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Regulatory Update – Dec. 14, 2018

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On Dec. 14, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Re-opens IFRs Comment Period on Requirements for CDL Hazardous Material Endorsement
On Dec. 4, 2018, the Federal Motor Carrier Safety Administration (FMCSA) re-opened the comment period on two interim final rules (IFR), originally published in 2003, that outline the requirements of state licensing agencies to receive approval from the Transportation Security Administration before issuing a hazardous material endorsement on a commercial driver’s license (CDL). FMCSA plans to adopt the IFRs as final rules after considering the comments. Comments are due by Dec. 19.

FMCSA Extends Compliance Date of Lease and Interchange of Passenger Carriers Rule
Also on Dec. 4, 2018, FMCSA published an extension of the compliance date for the “Lease of Interchange of Vehicles; Motor Carriers of Passengers” final rule originally published on May 27, 2015. The extension allows FMCSA to review and respond to several petitions for reconsideration of the rule. The original compliance date was scheduled for Jan. 1, 2019, and is now scheduled for Jan. 1, 2021.

U.S. DOT Issues Update on Significant Rulemakings
On Dec. 3, 2018, the U.S. Department of Transportation (DOT) published its monthly report on significant rulemakings. The report included the following updates:

  • Certification of Safety Auditors, Investigators and Inspectors Notice of Proposed Rulemaking (NPRM) – Publication is scheduled for May 16, 2019.
  • Amendments to Motor Carrier Safety Assistance Program NPRM – Publication is scheduled for July 5, 2019.
  • Commercial Motor Vehicles Equipped with Automated Driving Systems (ADS) Advance Notice of Proposed Rulemaking (ANPRM) – Publication is scheduled for Dec. 28.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication is scheduled for June 30, 2019.
  • Transportation of Agricultural Commodities Definition ANPRM – Publication is scheduled for March 18, 2019.
  • Rear Impact Guard Retroreflective Tape for Single Unit Trucks Notice of Withdrawal – Publication was scheduled for Nov. 30, 2018.

Update on Exemptions

FMCSA Announces 10 HOS and/or ELD Exemption Application Denials
On Dec. 10, 2018, FMCSA announced the denial of 10 hours-of-service (HOS) and/or electronic logging device (ELD) exemption applications. The applications were from the Power and Construction Contractors Association, Western Equipment Dealers Association, Association of Energy Service Companies, Cudd Energy Services Inc., SikhsPAC and North American Punjabi Trucker Association, Owner-Operator Independent Drivers Association Inc., American Disposal Service, Towing and Recovery Association of America, National Electrical Contractors Association and the Agricultural Retailers Association.

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on U.S. DOT AV 3.0
On Dec. 1, 2018, CVSA submitted comments on the “Preparing for the Future of Transportation: Automated Vehicles 3.0” (AV 3.0) document published by U.S. DOT. The comments outline several areas of consideration important to the enforcement community, including how commercial motor vehicles equipped with ADS will interact with enforcement, regulations that need to be examined for applicability and the future development of vehicle to enforcement (V2E) technology.

CVSA Submits Comments to PHMSA RFI on Deployment of ADS
On Dec. 1, 2018, CVSA submitted comments to PHMSA’s request for information (RFI) on regulatory challenges to safely transporting hazardous materials with ADS-equipped commercial motor vehicles. The comments outline several areas of consideration on how regulatory requirements will be met by ADS-equipped commercial motor vehicles carrying hazardous materials. Additionally, the comments bring attention to the impact of a driverless commercial motor vehicle on the roadside inspection process.