FMCSA Implementation of
`MAP-21
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`
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`September 28, 2012
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`MACROPOINT EX. 2009
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`
`MAP-21
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`
`
`September 28, 2012
`
`MACROPOINT EX. 2009
`
`
`
`Agenda
`
`• Welcome
`•
`Introductory Remarks – Administrator Ferro
`• MAP-21 Overview
`• MAP-21 Provisions for Discussion
`• Stakeholder Priorities and Feedback
`• Closing Remarks
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`2
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`Introductory Remarks
`Administrator Anne S. Ferro
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`3
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`MAP-21 Overview
`MAP-21 Overview
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`4
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`MAP-21 is a Strong Safety Bill
`
`The Moving Ahead for Progress in the 21st Century Act
`(MAP-21) provides FMCSA with important new enforcement
`tools to take unsafe operators off of our roads.
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`MAP-21 tracks FMCSA’s strategic framework to improve
`CMV safety by supporting its three core principles:
`•
`Raise the bar to enter the industry and operate on our roads;
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`Hold motor carrier and drivers to the highest safety standards
`to continue operations; and
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`Remove the highest risk drivers, vehicles, and carriers from our
`roads and prevent them from operating.
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`•
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`•
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`5
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`MAP-21 Includes a Large Number of Mandates for
`FMCSA to Complete
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`• MAP-21 directs the Agency to complete 29 new
`rulemakings within 27 months (which does not
`include rulemakings already underway by the
`Agency).
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`• This compares to 12 for FHWA; 10 for FTA; 7 for
`NHTSA; and 2 for PHMSA.
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`• MAP-21 also requires FMCSA to implement 34
`programmatic changes and complete 15 reports.
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`6
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`Congress Set an Aggressive Schedule to Meet These
`Mandates
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`Enactment Date
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`CVISN Program Report
`Financial Responsibility Report
`
`HOS Field Study Report
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`Min Driver Training Rule
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`Oct. 1, 2012
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`Apr. 1, 2013
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`July 1, 2013
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`Sept. 30, 2013
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`Oct. 1, 2013
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`Oct. 31, 2013
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`Vets CDL Report
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`EOBR Rule
`National Registry Rule
`Driver Notification Rule
`Hazmat Safety Permit Report
`Rental Truck Accident Report
`New safety inspection deadlines
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`D&A Clearinghouse Rule
`RR Crossing Rule
`Bus Rating Rule
`Driver Training Report
`Size and Weight Report
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`CDL Notification Report
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`Periods of Registration Rule
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`Apr. 1, 2014
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`Oct. 1, 2014
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`Nov. 29, 2014
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`Jan. 1, 2015
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`Oct. 1, 2015
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`Oct. 1, 2016
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`Proficiency Exam Rule
`Farm HOS Exemption Report
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`CDL Knowledge Report
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`Motorcoach Inspection Rule
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`7
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`MAP-21 Authorization Levels Are Largely Flat
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`Two year and three month authorization.
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`•
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` •
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`Authorization levels are mostly level:
`Administrative expenses ($244,144,000 in FY2012)
`–
`•
`$251,000,000 for FY 2013
`•
`$259,000,000 for FY 2014
`– Motor Carrier Safety Assistance Program ($212,000,000 in FY2012):
`•
`$215,000,000 for FY 2013
`•
`$218,000,000 for FY 2014
`CDL Program Implementation Grants ($30,000,000 in FY 2012)
`•
`$30,000,000 for FYs 2013 and 2014
`Border Enforcement Grants ($32,000,000 in FY 2012)
`•
`$32,000,000 for FYs 2013 and 2014
`Commercial Vehicle Information Systems and Networks Grants ($25,000,000 for fiscal year 2012)
`•
`$25,000,000 for FYs 2013 and 2014
`Safety Data Improvement grant program ($3,000,000 enacted for fiscal year 2012)
`•
`$3,000,000 for FYs 2013 and 2014
`New Entrant Audit program grants ($29,000,000 enacted for fiscal year 2012)
`•
`$32,000,00 for FYs 2013 and 2014
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`8
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`MAP-21 Overlaps with Many Agency Priorities
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`As a result, the Agency is already well underway
`on a number of MAP-21 mandates:
`• Electronic Logging Devices (SNPRM due March 2013)
`• Patterns of Safety Violations (NPRM due late 2012)
`• Safety Fitness Determination (NPRM due January
`2013)
`• Drug & Alcohol Clearinghouse (NPRM scheduled late
`2012)
`• National Registry 2 (NPRM scheduled March 2013)
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`9
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`FMCSA is implementing a number of MAP-21
`provisions that take effect Oct. 1, 2012
`• The Agency is incorporating new enforcement
`authorities and imminent hazard authority in its
`enforcement guidance
`• The Agency issued notice to States regarding new
`standards for large truck and bus safety grants
`• The Agency issued guidance on the exemptions for
`trucks hauling agricultural products and supplies
`• The Agency is finalizing proposed rulemakings on
`Patterns of Safety Violations and a Drug and Alcohol
`Clearinghouse, among others
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`10
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`
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`Two New Rules
`to Help Implement MAP-21
`1. Registration Rule – MAP-21 includes new
`registration requirements for motor carriers,
`brokers, and freight forwarders. This rulemaking
`will implement these new requirements.
