FMCSA Discusses U.S.-Mexico Cross-Border Trucking, HOS, Etc.
On January 23, 2011, Federal Motor Carrier Safety Administration Administrator Ferro addressed the California Trucking Association’s Annual Management Conference and discussed an upcoming formal proposal for U.S.-Mexico cross-border trucking; the opportunity to comment on proposed rules on hours of service, electronic on-board recorders, etc.; the roll-out of the Comprehensive Safety Analysis (CSA); and the goal for surface transportation funding.
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Highlights of FMCSA Administrator Ferro’s remarks include:
Formal U.S.-Mexico Cross Border Trucking Proposal Expected in Coming Months
A formal U.S.-Mexico cross-border trucking proposal will be available in the coming months and an opportunity to comment will be provided.
(In early January 2011, Transportation Secretary LaHood released an initial concept document entitled “Phased U.S.-Mexico Cross-Border Long Haul Trucking Proposal,” which aims to end the U.S.-Mexico cross-border trucking dispute by prioritizing safety while satisfying U.S. international obligations1.)
FMCSA Conducting CSA Reviews, Issuing Warning Letters, 2nd Phase Coming
The CSA is FMCSA’s centerpiece safety enforcement program. By looking at all of the safety violations, not just out-of-service violations, and grouping them into more detailed categories related to unsafe behavior, FMCSA will have a better picture of the overall safety of a carrier. Under CSA, FMCSA and its state partners are now routinely conducting more efficient, focused onsite compliance reviews rather than a full compliance review every time.
In February 2011, FMCSA was slated to begin the process of issuing warning letters to carriers based on their status in the new safety measurement system. FMCSA is turning its attention to the second phase of CSA's roll out which will take place in late summer to early fall of 2011. During that time frame, FMCSA plans to publish a safety fitness determination notice of proposed rulemaking.
HOS, EOBR Proposed Rules Still Open for Comment, Add’l Rules to Come
FMCSA rulemakings, such as the hours of service (HOS) and electronic on-board recorder (EOBR) proposed rules, are still open for public comment2.
In addition, in 2011, the FMCSA is continuing to work on rulemaking actions that address commercial driver's license standards, entry-level driver training; driver physical qualifications; etc.
DOT Goal is to Enact Surface Transportation Reauthorization Before August 2011
According to Ferro, the Transportation Secretary’s goal is to have a long-term surface transportation reauthorization bill through Congress and signed by the President by the August 2011 congressional recess.
1Since termination of the U.S.-Mexico Cross Border Trucking Pilot in March 2009, Mexico imposed higher tariffs on 89 U.S. origin products starting on March 19, 2009. The tariffs were estimated to cost U.S. businesses $2.6 billion per year in lost sales. The list of products was modified effective August 19, 2010 to generally strengthen the sanctions that were previously imposed. The Obama Administration had been working to try to come up with a new trucking scheme so that the U.S. and Mexico can move beyond their dispute over this issue.
2Comments on the HOS proposed rule are due by March 4, 2011 and comments on the EOBR proposed rule are due by April 4, 2011.
(See ITT’s Online Archives or 01/07/11 news, 11010715, for BP summary of initial concept document for the U.S.-Mexico cross-border trucking program.
See ITT’s Online Archives or 02/17/11 news, 11021718, for BP summary of extension of HOS proposed rule comment period to March 4, 2011. See ITT’s Online Archives or 12/29/10 news, 10122907, for BP summary of HOS proposed rule.
See ITT’s Online Archives or 02/01/11 news, 1020137, for BP summary of EOBR proposed rule.
See ITT’s Online Archives or 08/20/10 news, 10082015, for BP summary of FMCSA’s preview of CSA safety ratings.
See ITT’s Online Archives or 02/09/11 news, 11020919, for BP summary on Congressional Committee leaders commitment to prioritizing surface transportation legislation. See ITT’s Online Archives or 02/28/11 news, 11022819, for BP summary on plans to consider surface transportation extension legislation during the week of February 28, 2011.)