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Regulatory Update – Feb. 8, 2019

Update on Relevant U.S. Regulations

FHWA Requests Comment on NPRM that Allows South Dakota to Revise LCV Routes
On Feb. 6, 2019, the Federal Highway Administration (FHWA) published a notice of proposed rulemaking (NPRM) that allows South Dakota the opportunity to update routes for longer combination vehicles (LCV) and commercial motor vehicles with two or more cargo-carrying units. The NPRM is a result of a provision in the Fixing America’s Surface Transportation Act. Comments are due by March 8.

FMCSA Requests Comment on Motor Carrier Identification Report ICR
On Feb. 6, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice requesting comment on an information collection request (ICR) for motor carrier identification. The ICR is used to identify regulated carriers to prioritize agency activities and assess safety outcomes. Comments are due by April 8.

PHMSA Publishes Updates on Special Permits
On Feb. 6, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

OST Requests Comment on Regulatory Guidance
On Feb. 5, 2019, the Office of the Secretary of Transportation (OST) published a notice and request for comment on the use of existing regulatory guidance at the U.S. Department of Transportation. The OST requests feedback on any guidance that is a good candidate for repeal, replacement or modification. All guidance pertaining to commercial driver’s licenses will be addressed in a separate notice. Comments are due by April 8.

NHTSA Requests Comments on ICR on Crash Data
On Feb. 1, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an ICR on the collection of crash data. The ICR supports NHTSA’s crash data collection for the Fatality Analysis Reporting System. The collected data is used to inform decisions related to highway safety programs. Comments are due by April 2.

Update on Exemptions

FMCSA Grants ACPA 30-Minute Rest Break and RODS Exemption
On Feb. 6, 2019, FMCSA granted an hours-of-service (HOS) exemption for the American Concrete Pavement Association (ACPA). The exemption allows drivers transporting ready-mixed concrete, related materials and equipment in vehicles other than those equipped with rotating mixer drums, to use 30 minutes of on-duty “waiting time” to satisfy the 30-minute rest break requirement and return to their work reporting location within 14 hours, instead of 12 hours, while still utilizing the short-haul records of duty status (RODS) exemption. The exemption is effective Feb. 6, 2019-Feb. 6, 2024.

FMCSA Requests Comment on Joint HOS Exemption
Also on Feb. 6, 2019, FMCSA published a notice and request for comment on a joint HOS exemption application from the National Cattlemen’s Beef Association, Livestock Marketing Association, American Farm Bureau Federation, American Beekeeping Federation, American Honey Producers Association and the National Aquaculture Association. The application requests that transporters of livestock, insects and aquatic animals be allowed to drive 15 hours in a 16-hour period instead of 11 hours in a 14-hour period. Comments are due by March 8.

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 NPRM to Update the Incorporation by Reference of the CVSA Level VI OOSC
On Jan. 29, 2019, CVSA submitted comments to FMCSA supporting the amendment of the hazardous materials safety permit regulations to update the incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as Defined in 49 CFR Part 173.403.” The NPRM would update the regulations to reference the 2018 version of the Level VI Out-of-Service Criteria (OOSC).