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FMCSA delays incorporating training rule into FMCSRs

Agency responds to Administration’s ‘regulatory freeze’

Posted February 2, 2017

As the result of a memorandum from the new Administration, the Federal Motor Carrier Safety Administration (FMCSA) is temporarily delaying the effective date of its final rule titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators.” The effective date is moved from February 6, 2017, to March 21, 2017.

Basis for delay

On January 20, 2017, the Assistant to the President and Chief of Staff sent a memorandum entitled “Regulatory Freeze Pending Review” to the heads of Executive Departments and Agencies. It directed Agencies to temporarily postpone the effective dates of certain regulations that had been published in the Federal Register, but had not yet taken effect.

Specifically, it affected rules that were published within 60 days from the date of the memorandum. Because the FMCSA entry-level driver training final rule was published on December 8, 2016, with a future effective date, it fit within the scope of the memorandum. As a result, the agency is delaying the effective date until March 21, 2017. The Agency may consider delaying the effective date beyond March 21, 2017, consistent with the memorandum.

Compliance vs. effective date

This delay does not affect the rule’s compliance date. The compliance date is when the rule must be carried out, while the effective date is when it appears in regulatory text. The entry-level driver training compliance date remains February 7, 2020.

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