`
`2. MAP-21 Omnibus Rule – This rulemaking will revise
`the regulatory text to incorporate 16 MAP-21
`provisions that are non-discretionary and self
`executing, like increased penalties and enhanced
`safety authorities.
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`MAP-21 Provisions for Discussion
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`12
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`Overview of Provisions
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`1. Electronic logging devices (formerly EOBRs)
`2. Written proficiency examination
`3. Financial responsibility requirements
`4. Minimum entry level training requirements
`5. Registration changes
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`13
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`#1. Electronic Logging Devices - Overview
`
`• Rulemaking must require use of electronic logging
`devices by carriers subject to the handwritten
`logbooks.
`• Compliance date would be 2 years after the
`publication of the final rule.
`• Devices must not be used to harass drivers.
`• Information collected must only be used for
`enforcement of the HOS requirements.
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`Electronic Logging Devices - Overview (cont’d)
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`• Performance and design standards:
`– FMCSA must define a standardized “user interface”
`to aid vehicle operator compliance and law
`enforcement review.
`– Unique vehicle operator identification
`– Data access, transfer for vehicle operators between
`vehicles, storage for a motor carrier, and transfer and
`transportability for enforcement officials
`• Certification criteria:
`– FMCSA must establish the criteria and a process for
`the certification of the devices.
`• Measures to preserve confidentiality of personal data.
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`Electronic Logging Devices – Questions
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`• How should the Agency address the issue of
`driver coercion, in particular from other
`participants in the supply chain that the
`Agency has not traditionally regulated?
`
`• Are stakeholders concerned with meeting the
`technical requirements of compliant EOBRs?
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`16
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`#2. Written Proficiency Examinations – Overview
`
`• MAP-21 mandates new written proficiency examination
`requirement as a condition for a person to be registered as a motor
`carrier, broker, freight forwarder, and household goods motor
`carrier.
`– For a motor carrier the written proficiency examination shall test a
`person’s knowledge of applicable safety regulations, standards, and
`orders of the Federal government.
`– Each broker and freight forwarder will be required to employ, as an
`officer, an individual who provides to the Secretary with satisfactory
`evidence of related rules, regulations, and industry practices.
`– MAP-21 also requires a household goods motor carrier to successfully
`complete a proficiency examination demonstrating knowledge and
`intent to comply with applicable Federal laws relating to consumer
`protection, estimating, consumers’ rights and responsibilities, and
`options for limitations of liability for loss and damage.
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`17
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`Written Proficiency Examinations - Questions
`
`• Who should be required to pass the test on
`behalf of the motor carrier?
`• Should the Agency consider requiring someone
`who passed the proficiency exam to be on duty at
`all times?
`• Is there a large testing program that the Agency
`should use as a model in developing its plans and
`concept?
`• How often and at what intervals should a person
`be allowed to re-test if he/she does not pass an
`exam?
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`18
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`3. Financial Responsibility Requirements - Overview
`
`• MAP-21 directs the Agency to issue a report on the
`appropriateness of the current minimum financial
`responsibility requirements under sections for motor
`carriers, brokers, and freight forwarders.
