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Regulatory Update – Dec. 22, 2017

Update on Relevant Canadian Regulations

Transport Canada Publishes Proposed ELD Rule
On Dec. 16, 2017, Transport Canada published in the Canadian Gazette Canada’s proposed electronic logging device (ELD) requirement. The proposal requires drivers who currently use paper logs to use an ELD to record their hours-of-service (HOS) compliance, establishes specific supporting documents requirements and incorporates by reference a technical standard establishing minimum performance and design specifications for the devices. The proposal also has other minor HOS changes.

Update on Relevant U.S. Regulations

FMCSA Issues ELD Waiver to Ag Community
On Dec. 20, 2017, the Federal Motor Carrier Safety Administration (FMCSA) issued a 90-day waiver from the ELD requirement for the transportation of agricultural commodities. The waiver is in response to a request from the National Pork Producers Council on behalf of eight organizations representing transporters of livestock and other agricultural commodities. The waiver allows FMCSA time to consider ELD exemption applications from segments of the agricultural industry. This waiver is effective Dec. 18, 2017-March 18, 2018.

FMCSA Seeks Comment on Ag HOS Exemption Guidance
Also on Dec. 20, 2017, FMCSA published a notice and request for comment on proposed regulatory guidance to clarify the applicability of the “agricultural commodity” exception to HOS regulations. The guidance is being proposed to ensure consistent understanding and application of the exception by motor carriers and state officials enforcing HOS rules. Comments are due by Jan. 19, 2018.

FMCSA Seeks Comment on Personal Conveyance Guidance
On Dec. 19, 2017, FMCSA published a notice and request for comment regarding proposed regulatory guidance addressing the driving of a commercial motor vehicle for personal use while off-duty, referred to as “personal conveyance.” Specifically, the guidance focuses on the purpose of the movement, rather than whether or not the vehicle is laden. Comments are due by Jan. 18, 2018.

FMCSA Releases ELD Implementation Update
On Dec. 15, 2017, in advance of the ELD implementation deadline, FMCSA released an update document. The document highlights certain waivers and exemptions from the ELD requirement, as well as the agency’s announcement that ELD violations will not carry Compliance, Safety, Accountability (CSA) points until April 1, 2018.

PHMSA Publishes Updates on Special Permits
On Dec. 11, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

EPA Updates Federal Agency Hazardous Waste Compliance Docket
On Dec. 8, 2017, the Environmental Protection Agency (EPA) issued a notice updating the list of federal agencies that manage hazardous waste. The list is current as of Nov. 10, 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 portal and clicking on the “Exemptions Tracker” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Asks FMCSA to Review and Update Inspection Report Requirement
On Dec. 12, 2017, CVSA sent a letter to the FMCSA deputy administrator, asking the agency to review the requirement in §396.9(d)(3) that motor carriers return signed inspection reports to the jurisdiction. In the letter, CVSA asks the agency to consider steps to help alleviate this paperwork burden for both industry and enforcement by transitioning to an electronic system for certifying necessary repairs have been completed.

CVSA Requests Guidance Regarding Transport of Transformers
Also on Dec. 12, 2017, CVSA sent a letter to the Federal Highway Administration acting administrator, asking the agency to provide clarification and guidance on the definition of a “non-divisible load” regarding the transport of transformers containing fluid.