WIXLIB

ATA Continues to Pursue Preemption Clarificationin FAA Authorization BillAs previously reported, ATA continues to urge Congress to clarifythe national uniformity it sought to establish when it included aprovision prohibiting states from regulating the trucking industryin the Federal Aviation Authorization Act of 1994. Section 611 ofthe currently pending House FAA authorization bill clarifies thatstates may not impose meal- and rest-break rules on top of thosepromulgated by FMCSA, or prohibit carriers from paying drivers ona piece-rate basis. Currently, Congress is pursuing a short-termFAA extension, which will likely result in a mid-July deadline. Pleaseclick here to review the Myths and Facts of the issue. To read Gov.Graves’ letter to Senate Commerce leadership explaining the needfor this clarification, click here. ATA Dispatch FMCSA to Issue Proposed Rule Helping VeteransBecome Truck DriversTomorrow [March 16, 2016], the Federal Motor Carrier SafetyAdministration will publish a proposed rule aimed at making it easierfor veterans and active duty military personnel to become licensedtruck drivers. The proposal, which seeks to implement componentsof the Military Commercial Driver’s License Act of 2012, wouldextend the from 90 days to one year the time period for applying fora skills test waiver after departing from the military. The rule wouldalso allow active duty military personnel to apply for a commerciallearner’s permit and commercial driver’s license in the state in whichthey are stationed, rather than their home state. States would beallowed to conduct knowledge and skills tests to out-of-state activeduty military and the home state would be required to accept theapplication and issue the licensing credentials. Comments on theproposal are due in 60 days. ATA Dispatch FMCSA Restores Carriers’ CSA “Measures” toPublic ViewOn March 7th, FMCSA made motor carriers’ Safety MeasurementSystem absolute measures in each BASIC publicly available againvia the agency’s Compliance, Safety, Accountability website. BASICmeasures represent a ratio of time and severity weighted violationsto some calculation of exposure (e.g., number of inspections).FMCSA compares carriers’ measures to determine percentilerankings (i.e. scores) in each BASIC. It is important to stress thatpercentile rankings and alerts were not restored to public display,only carriers’ measures were. The FAST Act passed by Congressin December required that percentile ranks and alerts be removedfrom the agency’s website, but that measures remain publiclyavailable. FMCSA removed measures shortly after passage of theAct until it could revamp its website to accommodate displayingthem. ATA Dispatch FMCSA Requests Data on Sleep ApneaRecently, the Federal Motor Carrier Safety Administration issuedan Advance Notice of Proposed Rulemaking to gather data onthe potential impacts, costs, and benefits of requiring driverswith obstructive sleep apnea to be evaluated and treated. Thisinformation could serve as the basis for a future proposed regulationon the issue. Currently, the regulations do not dictate what specificmedical conditions must be present in order for a medical examinerto mandate that a driver be evaluated for OSA (i.e., submit to asleep test). The lack of clear-cut rules has contributed to theinconsistent treatment of drivers exhibiting OSA risk factors (e.g.,high body mass index, large neck size). ATA believes that anyfuture rule concerning the screening and treatment of OSA shouldbe based on sound data and analysis. In particular, FMCSA needsto understand the scope of the problem, the number of crashesthat directly result from OSA, and determine if there is a need for asolution that can improve safety, but in a way that is both effectiveand cost-beneficial to drivers and fleets. ATA Dispatch FMCSA Redefines “High Risk” CarriersRecently, FMCSA changed its definition of “High Risk” carriers,those that are the highest priority for an agency compliance review(i.e. audit). Now, property carriers at or above the 90th percentilein two of the following BASICs for two months – and who have notbeen audited in the past 18 months- will be considered High Risk:Unsafe Driving, Crash Indicator, Hours of Service Compliance, andVehicle Maintenance. Previously, a carrier was considered HighRisk if it was either: 1) above the 85th percentile in the UnsafeDriving BASIC, Crash Indicator, or Hours of Service BASIC andabove the alert threshold in one other BASIC; or 2) above the alertthreshold in four or more BASICs. ATA Dispatch FMCSA Extends Safety Fitness DeterminationComment DeadlinesFMCSA has announced that it will extend the deadlines forstakeholders to file responses (i.e. comments) on its proposal touse CSA Safety Measurement System data to assign Safety FitnessDeterminations (i.e. safety ratings). In January, the agency hadproposed that a carrier could be deemed “Unfit” for exceptionallypoor performance in any two measurement categories, calledBehavioral Analysis Safety Improvement Categories, based solelyon roadside inspection data, on-site compliance review data,or a combination of the two. Rather than using SMS percentileranks (i.e. CSA scores) to assign SFDs as some had anticipated,FMCSA plans to use SMS “measures” – best described as a ratioof violations to inspections or some other measure of exposure.Carriers’ measures would be compared monthly against a “failurestandard,” a high threshold measure (e.g., 96th to 99th percentile ofall carriers), established in each BASIC. A summary of the proposedrule is available here. Comments on the proposal are now due May23, 2016. Interested stakeholders will also have an opportunity torespond to the comments submitted by other stakeholders. Theseresponses will be due June 22, 2016. ATA Dispatch March 2016 Missouri Memo3

