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Regulatory Update – Aug. 21, 2020

Update on Relevant U.S. Regulations

NHTSA Requests Comments on Driver Interactions with ADAS ICR
On Aug. 21, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request (ICR) on driver interactions and behaviors when engaging with advanced driver assistance systems (ADAS). The ICR is to allow NHTSA to conduct an experiment monitoring drivers to determine their responses to various ADAS warning signals. Comments are due by Sept. 21.

FMCSA Rescinds Passenger Carrier No-Defect DVIR Recordkeeping Requirement
On Aug. 18, 2020, FMCSA published a final rule rescinding the requirement that drivers of passenger-carrying commercial motor vehicles submit, and the motor carrier retain, driver-vehicle inspection reports (DVIR) when there were no defects identified by the driver. The final rule is effective Sept. 17.

FMCSA Requests Comments on Beyond Compliance ICR
Also on Aug. 18, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an ICR to evaluate the effectiveness of various technologies, programs and policies on motor carrier safety performance. The agency intends to use this information in support of the beyond compliance program. Comments are due by Sept. 17.

FMCSA Requests Comments on Accident Recordkeeping Requirements ICR
Also on Aug. 18, 2020, FMCSA published a notice and request for comments on an ICR on accident recordkeeping requirements. The ICR is needed for the agency to require motor carriers to maintain a record of crashes involving their commercial motor vehicles. Comments are due by Sept. 17.

PHMSA Publishes Updates on Special Permits
On Aug. 12, 2020, the Pipeline and Hazardous Materials Safety Administration published updates on special permit applications:

Update on Exemptions

FMCSA Requests Comments on Netradyne Window Mounting Exemption Request
On Aug. 20, 2020, FMCSA published a notice and request for comments on an application from Netradyne Inc. for exemption from the window mounting requirements. Netradyne requests that its Driveri® dash cam be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Sept. 21.

NHTSA Requests Comments on Motorcoach Seat Belt Exemption Request
On Aug. 20, 2020, NHTSA published a notice and request for comments on a petition for temporary exemption from 13 manufacturers of “entertainment-type motorcoaches.” The manufacturers are seeking temporary exemption for these motorcoaches from the shoulder belt requirement of Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection for side-facing seats on motorcoaches. The manufacturers are requesting that they be able to install seat belts with lap belts only instead of the required lap and shoulder belts. Comments are due by Oct. 19.

FMCSA Requests Comments on AAR and ASLRRA Hours-of-Service Exemption Request
On Aug. 20, 2020, FMCSA published a notice and request for comments on the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association’s (ASLRRA) application for exemption from various hours-of-service requirements. AAR and ASLRRA are requesting that railroad workers responding to unplanned events be exempt from the requirement to take 10 consecutive hours off duty, the 14-hour duty period maximum, the 11 hours maximum driving time, the 30-minute rest break requirement and the maximum of 60/70 hours on duty in a 7/8-day work week. Comments are due by Sept. 21.

FMCSA Grants IANA Qualified Inspector Exemption Request
On Aug. 18, 2020, FMCSA announced the decision to grant the Intermodal Association of North America’s (IANA) request for exemption from the training requirements for individuals certified to conduct periodic inspections and qualified brake system inspections. The exemption allows individuals who have completed a training program consistent with the intermodal recommended practices developed by IANA to be considered qualified for the respective inspection programs. The exemption is effective Aug. 18, 2020-Aug. 18, 2025.

FMCSA Requests Comments on J. J. Keller Window Mounting Exemption Request
On Aug. 13, 2020, FMCSA published a notice and request for comments on an application from J. J. Keller & Associates Inc. for exemption from the window mounting requirements. J. J. Keller requests that its ADAS cameras be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Sept. 14.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Sends Letter to Transport Canada and CCMTA on ELD Guidance
On Aug. 7, 2020, CVSA sent a letter to Transport Canada and the Canadian Council of Motor Transport Administrators (CCMTA) requesting an update on a list of questions that were submitted related to the electronic logging device (ELD) regulations and technical standard. In March, CVSA provided training to its members on the Canadian hours-of-service requirements in preparation for the upcoming ELD mandate in Canada. During the training, questions were generated and later shared with Transport Canada and CCMTA seeking clarification on various portions of the ELD regulations and technical standard. CVSA’s letter requests an update on the status of the answers to those questions.

Other Items of Interest

FMCSA Extends COVID-19 Emergency Declaration
On Aug. 11, 2020, FMCSA extended the emergency declaration exempting commercial motor vehicle drivers who are transporting supplies directly related to the COVID-19 pandemic from Title 49 Code of Federal Regulations Parts 390-399. The exemption specifically applies to drivers transporting livestock, livestock feed, related medical supplies and equipment, supplies and equipment for community safety and sanitation, and paper products and supplies for restocking of grocery stores and distribution centers. The emergency declaration expires on Sept. 14.