`• The report is due to Congress on April 1, 2013 and
`every four years thereafter.
`• The Agency maintains its authority to raise financial
`responsibility requirements for the motor carrier
`industry.
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`19
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`Financial Responsibility Requirements - Questions
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`• Do many carriers, brokers, and freight
`forwarders maintain liability levels above the
`current regulatory minimums?
`• Is there sufficient availability of coverage to
`support brokers and freight forwarders to
`increase their financial responsibility levels to
`$75,000 by October 1, 2013?
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`20
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`4. Entry Level Training Requirements - Overview
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`• MAP-21 requires the Secretary to establish, through
`rulemaking, minimum entry-level training
`requirements for all commercial motor vehicle
`operators.
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`• The rulemaking shall address –
`– knowledge and skills for motor vehicle operation,
`– specific requirements for hazmat endorsements,
`– create a certificate system for meeting requirements, and
`– require training providers to demonstrate that their
`training meets uniform federal standards.
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`21
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`Entry Level Training Requirements - Questions
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`Does the industry prefer hiring formally trained drivers?
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`• What kind of training schools are attractive to the industry?
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`Do drivers with such formal training perform better than other
`drivers?
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`Do formally trained drivers demonstrate an advantage in terms of
`average crash rate and compliance compared to other drivers?
`What is the measurable difference between the two groups?
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`Does the industry offer or require refresher training to its
`drivers? How often and on what terms? How long is the training?
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`22
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` •
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`5. Registration Requirements - Overview
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`• MAP-21 includes a large number of new registration requirements
`intended to ensure only responsible carriers, brokers, and freight
`forwarders enter the industry.
`
`• MAP-21 places three new requirements for registration as a motor carrier:
`– successfully complete a written proficiency examination to demonstrate
`knowledge of commercial motor carrier safety regulations;
`– being issued a USDOT number;
`– disclosing any relationship involving common stock, common ownership,
`common management, or common familial relationship between that person
`and any other motor carrier, freight forwarder, or broker, if the relationship
`occurred in the 3-year period preceding the date of the filing of the
`application for registration; and
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`• MAP-21 require motor carriers, freight forwarders and brokers to update
`their registrations within 30 days of the change of certain essential
`information.
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`23
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`Registration Requirements – Overview (cont’d)
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`• MAP-21 directs the Secretary to issue a distinctive registration number to a person
`for each authority to provide transportation or service for which the person is
`registered (i.e. brokering, freight forwarder, transportation).
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`• MAP-21 prohibits a motor carrier from brokering transportation services unless
`the motor carrier has registered as a broker.
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`• MAP-21 establishes experience and training requirements for freight forwarders
`and brokers and it requires brokers to register separately in order to provide
`transportation as a motor carrier. This section clarifies that a freight forwarder
`may not provide transportation as a motor carrier unless the freight forwarder has
`already registered to provide transportation as a motor carrier.
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`• MAP-21 directs the Secretary to determine through rulemaking an effective period
`of registration that shall not exceed five years. This section also directs the
`Secretary to require a freight forwarder or broker to renew its registration not later
`than four years after the date of enactment of MAP-21.
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`24
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`Registration Requirements - Questions
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`General:
`– What information should FMCSA require during the registration application /
`registration update process?
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`Sufficient Period of Registration:
`– Are there advantages to staggering the registration period so all carriers are not re-
`applying at the same time?
`– Would the frequency of the re-registration time frame have an impact on small carriers?
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`Registration fees
`– What is the impact, particularly on small companies, of an increase in the $300
`registration fee currently charged?
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`Registration Numbers
`– How are distinctive registration numbers useful to the public? If so, in what way?
`– What is the impact of requiring carriers to re-mark their vehicles with distinctive
`registration numbers?
`– What would be the most informative way to distinguish the numbers and what would be
`the length limitations if a distinctive numbering system is adopted?
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`25
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`•
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`Stakeholder Priorities and Feedback
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`26
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`
`
`— Safety
`
`
`Administration
`FederalMotor
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`Vier
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`Closing Remarks
`Closing Remarks
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`27
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