Regulatory Announcements & Related Information

FMCSA INTRODUCES COMPREHENSIVE SAFETY ANALYSIS 2010 (CSA 2010)

Comprehensive Safety Analysis 2010 is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce commercial motor vehicle-related crashes, injuries and fatalities. It introduces a new enforcement and compliance model that allows FMCSA and its State partners to contact a larger number of carriers earlier in order to address safety problems before crashes occur.

CSA 2010 focuses on seven safety-related factors, including unsafe driving, fatigued driving, driver fitness, substance abuse, vehicle maintenance, cargo-related issues and crash indicators.

CSA 2010 is currently being tested in six states. The program launches in summer 2010, replacing the current SafeStat system with a more comprehensive Safety Measurement System (SMS) that measures the previous two years of roadside violations and crash data. With SMS, every inspection counts, not just out-of-service violations, and both driver and carrier safety performance are monitored.

Click here for the CSA 2010 Web site

Click here for information specific to motor carriers and drivers

Roadability

No Defect DVIR Officially Effective August 20: The Federal Motor Carrier Safety Administration (FMCSA) has announced in the Federal Register that it would extend the compliance date with respect to the No Defect Driver Vehicle Inspection report (DVIR) submission requirement, outlined in section 390.42 (b), until June 30, 2011.

  • Click here to view the Federal Register notice.

    • Prior action: On July 30, 2010, the Federal Motor Carrier Safety Administration (FMCSA) announced that it would extend the June 30, 2010 compliance date that would become effective upon announcement in the Federal Register. Until publication, DVIRs for all equipment returned to an IEP were required.

    UPDATE, JULY 26, 2010: The FMCSA Web site containing the FMCSRs has yet to be updated to reflect the addition of the “roadability” rules within the regulations.

    On December 18, 2009, the FMCSA announced the release of several technical amendments and responses to petitions to the final roadability rule. Importantly, the deadline for formal submission of Driver Vehicle Inspection Reports (396.11 & 396.12) and Driver Vehicle Examination Reports (396.9) has been extended until June 30, 2010. All other provisions of the December 17, 2009 compliance date will remain unchanged.

    The Federal Motor Carrier Safety Administration's (FMCSA) "roadability" rule, published in the December 17, 2008 Federal Register, became effective on June 17, 2009. These regulations make intermodal equipment providers (IEPs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time, and establish shared safety responsibility among intermodal equipment providers, motor carriers, and drivers.

    The FMCSA has provided extensive information to assist Intermodal Equipment Providers (IEPs) with compliance as follows:

    FMCSA has also set up a Help Line at 1-800-832-5660 for questions regarding registration. For other inquiries, you may wish to contact FMCSA at IEPinfo@dot.gov.

    Key compliance dates:

    • Intermodal Equipment Providers (IEPs) must comply with the requirements for establishing systematic inspection, repair, and maintenance programs, recordkeeping systems, and for submitting Form MCS-150C by 12/17/2009.
    • IEPs must comply with the requirement to mark their intermodal chassis with a USDOT identification number by 12/17/2010.

    On January 16, 2009, the Association of American Railroads, the Institute of International Container Lessors, IANA and Ocean Carrier Equipment Management Association requested that the FMCSA give additional consideration to accepting an industry-proposed alternative to the four equipment marking options found in the final rule. The intermodal industry recommended an identification system that would use existing unique alpha-numeric control numbers currently appearing on chassis that would be matched to the appropriate intermodal equipment provider.

    The Global Intermodal Equipment Registry (GIER) virtual solution would provide a central database where all chassis in use throughout the United States are registered. This web-based portal with supporting applications will provide a comprehensive system to record ownership and operating control characteristics of intermodal equipment that can be used by government entities to determine regulatory compliance.

    Historical Information

    The Department of Transportation (DOT) announced a proposed schedule in December 2006 for its roadability rulemaking that could have resulted in issuance of a final rule on April 24, 2008. The publication date for the rule was delayed several times. The DOT said that additional coordination was necessary and that there had been other, higher priorities and unanticipated issues that required further analysis.

    Please click the links below for historical information relating to the proposed rule and subsequent actions:

    CARB — FINAL REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS ISSUED

    The California Air Resources Board (CARB) has issued a final regulation order, the purpose of which is to reduce emissions and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standards for in-use, heavy-duty diesel-fueled vehicles that transport cargo to and from California’s ports and intermodal rail facilities.

    This regulation applies to owners and operators of on-road diesel-fueled heavy-duty drayage trucks operated at California ports and intermodal rail yard facilities. The regulation also applies to “motor carriers,” “marine or port terminals,” “intermodal rail yards,” and “rail yard and port authorities.”

    Drayage trucks subject to the regulation must meet specific phase 1 compliance requirements by December 31, 2009 and phase 2 compliance requirements by December 31, 2013. The order provides complete details for drayage truck compliance, as well as the obligations for motor carriers that contract with the drayage truck operator and facilities where the drayage trucks do business.

    Click here to read the final regulation order.

    CARB — CALIFORNIA AIR RESOURCES BOARD "SMARTWAY" DRAFT REGULATIONS

    The California Air Resources Board (CARB) issued a draft regulation the week of June 2 that would establish a greenhouse gas reduction policy for heavy trucks. The rule would require future tractors (2011) that haul 53 ft. trailers to meet EPA “SmartWay” certification.

    This latest initiative is part of the state’s goal to reduce GHG emissions to 1990 levels by the year 2020. The “SmartWay” approach is designed to increase fuel efficiency by phasing in requirements for various streamlining techniques for tractors and trailers that would improve the miles per gallon of fuel consumed.

    Intermodal chassis and containers and drayage tractors are expected to be exempt from the final regulations. However, 53’ intermodal trailers would fall under the rules.

    Regulatory Documents