TRUMP REGULATORY AGENDA


Continued from page 11


DOT. The same could be true for the recently issued large truck ‘phase 2’ fuel efficien- cy standards, a key component of Presi- dent Obama’s climate change action plan, although this rule was not congressionally directed. EPA and NHTSA established an effective date of late December 2016, which


may keep President Trump from slowing or outright reversing it, but the outcome on this is probably less certain than the ELD rule. The current moratorium is, however, very likely to affect the progress or future of other trucking rules in the pipeline. Below is a short list of some of the more controversial trucking-related rules initiated by the Obama Administration that will likely be snagged in Trump’s moratorium net, and either slowed or perhaps even withdrawn.


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1. Carrier Safety Fitness Determi- nations (using the CSA system) – published as a proposed rule in January 2016;


2. Obstructive Sleep Apnea – pub- lished as an advance notice of proposed rule in March 2016;


3. Speed Limiting Devices – published as a proposed rule in September 2016;


4. Financial Responsibility for Car- riers, Forwarders and Brokers – published as an advance notice of proposed rule in late 2014, and awaiting further regulatory action.


Also, it’s important to note that the Entry Level Driver Training regulation– recently published as a final rule in December 2016, with an original effective date of February 2017, has been slowed down (slightly) under the moratorium. Its February 2017 effec- tive date has been pushed back to March 21, 2017. But, given the broad stakeholder support for this rule, it’s very likely to move forward in late March.


Keep in mind that the four controversial trucking-related rules above are intended to improve safety—both industry safety and public safety—and withdrawing safety-re- lated rules could prove difficult for the new Administration. President Trump is not the first President to impose a regulatory freeze, and he won’t be the last. But, if his regulatory relief actions match his campaign promises, the number and type of regulations affecting the trucking industry over the next four years is likely to be very different than that of the last 8 years.


Editor’s note: This article was updated as of press time on Feb. 28.


Dave Osiecki, President of Scopelitis Transporta- tion Consulting, LLC, has spent the last 30 years working at the regulatory agency overseeing the trucking industry and, more recently, as a policy, regulatory and legislative expert at the American Trucking Associations in Arlington, VA.


18 Nebraska Trucker - Issue 1, 2017 nebtrucking.com


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