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Regulatory Update – April 19, 2019

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On April 15, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

NRC Requests Comments on Draft Regulations for Transport of Radioactive Material
On April 12, 2019, the Nuclear Regulatory Commission (NCR) requested comments on draft regulations. NCR’s draft language seeks to harmonize the U.S. regulations on the transport of radioactive materials with the safety requirements of the International Atomic Energy Agency. Comments are due by May 28.

Update on Exemptions

FMCSA Requests Comments on APA HOS Exemption Request
On April 18, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an hours-of-service (HOS) exemption application from the American Pyrotechnics Association (APA). APA is requesting that four carriers, Celebration Fireworks Inc., International Fireworks Manufacturing Company Inc., Johnny Rockets Display Company and the Wald & Company All American Display Fireworks Company, be added to the existing HOS exemption that applies to the other 53 APA member pyrotechnic carriers. APA’s existing exemption allows drivers to exclude sleeper berth and off-duty time from the 14-hour window and utilize paper records of duty status during the Independence Day period of June 28-July 8 each year. The existing exemption is set to expire July 9, 2020. If granted, these additional four carriers would be subject to the same expiration date. Comments are due by May 20.

FMCSA Requests Comments on Extreme Logistics LLC HOS Exemption Request
Also on April 18, 2019, FMCSA published a notice and request for comments on an application from Extreme Logistics LCC for exemption from the 14-hour on-duty limit. Extreme Logistics LLC requests that the company’s drivers who are staging fireworks shows be allowed to exclude sleeper berth and off-duty time from the 14-hour window during the Independence Day period of June 28-July 8 each year. Comments are due by May 20.

FMCSA Requests Comments on Navistar Windshield Mounting Exemption Request
Also on April 18, 2019, FMCSA published a notice and request for comments on an application from Navistar Inc. for an exemption from the window mounting requirements. Navistar requests an exemption to allow its advanced driver-assistance systems (ADAS) to be mounted lower on the windshield than is currently permitted. Comments are due by May 20.

FMCSA Requests Comments on Ohio DPS CDL Exemption Request
Also on April 18, 2019, FMCSA published a notice and request for comments on an application from the Ohio Department of Public Safety (DPS) for an exemption from the commercial driver’s license (CDL) skills test requirements. Ohio DPS requests an exemption to modify the skills test requirements for qualified military veterans. Comments are due by May 20.

FMCSA Denies Fiat Chrysler ELD Exemption Request
On April 15, 2019, FMCSA announced the denial of Fiat Chrysler Automobile’s exemption application. Fiat Chrysler had requested that its drivers be exempt from the electronic logging device (ELD) requirement.

FMCSA Grants SmartDrive Windshield Mounting Exemption
Also on April 15, 2019, FMCSA announced the approval of SmartDrive System Inc.’s exemption application. The exemption allows ADAS cameras to be mounted on the windshield lower than is currently allowed. The exemption is effective April 15, 2019-April 15, 2024.

FMCSA Grants AFTC of ATA Cargo Securement Exemption
Also on April 15, 2019, FMCSA announced the approval of an exemption application from the Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA). The exemption allows for alternative methods of securement of agricultural commodities transported in wood and plastic boxes, large fiberglass tubs, and large grouped bales. The exemption is effective April 15, 2019-April 15, 2024.

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” tab at the top of the page.

Other Items of Interest

NTSB Publishes Preliminary Report on Gainesville Crash
On April 10, 2019, the National Transportation Safety Board (NTSB) released a preliminary report on the Jan. 3, 2019, crash of a 2016 Freightliner truck-tractor in combination with a semitrailer into multiple vehicles on Interstate 75 in Gainesville, Florida.