WASHINGTON — The Federal Motor Carrier Safety Administration is making changes to two truck safety regulations to eliminate potential red tape and improve consistency and clarity for the industry.
In a final rule that takes effect on Friday, FMCSA is repealing for-hire motor carrier routing regulations as they relate to serving municipalities and unincorporated communities, according to a notice posted on Tuesday.
“The purpose of this final rule is to remove an outdated regulation … as it no longer accurately reflects the agency’s current statutory authority,” FMCSA stated.
The motor carrier routing regulation authorizes freight carriers and freight forwarders to serve points within the commercial zones and territorial limits of municipalities and unincorporated communities.
However, federal law does not authorize FMCSA to include routing limitations when granting operating authority to U.S.-domiciled motor carriers, the agency stated, which makes the motor carrier routing regulation obsolete.
“This final rule will remove the obsolete regulation thereby streamlining the CFR [Code of Federal Regulations] and eliminating a source of possible confusion for stakeholders.”
Final rules issued by FMCSA are routinely preceded by a notice-and-comment period. That will not happen in this case, because “retaining regulations that are unlawful is plainly contrary to the public interest,” the notice states.
“Agencies thus have ample cause and the legal authority to immediately repeal unlawful regulations. Furthermore, notice-and-comment proceedings are unnecessary where repeal is based purely on legal analysis. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary.”
In another final rule posted on Tuesday, a civil penalties schedule update, FMCSA is amending its regulations to remove the reference to rules under the Transportation Department’s “Procedures for Transportation Workplace Drug and Alcohol Testing Program” from the agency’s civil penalty schedule.
“Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations where this program is incorporated” into the regulations, FMCSA stated. “Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment.”
The agency explained that removing the reference to DOT’s drug and alcohol testing procedures will not affect FMCSA’s enforcement programs because any recordkeeping violations relating to testing for controlled substances and alcohol would be cited under a different part of the CFR.
“The amendment made in this final rule serves to remove an erroneous reference and to improve clarity for stakeholders,” FMCSA stated. “It is technical in nature and does not impose any new material requirements or increase compliance obligations.”
