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Regulatory Update – Dec. 2, 2019

Update on Relevant U.S. Regulations

U.S. DOT Requests Comments on NETT Council Topics
On Nov. 26, 2019, the U.S. Department of Transportation (DOT) published a request for comments on topics that should be discussed by the Non-Traditional and Emerging Transportation Technology (NETT) Council. The council was formed in April 2019 to identify and resolve jurisdictional and regulatory gaps associated with non-traditional and emerging technology. Comments are due by Jan. 10, 2020.

NHTSA Delays Implementation of Changes to Odometer Disclosure Requirements
On Nov. 26, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice of the delayed implementation of the Oct. 2, 2019, final rule on electronic odometer disclosure systems. The delayed final rule changes which vehicles are exempt from the odometer disclosure requirements. The effective date of the final rule is delayed from Jan. 1, 2020, to Jan. 1, 2021.

NRC Publishes Category 1 and 2 Radioactive Materials Physical Protection Requirements Guidance and Request for Comments
On Nov. 20, 2019, the Nuclear Regulatory Commission (NRC) published draft revised guidance on NUREG-2155 that addresses the physical protection requirements of category 1 and 2 radioactive materials. Comments are due by Feb. 18, 2020

Update on Exemptions

FMCSA Grants Navistar Windshield Mounting Exemption Application
On Nov. 25, 2019, the Federal Motor Carrier Safety Administration (FMCSA) announced the granting of an application from Navistar Inc. to exempt commercial motor vehicles equipped with its advanced driver-assistance system from the windshield visibility requirements. The exemption is effective Nov. 25, 2019-Nov. 25, 2024.

NHTSA Grants YTC Petition for Decision of Inconsequential Noncompliance
On Nov. 21, 2019, NHTSA announced the granting of Yokohama Tire Corporation’s (YTC) petition for decision of inconsequential noncompliance. YTC requested an exemption from the Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 lbs) and Motorcycles. The decision exempts certain Yokohama brand RY023 replacement tires which incorrectly state the tire’s ply rating, load range and load capacity. The effected tires were manufactured Feb. 2, 2018-May 17, 2018.

FMCSA Denies PJH Hours-of-Service Exemption Application
On Nov. 21, 2019, FMCSA announced the denial of an application from PJ Helicopters Inc. (PJH) for exemption from certain hours-of-service provisions for its ground support equipment operators. The application requested that its drivers be permitted an 18-hour on-duty period and be permitted to restart the on-duty period with eight consecutive hours off duty.

FMCSA Denies North Shore Hours-of-Service Exemption Application
Also on Nov. 21, 2019, FMCSA announced the denial of an application from North Shore Environmental Construction Inc. for exemption from the 14-hour rule for its drivers responding to actual and potential environmental emergencies.

FMCSA Grants NWRA RODS Exemption Application
Also on Nov. 21, 2019, FMCSA announced the granting of an application from the National Waste and Recycling Association (NWRA) for exemption from the record-of-duty-status (RODS) regulations. The exemption allows all NWRA members’ drivers to operate under the short-haul RODS exemption when returning to their work reporting location within 14 hours instead of 12. The exemption is effective Nov. 21, 2019-Nov. 21, 2024.

FMCSA Grants KRD RODS Exemption Application
Also on Nov. 21, 2019, FMCSA announced the granting of an application from Kimble Recycling and Disposal Inc. (KRD) for exemption from the record-of-duty-status (RODS) regulations. The exemption allows KRD drivers who collect waste and recycling materials to operate under the short-haul RODS exemption when returning to their work reporting location within 14 hours instead of 12. The exemption is effective Nov. 21, 2019-Nov. 21, 2024.

FMCSA Denies Joint Hours-of-Service Exemption Application
Also on Nov. 21, 2019, FMCSA announced the denial of a joint application from the American Bakers Association and the International Dairy Foods Association from the hours-of-service provisions. The application requested that drivers engaged in the delivery of baked goods and milk products in anticipation of a natural disaster or emergency be exempt from the hours-of-service regulations.

FMCSA Denies Wolfe House Movers of Indiana Hours-of-Service Exemption Application
Also on Nov. 21, 2019, FMCSA announced the denial of an application from Wolf House Movers of Indiana LLC for exemption from the 60-hour/seven-day rule for its drivers engaged in transporting steel beams and dollies.

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 Comments on Matrix Medical Network Exemption Request
On Nov. 25, 2019, CVSA submitted comments to an exemption request from Matrix Medical Network seeking an exemption to allow its mobile team lead drivers to operate in a 16-hour on-duty window. CVSA commented that if granted, FMCSA should require drivers operating under the exemption and other relevant staff to participate in the North American Fatigue Management Program.

CVSA Submits Comments on SBTC ELD Exemption Request
Also on Nov. 25, 2019, CVSA submitted comments to FMCSA in opposition to an exemption request from the Small Business in Transportation Coalition (SBTC) for exemption from the electronic logging device (ELD) requirement on behalf of all motor carriers with fewer than 50 employees.