Cross- Border Trucking Pilot Program subcommittee. Meetings will be held at the Hilton Alexandria Old Town. 
EPA  Final Rule  08/08/11  EPA–HQ–OAR–2010–0162; NHTSA-2010-007: The Heavy-Duty National Program
Keywords: Fuel Standards, Emissions 
Announcement  EPA and NHTSA have adopted standards for CO2 emissions and fuel consumption, respectively, tailored to each of three main regulatory categories: (1) combination tractors; (2) heavy-duty pickup trucks and vans; and (3) vocational vehicles. 
DHS  Meeting Announcement  08/02/11  USCBP–2011–0024: Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)Keywords: Customs, Borders, Security  46312 (76)  The COAC will hold an open meeting on August 18, 2011 from 1 to 5:30 pm, in Long Beach, CA. If you plan on attending via webcast, please register online at: https://apps.cbp.gov/te_registration/?w=55 by close-of-business on August 12, 2011.

Among other topics, the COAC will receive an update on Automated Commercial Environment (ACE): What’s new? What’s planned? 
STB  Final Rule  08/03/11  EP 542 (Sub-No. 19): Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services – 2011 Update
Keywords: Regulation

7/28/2011 Announcement 
46628 (76)  The Board adopts its 2011 User-Fee Update and revises its fee schedule to reflect a combination of increased and decreased costs. Rules will become effective 09/02/11.

Announcement The Board provided 2011 updates for fees the public must pay when filing certain cases and pleadings with the Board. 
FMCSA  Notice amendment  07/26/11  FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC)Members
Keywords: EOBR, SAFETEA-LU, Safety

6/29/2011 Notice of meeting 
44650 (76)  FMCSA announces that the 08/01/11 and 08/02/11 meetings will be held at the Sheraton Crystal City in Arlington, VA. Meeting durations have been extended and will run from 8 am-5 pm both days.

38268 (76) The MCSAC held a subcommittee meetings 07/11/11 – 07/12/11 and will hold another 08/01/11 – 08/02/11. The meetings will be open to the public for their duration. Public comments may be heard at 4:30 p.m. on each meeting day.

Written comments are due 07/12/11 for the July meeting and 08/01/11 for the August meeting. 
EPA  Proposed Rule  07/11/11  EPA–R09–OAR–2011–0544: Approval and Promulgation of Implementation Plans; California Air Resources Board—In-Use Heavy-Duty Diesel-Fueled Truck and Bus Regulation, Drayage Truck Regulation and Ocean-Going Vessels Clean Fuels Regulation
Keywords: Emissions, Fuel Standards 
40652 (76)  EPA is proposing to approve revisions to the California State Implementation Plan that EPA expects to be submitted by the California Air Resources Board. These revisions concern three regulations that reduce emissions of diesel particulate matter (PM), oxides of nitrogen (NOX), sulfur dioxide (SO2) and other pollutants from in-use, heavy-duty diesel-fueled trucks and buses and from ocean-going vessels (OGV) operating within California jurisdiction.

Comments are due 08/10/11. 
STB  Announcement  07/07/11  EP 542 (Sub-No. 18): Regulations Governing Fees for Services
Keywords: Rail, Regulation 
Announcement  The STB announced that it is reducing the fee charged shippers to file a railroad rate or unreasonable practice complaint from $20,000 to $350, and is maintaining the $150 fee to file an expedited small rate case. 
FMCSA  Technical Corrections  07/05/11  FMCSA–2007–27659: Commercial Driver’s License Testing and Commercial Learner’s Permit Standards
Keywords: Highways, Safety

5/9/2011 Final Rule 
39018 (76)  FMCSA identified minor discrepancies regarding section references in the regulatory text of the final rule. This document corrects those section references.

The corrections are effective 07/08/11.

26854 (76) FMCSA amends the commercial driver’s license (CDL) standards. The rule requires states to issue a learner’s permit to aspiring truckers. In addition, applicants will have to pass CDL knowledge and skill tests and meet other qualification requirements.

In addition, the rule strengthens the standards for proof of legal US residence.

The final rule was effective 07/08/11.

States must be in compliance with the requirements by 07/08/14.

Additional Information 
FMCSA  Notice of draft strategic plan  06/29/11  FMCSA–2011–0098: The Federal Motor Carrier Safety Administration’s 2011–2016 Strategic Plan: Raising the Safety Bar
Keywords: Safety 
38267 (76)  FMCSA requests comment on its draft 2011–2016 Strategic Plan: Raising the Safety Bar. The plan provides continuing direction for FMCSA to further reduce crashes, injuries, and fatalities related to CMVs.

Comments are due 07/29/11. 
STB  Update  06/22/11  EP 705: Competition in the Railroad Industry
Keywords: Antitrust, Capacity, Freight, Rail, Regulation

2/4/2011 Announcement 
Opening Statement - Commissioner Mulvey  STB held the hearing on rail competition 06/22/11 – 6/23/11. A list of speakers who testified is available Announcement STB has agreed to delay its hearing on rail competition, originally scheduled for 05/03/11. The hearing will now take place 06/22/11.

