NHTSA to consider speed limiter rule in 2012

More than four years after the trucking industry asked the federal government to mandate speed limiters on new heavy-duty trucks, the National Highway Traffic Safety Administration announced that it would launch a rulemaking on the issue in 2012. In August, senior officials for NHTSA and the Federal Motor Carrier Safety Administration told proponents of speed limiters that they anticipated making a formal decision on launching a rulemaking by the end of 2010.

Both petitions proposed installation of devices on new trucks that would limit top speed to 68 mph on trucks with gross vehicle weight ratings (GVWR) greater than 26,000 pounds.

According to a notice published in the Federal Register, NHTSA is granting two separate petitions for rulemaking filed in 2006, one by the American Trucking Associations and the other by safety advocacy group Road Safe America along with nine trucking companies – Schneider National, C.R. England, H.O. Wolding, ATS Intermodal, Dart Transit, J.B. Hunt, U.S. Xpress, Covenant Transport and Jet Express.

Both petitions proposed installation of devices on new trucks that would limit top speed to 68 mph on trucks with gross vehicle weight ratings (GVWR) greater than 26,000 pounds. The major difference between the petitions is that Road Safe America and its nine carrier allies also want speed limiters mandated on all existing trucks built after 1990.

NHTSA’s notice granting the petitions does not explain why it won’t begin the rulemaking for more than a year. The notice does mention, however, that NHTSA expects FMCSA to publish findings of a study on the safety impact and associated economic benefits of speed limiters in commercial motor vehicles.

The decision to grant the petitions from ATA and Road Safe America to conduct a rulemaking does not mean that a final rule will be issued, NHTSA said in its Federal Register notice. “The determination of whether to issue a rule is made after study of the requested action and the various alternatives in the course of the rulemaking proceeding, in accordance with statutory criteria.”

Even if NHTSA ultimately doesn’t adopt the specific rule ATA and Road Safe America seek, speed limiters would become more common under another rule NHTSA and the Environmental Protection Agency already propose related to heavy-truck fuel efficiency and greenhouse gas emissions reduction. Under the EPA/NHTSA proposal, truck manufacturers would face mandates to increase fuel efficiency of tractor-trailers though use of several technologies, including vehicle speed limiters.

More information on the petitions for rulemaking and comments on those petitions are available at www.regulations.gov by searching NHTSA-2007-26851. – Avery Vise

IN BRIEF

* The Occupational Safety and Health Administration cited Elizabeth, N.J.-based New England Motor Freight Inc. for 17 violations after an employee sustained a foot injury while operating a forklift at a freight terminal. The company faces a total of $76,000 in fines for violations at several terminals.

* FMCSA issued regulatory guidance that establishes parity between paper and electronic records for signatures, expanding interested parties’ ability to use electronic methods. FMCSA said this guidance is intended to provide interested parties with uniform information regarding electronic signatures.

* The Pipeline and Hazardous Materials Safety Administration is revising its procedures for applying for a special permit to require an applicant to provide sufficient information about its operations to enable the agency to evaluate the applicant’s fitness and the safety impact of requested operations. The agency also is providing an online application option.

* The Federal Motor Carrier Safety Administration requested approval to revise and extend an Information Collection Request entitled “Hazardous Materials Safety Permits,” which requires companies holding permits to develop communications plans that allows for the periodic tracking of the shipments. Records must be kept for at least six months or be readily available to employees at the company’s principal place of business.

* At an event marking the one-year anniversary of FocusDriven, a nonprofit organization dedicated to advocating for victims of distracted driving, U.S. Transportation Secretary Ray LaHood reaffirmed his commitment to putting an end to distracted driving.