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Regulatory Update – Feb. 23, 2018

Update on Relevant Canadian Regulations

Transport Canada Publishes Changes to Schedule XV
On Feb. 21, 2018, the Regulations Amending the Contraventions Regulations (Schedule XV) were published in Canada Gazette, Part II. The amendment makes changes to Schedule XV, as a result of amendments made to the Transportation of Dangerous Goods Act (TDGA) in 2009. Specifically, it amends certain existing short-form descriptions to more accurately reflect the wording of the offence as described in the TDGA; shortens the length of existing short-form descriptions already designated as contraventions so they can be reproduced in the allotted space on the ticket; and designates certain TDGA offences as contraventions by adding short-form descriptions and fine amounts.

Transport Canada Considers Dangerous Goods Shipper Registry
In February, Transport Canada announced that it is considering a shipper registration requirement that would require businesses that ship dangerous goods in Canada to register. The launch of the Transportation of Dangerous Goods Client Identification Database (TDG CID) in 2020-2021 will change how businesses that handle, offer for transport, transport or import dangerous goods in Canada interact with Transport Canada. TDG CID will require businesses to register with Transport Canada and provide information regarding company identification and dangerous goods activities. Comments are due by April 16, 2018.

Update on Relevant U.S. Regulations

PHMSA Seeks Comment on HM Shipping Paper ICR
On Feb 20, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice and request for comments on a proposed information collection request (ICR) regarding the requirement to provide shipping paper and emergency response information with shipments of hazardous materials.

NHTSA Announces Public Meeting on Automated Vehicles
On Feb. 13, 2018 the National Highway Traffic Safety Administration (NHTSA) issued a notice announcing a public meeting to identify any regulatory barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) to the testing, compliance certification and compliance verification of vehicles with Automated Driving Systems (ADS) and certain unconventional interior designs. The meeting will be in Washington, DC, on March 6, 2018, from 10 a.m.-3 p.m. EST.

U.S. DOT Announces Public Meeting on Automated Vehicles
On Feb. 12, 2018, the Office of the Secretary of the U.S. Department of Transportation (DOT) issued a notice announcing a public meeting to discuss DOT’s Automated Vehicles (AV) 3.0 document, which will provide a framework for automation in the surface transportation system and describe DOT’s multimodal approach to the safe rollout of AVs. The objectives of the public meeting are to get feedback on the draft AV 3.0 framework and identify priority federal and non-federal activities that can accelerate the safe rollout of AVs. The meeting will be in Washington, DC, on March 1, 2018, from 1-4 p.m. EST.

Update on Exemptions

CVTA Seeks Limited CLP/CDL Application Documentation Exemption
On Feb. 20, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments regarding an application from the Commercial Vehicle Training Association (CVTA) on behalf of the states for an exemption from certain requirements concerning the documentation required to demonstrate proof of U.S. citizenship or lawful permanent residence and to enable state driver licensing agencies (SDLAs) to accept commercial learner’s permit (CLP) and commercial driver’s license (CDL) applications from individuals relocating from Puerto Rico as a result of hurricanes Irma and Maria. Comments are due by March 22, 2018.

FMCSA Issues 90-Day Waiver to SLDAs Concerning CLP/CDL Application Documentation Requirements
Also on Feb. 20, 2018, FMCSA issued a limited 90-day waiver from certain requirements regarding proof of U.S. citizenship or legal permanent residence and domicile to enable SDLAs to accept CLP and CDL applications from individuals relocating from Puerto Rico as a result of hurricanes Irma and Maria. The waiver is effective Feb. 20, 2018-May 21, 2018.

FMCSA Confirms RVIA CDL Exemption
Also on Feb. 20, 2018, FMCSA published a notice reaffirming its renewal of the Recreation Vehicle Industry Association’s (RVIA) exemption from the federal CDL requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles to dealers or trade shows before retail sale. FMCSA announced its decision to renew RVIA’s exemption on April 12, 2017, pending a review of any comments received in response to that notice. After reviewing the comments, the agency has determined that RVIA’s operations may continue in accordance with the terms and conditions of the exemption renewal announced in April. The exemption expires on April 6, 2022.

FMCSA Grants STEMCO Lamp Exemption
On Feb. 14, 2018, FMCSA issued a notice granting STEMCO LP’s (STEMCO) application for a limited five-year exemption to allow motor carriers to operate certain commercial motor vehicles that are equipped with STEMCO’s TrailerTail® aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the agency’s regulations. The exemption is effective Feb. 14, 2018-Feb.14, 2023.

NECA Requests ELD Exemption
Also on Feb. 14, 2018, FMCSA issued a notice and request for comments on the National Electrical Contractors Association’s (NECA) request for an exemption from the electronic logging device (ELD) requirement for drivers operating vehicles used by contractors to install, repair and maintain the infrastructure of electrical utilities. Comments are due by March 16, 2018.

FMCSA Renews TowMate Lighting System Exemption
On Feb. 13, 2018, FMCSA issued a notice renewing TowMate, LLC’s current exemption allowing motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. The exemption is effective Feb. 9, 2018-Feb. 9, 2023.

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.

Other Items of Interest

USDOT Unveils New Strategic Plan
On Feb. 13, 2018, the U.S. DOT’s new strategic plan was released. The document addresses DOT’s strategic goals and objectives for fiscal years 2018-2022. It reflects the secretary’s priorities for achieving DOT’s mission through four strategic goals:

  • Safety: Reduce Transportation-Related Fatalities and Serious Injuries Across the Transportation System.
    Infrastructure: Invest in Infrastructure to Ensure Mobility and Accessibility and to Stimulate Economic Growth,
  • Productivity and Competitiveness for American Workers and Businesses.
  • Innovation: Lead in the Development and Deployment of Innovative Practices and Technologies that Improve the Safety and Performance of the Nation’s Transportation System.
  • Accountability: Serve the Nation with Reduced Regulatory Burden and Greater Efficiency, Effectiveness and Accountability.