In an announcement to be published in the Federal Register for March 23, U.S.DOT’s Federal Motor Carrier Safety Administration (FMCSA or the Agency) is withdrawing a proposed rulemaking that, as most TLA members know, would have made radical changes in how FMCSA determines whether a bus or trucking company’s operations are sufficiently “safe” for it to remain in business. The Agency’s so-called “Safety Fitness Determination” (SFD) proposal was issued in January 2016.  The proposed SFD methodology, however, was of older vintage.  It was based on a “Safety Measurement System” (SMS) that had been adopted by FMCSA in 2010 without rulemaking.  Although SMS was promoted by the Agency as a superior alternative to the “official” system of safety ratings under 49 CFR Part 385, numerous stakeholders have been challenging SMS as statistically and legally flawed since its inception.  The multi-pronged attack on SMS has included judicial proceedings, agency comments and Congressional testimony.​The challenges to SMS culminated in December 2015, when Congress added provisions to the FAST Act requiring the National Academies of Science to consider and report on the need for reform of SMS methodology.  When the FAST Act did not deter the Agency from repackaging SMS into the SFD rulemaking only a month later, industry groups began efforts on Capitol Hill to de-fund the rulemaking.  Support for these efforts expanded rapidly throughout 2016.  Ultimately, 62 motor carrier trade associations (now including the American Trucking Associations) signed a letter to new U.S.DOT Secretary Elaine Chao on February 15, 2017, urging that the SFD proposal be withdrawn.  Its withdrawal marks the most significant setback for SMS/SFD methodology since its launch in 2010. It remains to be seen whether FMCSA (now operating under an acting Administrator) will open a new rulemaking on motor carrier safety determinations after the National Academies release the report required under the FAST Act.  The report is expected in June 2017.  In the meantime, if you need further background or detail on the SFD withdrawal announcement, please do not hesitate to contact either co-chair of TLA’s Committee on Federal Legislation, Agency Practice and Security (FLAPS).  They are Mark Andrews (mark.andrews@strasburger.com ) and Hank Seaton (heseaton@aol.com ).