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Regulatory Update – Aug. 18, 2017

Update on Relevant U.S. Regulations

FMCSA Withdraws Sleep Apnea Proposal
On Aug. 8, 2017, the Federal Motor Carrier Safety Administration (FMCSA), together with the Federal Railroad Administration, published a joint notice withdrawing the agencies’ advance notice of proposed rulemaking concerning obstructive sleep apnea.

FMCSA Proposes Changes to Rulemaking Procedures
On Aug. 7, 2017, FMCSA published a notice of proposed rulemaking making changes to the agency’s rulemaking procedures, revising the process for preparing and adopting rules, petitions and direct final rules. In addition, the proposal includes new definitions and makes general administrative corrections throughout the rulemaking procedures. The proposed changes are a result of language in the Fixing America’s Surface Transportation Act and the Administrative Procedure Act. Comments are due by Oct. 6, 2017.

Update on Exemptions

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 account and clicking on the “Exemptions Tracker” tab at the top of the page.

Other Items of Interest

New PHMSA Deputy Administrator Named
Drue Pearce has been named the deputy administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA), effective Aug. 7. Previously, Pearce served on PHMSA’s Technical Hazardous Pipeline Safety Standards Committee, one of two technical committees that advise PHMSA on the development of pipeline safety standards. She served for 17 years in the Alaska Legislature, including two terms as the Senate president. During the administration of George W. Bush, she served as the senior advisor to Department of Interior Secretaries Gale Norton and Dirk Kempthorne, advising primarily on Alaska affairs. She was the first federal coordinator in the Office of the Federal Coordinator for Alaska Natural Gas Transportation System Projects.