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Regulatory Update – April 6, 2018

Update on Relevant U.S. Regulations

FMCSA Seeks Comment on Maintenance Records ICR
On April 4, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comment on the agency’s plan to request approval from the Office of Management and Budget (OMB) to revise an existing information collection request (ICR) related to the requirement that motor carriers maintain record of vehicle maintenance activities. Comments are due by June 4, 2018.

DHS Seeking Comment on Hazmat Endorsement Requirement ICR
On April 4, 2018, the Department of Homeland Security (DHS) published a notice and request for comment on an existing ICR on security threat assessment for individuals applying for a hazardous materials endorsement for a commercial driver’s license. Comments are due by June 4, 2018.

PHMSA Seeking Input on Agency Performance 
On April 3, 2018, the Pipeline and Hazardous Materials Administration (PHMSA) published a notice and request for comment on the agency’s plan to request approval from OMB to conduct a generic ICR to collect qualitative feedback on agency service delivery. Comments are due by June 4, 2018.

PHMSA Publishes Technical Correction to Automated Vehicles Notice
On March 29, 2018, PHMSA published a technical correction to the agency’s recent notice and request for comment on information related to the development and potential use of automated technologies in hazardous materials transportation. Comments are due by May 7, 2018.

FMCSA Seeking Comment on Deployment of Automated CMVs
On March 26, 2018, FMCSA published a notice and request for comment on existing Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be updated, modified or eliminated to facilitate deployment of commercial motor vehicles (CMVs) equipped with automated driving systems (ADS). In addition, FMCSA is seeking comment on a preliminary review of the FMCSRs that identifies regulations that may relate to the development and safe introduction of ADS. Comments are due by May 10, 2018.

Update on Exemptions

Stoneridge Requests Exemption from Mirror Requirement 
On April 5, 2018, FMCSA published a notice and request for comment on an exemption request from Stoneridge Inc. seeking to allow motor carriers who operate CMVs equipped with the company’s MirrorEye Camera Monitor System installed as an alternative to the two rear-vision mirrors required by the FMCSRs. Comments are due by May 7, 2018.

Wilcox Truck Line Requests ELD Exemption
On April 4, 2018, FMCSA published a notice and request for comment on an exemption request from Wilcox Truck Line Inc. The company is seeking a five-year exemption from the electronic logging device (ELD) requirement when transporting loads in support of a program at the U.S. Department of Energy’s Idaho National Lab (INL). INL has submitted a letter confirming that security regulations require these loads must be free from being electronically tracked. Comments are due May 4, 2018.

Livestock and Insect Haulers Exempt from ELD Requirement
On April 4, 2018, FMCSA announced that livestock and insect haulers are not required to comply with the ELD requirement for the duration of the fiscal 2018 appropriations bill, which is effective until Sept. 30, 2018, as well as any subsequent continuing resolutions of the funding bill.

FMCSA Renews SDLA CLP Exemption
Also on April 4, 2018, FMCSA issued a notice announcing the agency’s decision to renew the Oregon Department of Transportation’s (ODOT) exemption from the commercial learner’s permit (CLP) requirements in 49 CFR Part 383. The exemption, which applies to all state driver’s licensing agencies (SDLAs), allows the agencies to extend to one year the 180-day timeline for the CLP from the date of issuance, without requiring the CLP holder to retake the general and endorsement knowledge tests. The exemption is effective April 5, 2018-April 5, 2019.

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.