FMCSA Publishes List of Upcoming Rules Affecting Energy Marketers

The U.S. DOT has published its latest Regulatory Agenda update showing where rules stand in the regulatory process and which rules will be proposed in the coming months.

The Regulatory Agenda is important to energy marketers because it provides a “heads up” on rules and regulations that will have an impact on their businesses.

EMA monitors the Regulatory Agendas of all agencies and submits comments on those impacting energy marketers. Here is what the Federal Motor Carrier Safety Administration has in store for energy marketers thus far in 2021.

Hazardous Material Vehicles and Railroad Grade Crossings

This rule would amend 49 CFR 392 to allow hazardous material vehicles to obey active traffic signals and signage at active railroad crossings rather than stopping at every instance. The FMCSA said the stop at all crossing rule is outdated because most crossings are now gated eliminating the need to stop and look both ways for oncoming trains. Proposed rule due out in August 2021.

Controlled Substances and Alcohol Testing: State Licensing Agency Downgrade of Commercial Driver’s License

FMCSA is proposing to prohibit state licensing agencies from issuing, renewing, upgrading or transferring a CDL or commercial learners permit for individuals prohibited under current regulations from driving a commercial motor vehicle due to drug and alcohol program violations. The driving ban is intended to keep these drivers off the road until they comply with their return to duty requirements under the U.S. DOT drug and alcohol testing program. Final was due out June 2021.

CDL Driver Record of Violations

This rulemaking would propose changes to eliminate a requirement that drivers operating commercial motor vehicles prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a provision requiring employers to make an annual inquiry to obtain the motor vehicle record for each driver it employs from every state in which the driver holds or has held a CDL in the previous year. FMCSA says this change will reduce paperwork burdens n drivers and employers. Final rule expected in December 2021.

Rear Impact Guards and Rear Impact Accessories; Certification Labeling and Annual Inspection Requirements

FMCSA would amend its parts and accessories regulations to update its current certification and labeling requirements for rear impact guards and include rear impact guards on the list of items that must be examined as part of the annual inspection of commercial motor vehicles. Final rule due out November 2021.

Commercial Driver’s License Standards, Requirements and Penalties; Exclusive Electronic Exchange of Driver History Record Information

Require states to implement a system for the exclusive electronic exchange of CDL driver history record information, including the posting of convictions, violations and disqualifications. This will allow enforcement authorities to instantly access all driver history records during roadside enforcement actions. Final rule was due out May of 2021.

Passenger Car and Light Truck CAFE Standards

This rulemaking would reconsider Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks that were established in the agency’s April 30, 2020 final rule. This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007. The statute requires that corporate average fuel economy standards be prescribed separately for passenger automobiles and non-passenger automobiles. For model years 2021 to 2030, the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles shall be the maximum feasible for each model year. The law requires the standards be set at least 18 months prior to the start of the model year. Proposed rule due out July 2021.

TAP HERE for all articles in July 19 EXPRESS Update