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Regulatory Update – Aug. 10, 2018

Update on Relevant U.S. Regulations

FMCSA Announces Intent to Publish ICR on CDL Test Standards
On Aug. 9, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published notice of its intent to request approval to revise and renew an information collection request (ICR) titled “Commercial Driver Licensing and Test Standards.” The ICR is being requested to help the agency ensure that drivers, motor carriers and states are complying with recordkeeping requirements. Comments are due by Oct. 9.

FMCSA Announces Revisions to the Listing of Designated and Restricted Routes for Hazardous Materials
Also on Aug. 9, 2018, FMCSA published notice of revisions to the Listing of Designated and Restricted Routes for Hazardous Materials. The revisions were effective Aug. 9, 2018.

NRC Issues Draft NUREG on Dry Storage and Transportation of High Burnup Spent Nuclear Fuel
On Aug. 9, 2018, the Nuclear Regulatory Commission (NRC) published a draft Nuclear Regulatory Commission Regulation (NUREG) for public comment. NUREG-2224 focuses on dry storage and transportation of high burnup spent nuclear fuel. Comments are due by Sept. 24.

NHTSA Announces Intent to Publish ICR on In-Vehicle Drowsiness Detection and Alerting
On Aug. 8, 2018, the National Highway Traffic Safety Administration (NHTSA) published notice of its intent to file an ICR for a study on the effectiveness of in-vehicle drowsiness detection and alert systems. Comments are due by Sept. 7.

Update on Exemptions

FMCSA Requests Comment on CRST Expedited CLP Exemption Application
On Aug. 9, 2018, FMCSA published a notice requesting comment on a commercial learner’s permit (CLP) requirements exemption application from CRST Expedited. The application requests an exemption from the requirement that CLP holders be accompanied by a qualified commercial driver’s license (CDL) holder, in the front seat of the vehicle, while the vehicle is in operation. Comments are due by Sept. 10.

FMCSA Requests Comment on Environmental Emergency HOS Exemption Application
Also on Aug. 9, 2018, FMCSA published a notice requesting comments on an hours-of-service (HOS) exemption application from HEPACO, Heritage Environmental Services, Lewis Environmental and Moran Environmental Recovery. The application requests a five-year exemption from the 14-hour rule for the drivers of the applicant companies when they are engaged in providing direct assistance in environmental emergencies or potential environmental emergencies. Comments are due by Sept. 10.

FMCSA Requests Comment on Missouri DOR CDL Exemption Application
On Aug. 8, 2018, FMCSA published a notice requesting comments on a CDL regulations exemption application from the Missouri Department of Revenue (DOR). The application requests a renewal of an exemption that allows Missouri DOR to waive mandatory knowledge test requirements for qualified veterans. Comments are due by Sept. 7.

FMCSA Requests Comment on Allied Beverage Group HOS Exemption Application
On Aug. 6, 2018, FMCSA published a notice requesting comments on an HOS exemption application from Allied Beverage Group. The application requests that the company’s short-haul drivers be allowed to return within 14 hours, instead of 12, without losing the short-haul 100-air-mile radius exemption status. Comments are due by Sept. 5.

FMCSA Announces Decision to Renew Virginia DMV Federal SPE Exemption
On July 30, 2018, FMCSA published notice renewing the Virginia Department of Motor Vehicles’ (DMV) exemption on behalf of commercial motor vehicle (CMV) operators who are licensed in Virginia from the federal Skills Performance Evaluation (SPE) Certificate. The exemption allows drivers with a state-issued SPE to operate CMVs in interstate commerce anywhere in the U.S. The exemption is effective July 8, 2018- July 8, 2023.

FMCSA Requests Comment on Groendyke Transportation Brake Lamp Exemption Application
Also on July 30, 2018, FMCSA published a notice requesting comments on a brake lamp requirements exemption application from Groendyke Transportation. The application requests that the company’s fleet be allowed to use pulsating brake lamps in addition to steady burning brake lamps required by the Federal Motor Carrier Safety Regulations. Comments are due by Aug. 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.