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FAST Act: Rulemakings

The Federal Motor Carrier Safety Administration (FMCSA) is actively working to implement the Fixing America’s Surface Transportation Act (FAST Act). The Agency has identified nineteen statutory provisions in the FAST Act that require rulemaking.

FMCSA has issued a final rule to implement eight non-discretionary provisions contained in the FAST Act.  The Agency’s adoption of these regulations is a non-discretionary, ministerial action that the Agency is taking without issuing a notice of proposed rulemaking and receiving public comment, in accordance to the good cause exception available to Federal agencies under the Administrative Procedure Act. These eight provisions are:

SECTION TITLEPROVISION DESCRIPTION
5206ApplicationsExtends the time frame of an approved exemption from up to two years to up to five years and prescribes related procedural provisions.
5507Electronic Logging Device RequirementsPermits a motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term ‘driveaway - towaway operation’ to use either paper records of duty status forms or electronic logging devices to record hours of service status.
5518Covered Farm VehiclesProvides that Federal transportation funding to a State may not be terminated, limited, or interfered with because the State exempts a covered farm vehicle from certain regulatory requirements.
5519Operators of Hi-Rail VehiclesDefines “hi-rail vehicle” and adds an exception to the hours-of-service rules for maximum duty time for affected drivers.
5521Ready Mix Concrete Delivery VehiclesDefines “driver of a ready mix concrete delivery vehicle” and adds an exception to the hours of service rules under which these drivers can work additional hours without the need to maintain records of duty status.
5522Transportation of Construction Materials and EquipmentModifies the exemption to the hours of service rules with respect to the air mile radius limitations for affected operators.
5524Exemptions from Requirements for  Certain Welding Trucks Used in Pipeline IndustryExempts operators of certain welding rig vehicles and the vehicles themselves from certain FMCSA regulatory requirements.
7208Hazardous Materials Endorsement ExemptionProvides that the Secretary shall allow a State, at its discretion, to waive the requirement for a holder of a Class A CDL operating in specified industries to obtain a hazardous materials endorsement to transport 1,000 gallons or less of diesel fuel under certain conditions.

The Agency will issue a second final rule to implement two grant-related non-discretionary provisions contained in the FAST Act.  The Agency’s adoption of these regulations is a non-discretionary, ministerial action that the Agency takes without issuing a notice of proposed rulemaking and receiving public comment, in accordance to the good cause exception available to Federal agencies under the Administrative Procedure Act. These provisions are:

SECTIONTITLEPROVISION DESCRIPTION
5101Grants to StatesOutlines the conditions for Basic MCSAP grant funds and other ministerial changes to definitions and grant award issues.
5106Motor Carrier Safety Assistance Program AllocationEstablishes an interim funding methodology to be used for fiscal year 2017 MCSAP grants until a new formula is established. This interim funding amount, calculated by using the MCSAP formula used for fiscal year 2016 plus the average of the funding awarded (or other equitable amounts) awarded to a State in fiscal years 2013, 2014, and 2015 for border enforcement and new entrant grants.

Beyond these two rules, the Agency will also undertake notice and comment rulemakings to address the following nine FAST Act provisions:

SECTIONTITLEREGULATORY ACTION
5106Motor Carrier Safety Assistance Program AllocationAfter the established Motor Carrier Safety Assistance Program working group makes a recommendation to the Secretary of Transportation regarding a new allocation formula, FMCSA will issue a Federal Register notice seeking public comment on the establishment of a new allocation formula.
5107Maintenance of Effort CalculationOnce a new MCSAP allocation formula is established, the Secretary may elect to waive or modify the baseline maintenance of effort required of States. If the Secretary elects to modify or waive the maintenance of effort calculation, FMCSA will initiate rulemaking.
5205Inspector StandardsFMCSA shall revise its regulations, as necessary, to incorporate by reference the certification standards for roadside inspectors issued by the Commercial Vehicle Safety Alliance.
5301Windshield TechnologyFMCSA will revise FMCSA regulations to exempt from 49 CFR 393.60(e) equal level or higher safety windshield mounted safety technology.
5401Opportunity for  Veterans (Provision 1)FMCSA will propose a rule to require State Driver’s License Agencies (SDLA) to provide certain exemptions and/or credits to military applicants who have prior related training and experience.
5401Opportunity for Veterans (Provision 2)FMCSA has proposed to extend an exemption, allowing qualified military personnel one year to transition to civilian driver status absent completion of the skills test.  Further, the proposed rule would allow a State to permit active duty military personnel stationed in the State to apply for a CDL through that State rather than their State of domicile.
5402Drug Free Commercial DriversAfter the Department of Health and Human Services issues scientific and technical guidelines for hair testing as a method to detect controlled substance use, FMCSA will initiate a rulemaking to permit hair testing as an acceptable alternative to urine testing for certain drug tests.
5403Medical Certification of Veterans for Commercial Driver’s LicensesFMCSA will initiate a rulemaking to develop procedures that will facilitate a Department of Veterans Affairs physician’s ability to perform FMCSA medical examinations and issue medical certificates to veteran commercial motor vehicle drivers.
5501Delay in Goods MovementFMCSA will initiate a rulemaking to establish a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading of such vehicles and at other points in the pick-up and delivery process.
Updated: Tuesday, December 20, 2016
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