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Regulatory Update – April 5, 2019

Update on Relevant U.S. Regulations

NHTSA Withdraws Proposed Rule on Glazing Materials
On April 4, 2019, the National Highway Traffic Safety Administration (NHTSA) withdrew a proposed rule, originally published on June 21, 2012, to harmonize Federal Motor Vehicle Safety Standard (FMVSS) No. 205 on glazing materials with Global Technical Regulations. NHTSA was unable to conclude that the proposed rule would improve safety.

U.S. DOT Announces Meeting of the Advisory Committee on Human Trafficking
On April 1, 2019, the U.S. Department of Transportation (DOT) announced that the Advisory Committee on Human Trafficking will hold a meeting on May 16 at U.S. DOT headquarters in Washington, D.C.

PHMSA Announces Meetings on International Standards on the Transportation of Dangerous Goods
On March 28, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it will host four meetings in 2019 to solicit feedback in advance of international meetings on the transportation of dangerous goods. Once scheduled, information for the public meetings will be published on PHMSA’s website.

OST Requests Comment on Revised ICR on Agency Service Delivery
On March 28, 2019, the Office of the Secretary of Transportation (OST) published a notice requesting comment on a revision to a previously approved information collection request (ICR). The ICR would garner stakeholder feedback on U.S. DOT’s service delivery. Comments are due by May 28.

Update on Exemptions

FMCSA Requests Comment on NWRA HOS Exemption Request
On March 29, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comment on an application from the National Waste and Recycling Association (NWRA) for exemption from the 12-hour limit on the short-haul hours-of-service (HOS) exemption. NWRA requests that all short-haul drivers in the waste and recycling industry be allowed to return to their work reporting location within 14 hours instead of 12 and still qualify for the short-haul exemption. Comments are due by April 29.

FMCSA Requests Comment on PJH HOS Exemption Request
Also on March 29, 2019, FMCSA published a notice and request for comment on an application from PJ Helicopters Inc. (PJH) for exemption from certain HOS requirements when responding to, or returning from, an active incident at the request of a public agency or public utility. PJH requests that all ground support equipment operators be allowed to complete their driving in a 16-hour on-duty window instead of a 14-hour window and that they be allowed to utilize an 8-hour off-duty break to satisfy the required 10 hours off-duty. Comments are due by April 29.

FMCSA Publishes Correction to ELD Exemption Denial Notice
On March 28, 2019, FMCSA published a correction to an electronic logging device (ELD) exemption request denial notice, originally published on Dec. 7, 2018. The original denial misstated the name of the first applicant. The first applicant should have been the Power and Communication Contractors Association.

FMCSA Requests Comment on CMW Gravity or Syphon-Fed Fuel Systems Prohibition Exemption Request
Also on March 28, 2019, FMCSA published a notice and request for comment on an application from Charles Machine Works Inc. (CMW) for exemption from the prohibition on the use of gravity or syphon-fed fuel systems for auxiliary equipment installed on, or used in connection with, commercial motor vehicles. CMW states that these fuel systems would provide an equivalent to, or greater level of safety, as currently allowed fuel systems if the fuel systems are used only when the vehicle is parked. Comments are due by April 29.

FMCSA Requests Comment on Laydon Rear Identification and Clearance Lamp Placement Exemption Request
Also on March 28, 2019, FMCSA published a notice and request for comment on an application from Laydon Composites Ltd. (Laydon) for exemption from the placement requirements for rear identification lamps and rear clearance lamps. Laydon seeks an exemption that would allow motor carriers utilizing Laydon’s OptiTailTM aerodynamic device to have lamps lower than currently allowed. Comments are due by April 29.

NHTSA Requests Comment on Hemphill Motorcoach Shoulder Belt Exemption Request
On March 28, 2019, NHTSA published a notice and request for comment on an application from Hemphill Brothers Leasing Company LLC (Hemphill) for exemption from FMVSS No. 208 that requires shoulder belts be installed for side-facing seats on motorcoaches. Hemphill requests that it be allowed to install seat belts that have lap belts only. Comments are due by April 29.

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

U.S. Senate Confirms FHWA Administrator Nominee
On March 28, 2019, the U.S. Senate confirmed Nicole Hanson as the administrator of the Federal Highway Administration (FHWA). Hanson will oversee FHWA’s work in designing, constructing and maintaining the national highway system.