1. 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

2. 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

3. 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

4. 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

5. 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

6. 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?

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