On August 1, 2011, the deadline for “large” motor carriers and other trailer fleet owners (those with 21 or more trailers) to seek delayed compliance with the Greenhouse Gas Emission Regulation (“GHG Regulation”) of the California Air Resource Board (“CARB”) passed.  For any large motor carrier that did not seek to file a delayed compliance plan, the GHG Regulation requires, with very few exceptions, that each 2010 model year or older 53 feet or longer trailer operating in California must either be SmartWay Certified or must be retrofitted with fuel saving technologies by January 1, 2013.  The effect of filing a delayed compliance plan was to allow carriers to stagger compliance (e.g., bring 20% of the California fleet into compliance per year until 100% compliance is reached on January 1, 2016), thereby avoiding a 100% compliance obligation on January 1, 2013.

It has come to our attention that a significant number of motor carriers may not have received notice of the passing of the deadline to file delayed compliance plans, or even that the filing of such plans was an option.  The firm is investigating the potential for late-submittal of plans that would provide carriers that did not file with a staggered compliance option so as to avoid a 100% compliance requirement by January 1, 2013.  If your company would be interested in investigating whether such relief is available, please do not hesitate to contact us.  If your company maintains a trailer fleet of 20 or fewer trailers, the deadline for filing a delayed compliance plan is July 1, 2012. We have conferred with the American Trucking Associations, Inc and it has advised the firm it is sending out alerts and working through this issue with its experts to possibly obtain relief on the deadline problem. It concurs with the firm that preparing and submitting a proper filing immediately is a prudent step despite the passage of the deadline.

Members of the SMC Regulations Committee, please see the following message below from Rob Abbott, ATA’s Vice-President of Safety:

I am writing to alert you to a change in the how FMCSA defines an “HM Carrier” for the purposes of applicability to lower intervention thresholds in CSA. 

As you likely know, HM carriers are subject to lower thresholds for agency intervention (than general freight carriers) in each of the seven measurement categories.  However, the agency has struggled with how to appropriately define an “HM Carrier” for this purpose.  Many motor carriers that transport HM only do so in very small quantities and, at that, often carry the least dangerous HM commodities (e.g. paint).  Accordingly, FMCSA has decided to apply the lower thresholds only to carriers that haul HM in placarded quantities (generally 1,001 lbs or more of most HM).  To identify these carriers, FMCSA now looks to see if any one of these three conditions applies: 

1)     The carrier has had a roadside inspection in the prior 24 months involving a quantity of HM that requires placarding; 

2)     An FMCSA compliance review revealed that the carrier hauls placarded quantities of HM; or

3)     The carrier holds an FMCSA HM permit.

The impact of this change is two-fold. Carriers that had not previously declared themselves as HM carriers (on their biennial MCS-150 form filing) but had a roadside inspection involving placarded HM in the prior 24 months now find themselves subject to lower CSA intervention thresholds (and perhaps assigned an “alert” status as a result due to scores over the lower threshold).  Conversely, carriers that had previously identified themselves as HM carriers but do not haul placarded quantities are no longer subject to the lower thresholds.

Naturally, ATA’s CSA Working Group and HM Policy Committee will be evaluating this change in the context of regular discussions on the program. Subsequently, the groups will make recommendations for ATA advocacy positions and priorities with respect to CSA. 

The Federal Motor Carrier Safety Administration (FMCSA) now requires carriers to file an update (MCS-150) every other year according to DOT numbers.   The next-to-last digit determines the year (if the digit is even you file on even years and if the digit is odd you file on odd years).  The last digit in your DOT number determines the month you file in.

Alternately, please feel free to file the MCS-150 on-line.  Two websites, http://www.safersys.org/and http://www.fmcsa.dot.gov/, can be used to file the MCS-150 electronically and/or print a hard copy for mailing.  Electronic filing allows carriers to fill out and submit the MCS-150 on-line.  By following the directions on the website carriers will be able to accurately and completely supply the required information.  The applicant will need to submit a valid credit card in order to file, but no charge will be assessed to the card.  The approved credit card will act as a digital signature on the document.  Carriers who file this way can rest assured...the website is secured to ensure the integrity of their credit card information.