Written comments are due 04/12/11. Replies were due 05/27/11. Notices of intent to participate in the hearing were due 06/10/11. 
FMCSA  NPRM  06/07/11  FMCSA–2011–0046: Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment
Keywords: Intermodal Equipment, Roadability 
32906 (76)  FMCSA proposes to delete the requirement for drivers operating intermodal equipment to submit and intermodal equipment providers to retain driver-vehicle inspection reports when the driver has neither found nor been made aware of any defects on the intermodal equipment used.

Comments are due 08/08/11. 
PHMSA  NPRM  04/29/11  PHMSA–2010–0227: Hazardous Materials: Restricting the Use of Cellular Phones by Drivers of Commercial Motor Vehicles in Intrastate Commerce
Keywords: HAZMAT, Safety 
23923 (76)  In an effort to bring PHMSA policy in line with overall DOT policy, the department proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, HAZMAT CMV drivers.

Comments are due 06/28/11. 
FMCSA  Final rule; partial extension oft  05/20/11  FMCSA-2005-23315 Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment
Keyword: Intermodal Equipment, Roadability

8/20/2010 Final rule; partial extension of compliance date

6/7/2010 Announcement

12/29/2009 Final Rule/Technical Amendments 
29169 (76)  51416 (75) In response to petitions, FMCSA has announced that the requirement to file no-defect DVIRs goes beyond stated requirements and is likely to provide only negligible safety benefits. Therefore, the department has determined that it may be necessary to issue a NPRM to propose eliminating the requirement for no-defect DVIRs. In the meantime, FMCSA has extended the compliance deadline from 06/30/10 to 06/30/11.

Announcement IANA launched their Driver Vehicle Inspection Report (DVIR) Processing System. The system assists motor carriers, intermodal equipment providers (IEPs), facility operators, and maintenance & repair vendors with regulatory compliance and identification of defective equipment.

DVIR reporting is required by 06/30/10.

Register for IANA DVIR processing services here: www.DVIR.Intermodal.org

68703 FMCSA publishes official register notice amending regulation to allow a fifth intermodal equipment marking option. Roadability Docket 
TSA/USCG  GAO Report  05/10/11  TSA–2006–24191 / USCG–2006–24196 Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector
Keyword: TWIC

12/10/2009 GAO Report 
GAO Report  The GAO has issued a report on the TWIC program, criticizing the program and highlighting gaps and loopholes in the program.

GAO Report The GAO has issued a report on the TWIC program, citing the progress in enrolling people, as well as the challenges facing card reader implantation.

TWIC Docket 
FMCSA  Notice; request for additional  04/13/11  FMCSA–2010–0167: RIN 2126–AB20 Electronic On-Board Recorders and Hours of Service Supporting Documents
Keywords: EOBR, HOS, Regulation, Safety

4/13/11 Notice; request for additional public comment

2/1/2011 NPRM 
20611 (76)  FMCSA has republished its call for comments. Comments were due 05/23/11.FMCSA has extended the deadline for public comment to 05/23/11.

5537 (76) FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require certain motor carriers operating CMVs in interstate commerce to use electronic on-board recorders (EOBRs) to document their drivers’ hours of service (HOS). 
PHMSA  Final Rule  02/28/11  PHMSA–2010–0221: Hazardous Materials: Limiting the Use of Electronic Devices by Highway
Keywords: HAZMAT, Highways, Safety 
10771 (76)  PHMSA is prohibiting texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials. Additionally, motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving.

This final rule was effective 03/30/11. 
FRA  Announcement  03/07/11  FRA–2008–0132 -- Positive Train Control Systems
Keywords: Rail, Regulation, Safety


9/27/2011 Final rule amendments

1/15/2010 Final rule; request for comment on specific issues 
Announcement  In response to requests from Class I Railroads and AAR, FMCSA has agreed to issue a new proposed rulemaking to reduce the number of route miles requiring positive train control (PTC) systems by about 10,000 miles.

59108 (75) FRA made amendments to the final PTC Rule. The amendments to the final rule are effective 11/26/10.

2598 (75) - FRA has issued a final rule guiding the implementation of the Positive Train Control (PTC) provisions included in the Rail Safety Improvement Act of 2008.

PTC Docket 
FMC  Final Rule  03/02/11  No. 10–03: Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements
Keywords: Cargo, Maritime Law 
11351 (75)  FMC is exempting licensed non- vessel-operating common carriers that enter into negotiated rate arrangements from the tariff rate publication requirements of the Shipping Act of 1984 and certain provisions and requirements of the Commission’s regulations.

The final rule was effective 04/18/11. 
FMCSA  GAO Report  02/25/11  Compliance Safety Accountability (CSA) program
Keywords: Regulation, Safety

12/13/2010 Update 
GAO Report  The GAO has released a report titled: Motor Carrier Safety: FMCSA Has Devoted a Small but Increasing Amount of Resources to Develop the Compliance, Safety, Accountability Program but Is Requesting a Significant Increase for Full Implementation.

