U.S. Legislative Issues

On August 3, the Federal Motor Carrier Safety Administration (FMCSA) issued an updated Electronic Logging Device (ELD) frequently asked questions (FAQ), available here. The updated FAQ aims to create a more user-friendly system and highlight critical ELD information regarding vehicles equipped with older engine components and specific exemptions.  

Congress directed FMCSA to develop the rule mandating the use of ELDs back in 2012 as part of the Moving Ahead for Progress in the 21st Century (MAP-21) highway funding bill. The final rule was published by the agency in December 2015. In its simplest form, an ELD is used to electronically record a driver’s Record of Duty Status (RODS), which replaces the paper logbook some drivers currently use to record their compliance with hours-of-service (HOS) requirements. Fleets have until December 18, 2017 to implement certified ELDs to record HOS. Fleets already equipped with electronic logging technology will have until December 2019 to ensure compliance with the published specifications.

Senate Confirms Former Pilot to Lead NTSB 

On August 3, the Senate confirmed Robert Sumwalt as Chairman of the National Transportation Safety Board (NTSB). Sumwalt was formerly the acting Chairman of the NTSB. He succeeded Christopher Hart, who remains on the NTSB's board. Sumwalt has pledged to focus on preventing deep budget cuts and maintaining adequate staff levels at NTSB. 

"I believe in investing in people by providing training, and I am fearful that, due to budgetary restrictions, we may run into a situation where we don’t have enough resources to provide training to maintain our edge," Sumwalt wrote in a questionnaire to the Senate Commerce Committee.  "Technology is advancing, and the agency needs to be postured to address the investigation needs associated with those changes," he added, noting unmanned aerial systems, autonomous vehicles and commercial space transportation as technological advancements.

Prior to NTSB, Sumwalt was a pilot for more than thirty years, 24 of which were spent working for Piedmont Airlines and U.S. Airways.  

Federal Regulators Drop Sleep Apnea Proposal 

On August 4, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) announced they will withdraw a 2016 advance notice of proposed rulemaking (ANPRM) seeking information on potential standards for screening and treatment mandates for commercial drivers and rail workers diagnosed with obstructive sleep apnea (OSA).

"OSA remains an ongoing concern for the agencies and the motor carrier and railroad industries because it can cause unintended sleep episodes and resulting deficits in attention, concentration, situational awareness and memory, thus reducing the capacity to safely respond to hazards when performing safety sensitive duties," the announcement said. "The agencies received valuable information in response to the ANPRM and a series of public listening sessions in May 2016."

Despite these lingering concerns and a slew of recent accidents linked to untreated sleep apnea, the notice stated that the "agencies believe that the current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA."