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those that proactively provide remedies, incentives or safe harbors designed to stimulate business activity. If President Trump follows through
on his campaign promise to provide “regulatory relief,” he will likely issue a temporary regulatory ‘moratorium’ his fi rst week in the White House. While the breadth and scope of such a moratorium is uncertain at this point, it could mean that any regulation published by the Obama Administration that’s not yet eff ective, would be reviewed and scrutinized by President Trump’s new team. A determination would likely be made on whether those rules should go forward and become eff ective, or whether they should be withdrawn. More on this later as it relates to electronic logging devices and the recent large truck fuel effi ciency rules. A temporary moratorium is even more likely to mean that ongoing agency work
“It’s a safe bet that some (perhaps much?) of that regulatory work will be at odds with Trump Administration policy, and
will fi nd the cutting room (i.e., government cubicle) fl oor.”
on fi nal regulations not yet published, or recently published proposed rules, will slow, or come to a complete halt, until a determination can be made whether those rules align with Trump Administration policy. It’s a safe bet that some (perhaps much?) of that regulatory work will be at odds with Trump Administration policy, and will fi nd the cutting room (i.e., government cubicle) fl oor. T ese decisions will take time, perhaps many months until Department and Agency heads are nominated, confi rmed by the Senate and in place. Recent news reports estimate
4,000 new Trump appointees must be put in place, with more than 1,000 requiring some type of congressional approval. For many industries, including trucking, this delay and the review time itself under a moratorium will provide some relief. Turning to how the substance of the
trucking regulatory agenda might change, let’s start with two rules of importance: electronic logging devices and new fuel economy standards for large trucks. On electronic logging, while the compliance date was set by the Obama Administration for December 2017, technically speaking the ELD rule has been eff ective since February of 2016. T is eff ective date—established for ELD vendors to begin certifying their devices—coupled with the fact that Congress mandated the ELD rule and a federal Court of Appeals recently upheld it, likely means that it will not be aff ected by a Trump-initiated moratorium. T e same could be true for the recently issued large truck ‘phase 2’ fuel effi ciency standards, a key component of President Obama’s
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Photo: NASA 30 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017
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