FMCSA vs. Trucks: Regulating Like There’s No Tomorrow? Updates to Motor Carrier “Lightning Round” Paper For 2016 TLA Annual/CTLA Midyear Conferences By MARK J. ANDREWS mark.andrews@strasburger.com

April 2016 Report on Significant Rulemakings Same 14 FMCSA items as were listed in March report Specific dates given for only 7 No major timing changes Publication of CDL clearinghouse postponed to August 16 Specific date for speed limiter publication removed; now just targeted for “Spring 2016” As usual, April report omits quasi-rulemaking actions of major importance to industry, such as those in Slide 5 below

Safety Fitness Determination Update FMCSA is pushing ahead with proposed “quickie” rule despite FAST Act restrictions on use of SMS data Emerging evidence shows that large percentage of carriers vulnerable to “unfit” finding based on roadside data alone are accident-free Radical hidden changes would be made in criteria for “unfit” findings based upon on-site audits, or based on a mixture of roadside and audit data Is the “Notice” of Proposed Rulemaking anything more than a smokescreen? Small Business Administration roundtable on May 5 will probe this issue and more

URS Update FMCSA continues to insist that the “URS Wizard” will be ready for use by all regulated parties on or before 9/30/16 But the final form is still not ready for previewing by the public TLA federal regulatory committee (FLAPS) welcomes your comments on how the “Wizard” is working for new registrants Join us at FLAPS meeting tomorrow afternoon at 4:15 pm

Items Omitted from April DOT Report Sleep Apnea – ANPRM remains pending, but apnea-related questions have been added to new FMCSA form required for driver physicals effective April 20 FMCSA continues to devise new uses for SMS methodology despite Fast Act review requirements New definition for “high risk carriers” – entirely SMS-based “Beyond Compliance” initiative would add a new BASIC for “brownie points,” rather than allowing carriers to improve percentile scores on existing BASICs One positive note: FMCSA belatedly will hold a roundtable on May 20 to air problems in collecting on broker/forwarder surety bonds, despite MAP-21 increases in bond amounts

And another positive note … The CMV crash and fatality data summarized in my paper is moving in the right direction According to FMCSA data released April 15, the fatal crash rate for large trucks per 100 million miles traveled went down by 6 percent from 2013 to 2014 Which again begs the question: where is the crisis requiring the FMCSA’s barrage of new regulations?

QUESTIONS? Contact Mark J. Andrews THANK YOU Telephone 202.742.8601 1025 Connecticut Avenue, NW, Suite 717 Washington, DC 20036 THANK YOU