1. Legislative & Regulatory Update – January 9, 2017
Presented by Rick Schweitzer, NPTC’s General Counsel

2. Topics for Discussion Continuing Resolution– HOS Restart Fix
New Drug and Alcohol Clearinghouse Rule
New Entry-Level Driver Training Rule
Status of other FMCSA Rulemakings
Trump Plan for Infrastructure Investment
New DOT Secretary, Policies
FMCSA Autonomous Vehicle Seminar
Questions and Answers

3. Continuing Resolution
Congress passed short-term continuing resolution to fund all government agencies through April 28, 2017
DOT appropriations enacted for FY 2016 requires certification by DOT IG that FMCSA study on restart changes show improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules before agency may revert to prior rules
But law removed statement that 34-hour restart would remain in place, just without once every 168 hrs. and 1:00 a.m.-5:00 a.m. requirements

4. 34-Hour Restart
FMCSA report to Congress has been drafted; once submitted, FMCSA would remove the HOS 34-hour restart entirely (revert back to HOS rules); all drivers would need to do rolling restart every 7 or 8 days to determine available on duty time
New 2017 CR language keeps current restart rules in place unless
DOT submits report to Congress and
Both FMCSA and DOT IG find that FMCSA study on restart changes show improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules
FMCSA study probably will not be released; if it is released, will not meet the standards necessary to change the restart provisions to include one restart per 168 hours and two periods of 1:00-5:00 a.m.

5. CSA Study—National Academy of Sciences
FAST Act required NAS to conduct 18 month study of CSA and SMS to analyze accuracy of BASICs in identifying high risk carriers and predicting future crash risk, severity
Review methodology used to calculate BASIC percentiles, weights assigned to violations, ties between crash risk and specific violations, use of non-fault crashes
Corrective Action Plan to be submitted to Congress 120 days after report, due in July 2017; how will FMCSA address deficiencies
DOT IG to assess whether plan complies with February IG Report on CSA

6. Entry-Level Driver Training Final Rule
FMCSA published final rule on December 8, 2016 on driver training curriculum, hours of instruction, self-certification standards for entry- level CDL drivers
Applicants for Class A or B CDL, or hazmat, passenger and school bus endorsements, would be required to complete designated knowledge and behind-the-wheel training from an instructional program that meets FMCSA standards
No minimum hours for knowledge or BTW components; OOIDA and safety groups have petitioned to reinstate minimum hours standard
Training entities must self-certify compliance with standards and be listed on FMCSA Training Registry
Three-year phase-in of requirements; carriers and rivers must comply by February 7, 2020

7. Drug and Alcohol Clearinghouse Final Rule
Final rule published December 5, 2016; establishes on-line clearinghouse of data on CDL drivers with positive drug or alcohol tests, refusals to take tests, or other testing violations
Three-year phase-in; compliance required January 6, 2020
Carriers/MROs must submit positive results and refusals to database; SAPs must input data on drivers undergoing return-to-duty processes
Prospective employers will query database on driver applicant’s record (with driver’s permission)
Carriers must make annual query to database for existing CDL drivers

8. Drug and Alcohol Testing Clearinghouse
Eliminates direct inquiries to prior employers once new system is in place
Carrier fees for access to the database will be determined later; drivers will not have to pay fees to access their own data
Drivers will be identified by the CDL number and state of issuance, not be Social Security Number
FMCSA will retain 25% random testing rate for controlled substances in 2017

9. ELD Court Challenge
Court of Appeals panel denied OOIDA petition for review of electronic logging device final rule on October 31, 2016
OOIDA argued that final rule did not require ELDs to automatically record changes in duty status, as set out in statute; still requires manual insertion of duty status changes, like paper logs (would require an impossibility)
Also argued harassment, privacy issues
OOIDA is seeking rehearing by the full court of appeals
Rule will go into effect in December 2017 as planned unless full court reverses panel’s decision

10. Speed Limiting Devices
Joint NHTSA/FMCSA NPRM published September 7, 2016; to affect all new class 7 and 8 vehicles
Would require use of devices on all heavy vehicles set at 60, 65 or 68 mph (also requested comments on no set upper limit)
NPRM would apply only to new vehicles
Did not propose retrofit for existing vehicles, but asked for comments on advisability
Four Senators requested retrofit rules for existing trucks

11. Trump Infrastructure Proposal
President-Elect Trump has proposed investing $1 trillion in infrastructure (highways, bridges, airports, ports, etc.) over the next ten years
Expected to be on legislative agenda in first 100 days of new Congress, but after tax reform and other regulatory reform efforts
Multi-agency task force developing details now; considering expanding private sector involvement, tax credits for investors, infrastructure bank, repatriation of foreign assets of U.S. corporations at lower tax rate
Some in Congress still proposing increased fuel taxes
More private investment will result in tolls or other fees to repay investors; NPTC has joined Alliance for Toll-Free Interstates to oppose new tolls on existing highway capacity

12. New DOT Secretary, Policies
Elaine Chao selected as new Secretary of Transportation; was Labor Secretary under George W. Bush, and Deputy DOT Secretary under George H.W. Bush
Confirmation hearing January 11
Married to Senate Majority Leader Mitch McConnell (R-KY)
FMCSA, other Administrators still TBD
Effect on FMCSA policies:
Safety Fitness rulemaking
Minimum Financial Responsibility requirements
Driver Wages Study
Sleep Apnea rulemaking
Speed Limiting Devices rulemaking

13. Unified Registration System Delay
FMCSA has announced delay in URS implementation
Previously, all hazmat private fleets must file evidence of insurance and all private fleets must file agents for service of process with FMCSA by April 14, 2017; these dates will be postponed
New Federal Register notice will be issued in January with revised compliance dates

14. FMCSA Autonomous Vehicle Workshop
January 5 workshop of federal, state regulators and industry personnel
FMCSA preparing policy statement for summer 2017 on approach to permitting AV operations (similar to NHTSA policy document); will contain model state regulatory policy
Questions on licensing, training, permits, driver hours of service, insurance and liability, vehicle marking, etc.
FMCSA has authority to allow pilot programs and exemptions from the FMCSRs
States also testing vehicles, developing policy and regulatory approaches; need for nationwide uniformity/preemption

15. Contact Info
Richard P. Schweitzer, PLLC
1717 K Street, N.W. Suite 900
Washington, D.C
(202)