Regulatory Update – Sept. 15, 2017

September 18, 2017

Update on Relevant U.S. Regulations

NHTSA Releases Revised Voluntary AV Guidance
On Sept. 15, 2017, the National Highway Traffic Safety Administration (NHTSA) published revised voluntary guidance on autonomous vehicles. The document incorporates public comments made to the Sept. 2016 version. Comments are due by Nov. 14, 2017.

PHMSA Publishes Updates on Special Permits
On Sept. 13 and 14, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

Update on Exemptions

PCCA Requests ELD Exemption
On Sept. 14, 2017, the Federal Motor Carrier Safety Administration (FMCSA) published a notice requesting comments on an exemption request from the Power and Communication Contractors Association (PCCA). PCCA is requesting an exemption from the ELD requirement for all CMV operators in the power and communications construction industry. Comments are due by Oct. 16, 2017.

FHWA Seeks Comments on “Automobile Transporter” Definition
Also on Sept. 14, 2017, the Federal Highway Administration (FHWA) published a request for comments on a request to add non-cargocarrying tractor-high mount automobile semi-trailer combinations to the definition of “automobile transporter” in the FHWA’s guidance. Comments are due by Oct. 16, 2017.

FMCSA Seeks Comments on HOS Exemption Requests from Asphalt Industry
On Sept. 7, 2017, FMCSA published a notice requesting comments on two exemption requests from the National Asphalt Pavement Association (NAPA). NAPA is requesting exemptions for drivers engaged in the transportation of asphalt and related materials from the 30-minute rest break requirement and the requirement that short-haul drivers utilizing the record of duty status (RODS) exception return to their work reporting location within 12 hours of coming on duty. Comments are due by Oct. 10, 2017.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the document by logging into their CVSA member portal and clicking on the “Exemptions Tracker” tab at the top of the page.

Other Items of Interest

White House Announces FHWA and PHMSA Nominees
On Sept. 8, 2017, the White House announced the nomination of two U.S. Department of Transportation modal administrators. Paul Trombino has been nominated to serve as the administrator of FHWA and Howard Elliott has been named PHMSA administrator. Both nominees will have to be confirmed by the Senate. The White House has not yet named an administrator for FMCSA or NHTSA.