Industry Groups Present Poster at FMCSARecognizing Professional DriversCSA Safety Measurement System “Measures” Dueto Be Publicly Displayed AgainOn March 14, representatives from ATA, the Owner-OperatorIndependent Drivers Association, the American Moving & StorageAssociation, the American Bus Association and United MotorcoachAssociation presented the Federal Motor Carrier SafetyAdministration with a poster honoring seventy-six professionaldrivers for their millions of miles of accident-free driving.“We present this poster on behalf of the truck and bus industryrecognizing these tremendous professional drivers,” Sean McNally,American Trucking Associations’ vice president of public affairs,said in a brief ceremony at FMCSA headquarters. We hope this willhang in the foyer so visitors and staff of FMCSA can be remindedthat they have many safety partners here, but none more importantthan our professional men and women who are behind the wheelof our trucks and buses.”“We’re pleased that FMCSA has taken this step to honor theprofessional men and women who move America’s goods safelyeach day,” said ATA President and CEO Bill Graves, “and welook forward to seeing it hung prominently in the halls of FMCSAheadquarters.”Acting FMCSA Administrator Scott Darling said the poster will behung in a formal event later this spring.A PDF of the poster can be downloaded here, and photos andvideo of today’s event can be found here. ATA Dispatch Early next week, motor carriers’ Safety Measurement Systemabsolute measures in each BASIC will once again become publiclyavailable via the Federal Motor Carrier Safety Administration’sCompliance, Safety, Accountability website. BASIC measuresrepresent a ratio of time and severity weighted violations to somecalculation of exposure (e.g., number of inspections). FMCSAcompares carriers’ measures to determine percentile rankings(i.e., scores) in each BASIC. It is important to stress that percentilerankings and alerts are not due to return to public display anytime soon, only carriers’ measures will. The FAST Act passed byCongress in December required that percentile ranks and alertsbe removed from the agency’s website, but that measures mustremain publicly available. FMCSA removed measures shortly afterpassage of the Act until it could complete a revamp of the websitethat would accommodate displaying them. ATA Dispatch EPA/NHTSA Seek Public Comment on NewInformation Regarding Phase 2 Truck FuelEconomy StandardsNew information and data has been posted for public comment byEPA and NHTSA relating to the Proposed Phase 2 Greenhouse Gasand Fuel Efficiency Standards for Trucks published on July 13, 2015.The new information, including memoranda and data, have beenplaced in both agency public dockets. Data relating to the potentialstringency of the proposed standards includes: powertrain data;additional aerodynamic test data; supplemental test data relatingto drive cycles (and frequency thereof) for vocational vehicles; andcycle average mapping data. The agencies are soliciting additionalcomment on certain revised test reports, and a revised versionof the Greenhouse Gas Emission Model used both in developingcertain of the proposed standards and in demonstrating compliancewith those standards. Additionally, EPA is soliciting further commenton memoranda relating to the applicability and implementation ofthe standards. These memoranda address potential requirementsfor selective enforcement audits and confirmatory testing relatedto greenhouse gas emissions, as well as applicability of emissionstandards and certification responsibilities for trailers, glidervehicles, and glider kits. Comments will be accepted through April1. To view the Federal Register notice click here. To view the newagency documents and/or submit comments click here or here. ATA Dispatch 4motrucking.orgATA Actively Pursuing Preemption Clarification inFAA Authorization BillAs part of the Federal Aviation Administration Authorization Actof 1994 (F4A), Congress broadly preempted states from regulatinginterstate motor carriers, to ensure that the trucking industry wouldbe shaped primarily by market forces under a nationally-uniformsystem of rules promulgated at the federal level. That Congressionalpolicy of uniformity has been widely hailed as a great success,resulting in a more productive, efficient, and safer interstate truckingindustry. But it is currently under threat by states and courts that arerefusing to faithfully implement the 1994 provision, and are allowingplaintiffs’ attorneys to use state regulation of trucking companies asthe basis of ruinous multimillion dollar class action lawsuits.ATA supports Section 611 of the pending House FAA authorizationbill, which will clarify that the 1994 F4A provision precludesstates from imposing meal- and rest-break rules on top of thosepromulgated by FMCSA, and from prohibiting carriers from payingdrivers on a simple piece-rate basis (i.e. by the load/by the mile).Contrary to what some opponents are saying, Section 611 will nottake away any break opportunities for drivers who need to rest—federal law already mandates that drivers take a break if they are tootired to drive, and imposes stiff penalties on carriers who interfere.Nor will Section 611 allow carriers to pay drivers any less—on thecontrary, the provision expressly requires that drivers paid by theload receive at least as much total compensation as they wouldhave been entitled to if they were paid by the hour.In fact, drivers strongly support a clarification like Section 611.Without it, states will be free to impose a patchwork of state-by-staterules on interstate carriers, resulting in confusion and inefficiencythat will harm not just carriers and drivers, but the shippers andconsumers who rely on trucks every day. Most recently, ATAPresident & CEO Bill Graves explained to members of Congresswhy the opposition to Section 611 is misguided, and urged them tosupport it. ATA Dispatch

California Looks to Expand Refrigerated TrailerRegulationThe California Air Resources Board has announced the firstin a series of public workshops to discuss how to further reduceemissions from transport refrigeration units when visiting certainCalifornia facilities such as grocery stores, distribution centers andcold storage warehouses. Initial concepts include phasing-in from2020 to 2030 the use of electric-standby or other technologies and/or implementing operational strategies to minimize the amount oftime spent at these facilities. Motor carriers and California facilityoperators are encouraged to participate in these workshops, thefirst of which will take place in Sacramento on April 13, 2016 at10 a.m. PT and be webcast live. As refrigerated carriers alreadyknow, the financial impact of this type of regulation will extend wellbeyond California’s borders. The workshop presents an opportunityto better understand what is being proposed, identify what costsare likely to be involved, and discuss what alternatives should beconsidered. Additional information can be found in the WorkshopNotice. ATA Dispatch MO Court Rules on Local TaxThe M

Elise Chianelli, PeopleNet Trucking 101 – Blue Text / Trucking 202 – Red Text 1:00 – 2:00 pm Surviving a DOT Audit Steff Copeland, MoDOT Motor Carrier Services; Rose Kastrup, CSA Advisors LLC; Ron Breau, Missouri Compliance Se