CSA 2010 Website On 12/13/10, FMCSA launched its CSA 2010 program, rolling out the Safety Measurement System (SMS). 
STB  Public Hearing  02/24/11  Review of Commodity, Boxcar, and TOFC/COFC Exemptions: Docket No. EP 704.  Hearing Information  The STB held a hearing to review existing exemptions from railroad-transportation regulations for certain commodities, boxcar and intermodal freight.

Speaker List

DOT Filing

66187 
STB  NPRM  01/04/11  EP 697: Amtrak Emergency Routing Orders
Keywords: Amtrak; Rail; Regulation 
766 (76)  The Surface Transportation Board is proposing a new regulation that would ensure Amtrak’s intercity passenger train system can keep operating even if an emergency knocks out its normal routes. The regulation would allow Amtrak to order special access to alternative rail lines, owned by freight railroads, if necessary during an emergency.

Comments were due 2/7/2011. Reply comments were due 2/22/2011. 
DOT  FY 2012 Budget Request  02/14/11  FY 2012 DOT Budget Request
Keywords: Amtrak, Capacity, Funding, Grants, Highways, Infrastructure, Rail 
Link  The Administration released its FY 2012 Budget Requests, which included some large changes to the DOT portion. 
FMC  Notice of Inquiry  02/07/11  Federal Maritime Commission 2011 Agenda
Keywords: Capacity, Emissions, Maritime Law 
6616 (76)  FMC has issued a Notice of Inquiry for comment on the impact of slow steaming on U.S. ocean liner commerce. Generally, the FMC seeks public comment as to how the practice of slow steaming has (1) Impacted ocean liner carrier operations and shippers’ international supply chains; (2) affected the cost and/or price of ocean liner service; and (3) mitigated greenhouse gas emissions.

Responses were due 04/05/11.

Press Release On January 4th, FMC Chairman Lidinsky provided an overview of the Commission’s priorities for 2011.

FMC Order on Special Monitoring Requirements for Certain Global Alliance Agreements 
NHTSA/EPA  Proposed Rules/Correction  12/29/10  EPA–HQ–OAR–2010–0162/ NHTSA–2010– 0079: Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
Keywords: Emissions, Fuel Standards, Regulation

11-30-2010 Proposed Rules

11/5/10 Notice of Public Hearings

11/5/10 Proposed Rulemaking 
81952 (75)  EPA and NHTSA issued corrections to the original proposed rule.

74152 (75) EPA and NHTSA, are each proposing rules to establish a comprehensive Heavy-Duty National Program that will reduce greenhouse gas emissions and increase fuel efficiency for on-road heavy-duty vehicles.

Emissions Docket

Comments on all aspects of this proposal were due 01/31/11. 
FMC  Final Report  12/08/10  Fact Finding Investigation No. 26: Vessel Capacity and Equipment Availability in the United States Export and Import Liner Trades
Keywords: Capacity, Cargo, Freight



08/10 Update 
FMC Statement  In December, the Commission adopted the recommendations of the Report from Commissioner Dye.

Recommended Changes to Shipping Act-Chairman Lidinsky

The Commission will continue its oversight of the Transpacific and Westbound Transpacific Stabilization Agreements. The report also encouraged that the Commission continue its collaboration with intermodal businesses regarding container access and availability. 
FMCSA  Final Rule  09/27/10  FMCSA–2009–0370 - Limiting the Use of Wireless Communication Devices
Keywords: Highways, Regulation, Safety 
59118 (75)  FMCSA prohibits texting by CMV drivers while operating in interstate commerce and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving.

The rule was effective 10/27/10.

Wireless Restrictions Docket 
FRA  Final rule; rescission of Emergency Order No. 26  09/27/10  FRA–2009–0118: Restrictions on Railroad Operating Employees’ Use of Cellular Telephones and Other Electronic Devices
Keywords: Rail, Regulations,Safety

8/17/2010 Update 
59580 (75)  FRA is amending its railroad communications regulations by restricting use of mobile telephones and other distracting electronic devices by railroad operating employees.

Effective 3/28/11

Report FRA has released its initial report, “The Impact of Distracting Electronic Devices on the Safe Performance of Duties by Railroad Operating Employees”.

Cellular Restrictions Docket 
FMCSA  Notice  08/09/10  Elimination of USDOT Number Registrant-Only Classification Keywords: Intermodal Equipment, Safety   47883 (75)  FMCSA has decided to eliminate the ‘‘registrant-only’’ USDOT number as part of the Performance and Registration Information Systems Management (PRISM) program.

The change will be effective 09/01/11. 
CBP  Correcting Amendments  12/24/09  USCBP–2007–0077 - Importer Security Filing and Additional Carrier Requirements
Keywords: Cargo, Customs, Security 
68376 (74)  CBP has published correcting amendments to the 11/08 interim final rule. These amendments clarify the bond terms applicable to the importer security filing bond by adding the liability amounts for a breach of the bond and by adding a paragraph to cover a single transaction.

10 + 2 Docket