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Regulatory Update – Dec. 13, 2019

Update on Relevant U.S. Regulations

FMCSA Extends State Query Compliance Date for Drug and Alcohol Clearinghouse
On Dec. 13, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule delaying the compliance date for the requirement that state licensing agencies query the drug and alcohol clearinghouse before issuing commercial driver’s licenses (CDL). States must now comply with this requirement by Jan. 6, 2023.

PHMSA Publishes Updates on Special Permits
On Dec. 11, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on Financial Responsibility ICR
On Dec. 4, 2019, FMCSA published a request for comments on an information collection request (ICR) that is needed to ensure motor carriers meet the minimum financial responsibility requirements. Comments are due by Jan. 3, 2020.

Update on Exemptions

FMCSA Requests Comments on Harris ELD Exemption Request
On Dec. 13, 2019, FMCSA published a notice and request for comments on an exemption request from Harris Companies Inc. The application requests that all Harris Company employees who are subject to preparing a record of duty status be exempt from the use of electronic logging devices (ELD). Comments are due by Jan. 12, 2020.

NHTSA Grants Mack and Volvo Petitions for Inconsequential Noncompliance
On Dec. 11, 2019, the National Highway Traffic Safety Administration (NHTSA) announced the granting of petitions of inconsequential noncompliance from Mack Truck Inc. and Volvo Trucks North America. Both Mack and Volvo requested an exemption from the Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and displays. The decision exempts certain model year 2014-2019 Mack and Volvo trucks that do not fully meet the brake air warning requirements.

FMCSA Denies UPS ELDT Exemption Application
On Dec. 9, 2019, FMCSA announced the denial of an application from United Parcel Service Inc. (UPS) for exemption from provisions in the entry-level driver training (ELDT) final rule published on Dec. 8, 2016. FMCSA denied UPS’s request for an exemption that would allow instructors without a commercial driver’s license or behind-the-wheel experience to teach courses that cover driving theory only.

FMCSA Requests Comments on Republic Services Short-Haul Exemption Request
On Dec. 3, 2019, FMCSA published a notice and request for comments on an exemption request from Republic Services to allow its drivers to extend the 12-hour limit to the short-haul record of duty status exemption to 14 hours. Comments are due by Jan. 2, 2020.

FMCSA Requests Comments on Lytx Windshield Mounting Exemption
Also on Dec. 3, 2019, FMCSA published a notice and request for comments on an exemption request from Lytx Inc. to allow its advanced driver assistance systems to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. Comments are due by Jan. 2, 2020.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the information by logging into their CVSA member portal and clicking on the “Exemptions” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Petition to Define Yard Moves
On Dec. 4, 2019, CVSA submitted a petition to FMCSA to publish guidance on how “yard moves” apply to the hours-of-service regulations and conduct a rulemaking to define the terms “yard move” and “yard”.

CVSA Submits Comments on Great Dane Application for Inconsequential Noncompliance
Also on Dec. 4, 2019, CVSA submitted comments to NHTSA on an application of inconsequential noncompliance from Great Dane LLC. Great Dane determined that certain model year 2019 Great Dane Freedom Platform trailers do not comply with FMVSS No. 223, Rear impact guards, and FMVSS No. 224, Rear impact protection. The trailers do not have the required rear impact guard certification labels but otherwise meet the physical requirements outlined in the FMVSS. CVSA’s comments encourage NHTSA to grant CVSA’s related petition to remove the rear impact guard certification label requirement.

CVSA Submits Comments to NHTSA ANPRM on the Use of Rear Visibility Cameras
On Dec. 3, 2019, CVSA submitted comments to NHTSA’s advance notice of proposed rulemaking (ANPRM) on the use of rear-visibility cameras. CVSA’s comments outline commercial motor vehicle inspectors’ uses of rear-vision mirrors that should be considered when determining the safety benefits and impacts of the technology.