Regulatory Update – Feb. 9, 2018

Update on Relevant U.S. Regulations

FHWA Seeks Information on Crash Reporting
On Feb. 8, 2018, the Federal Highway Administration (FHWA) published a notice and request for comments on an information collection request (ICR) the agency sent to the Office of Management and Budget (OMB) related to serious injury and fatality crashes. FHWA is seeking to assess each states’ ability to report serious injuries using the new federal definition, established by the Moving Ahead for Progress in the 21st Century Act (MAP-21). Comments are due by March 12, 2018.

FMCSA Provides Additional Guidance Regarding Crash Preventability Program
On Feb. 7, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice providing additional guidance and information regarding the agency’s crash preventability demonstration project. The project began on Aug. 1, 2017, for crashes that occurred on or after June 1, 2017.

FMCSA Publishes ICR on Collection of Qualitative Feedback
Also on Feb. 7, 2018, FMCSA published a notice seeking to revise an existing ICR titled “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” due to an increase in the annual cost to respondents. According to the notice, the ICR will allow for ongoing, collaborative and actionable communication between FMCSA and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management. Comments are due by March 9, 2018.

EPA Publishes Corrections to Listing of Hazardous Waste
Also on Feb. 7, 2018, the Environmental Protection Agency (EPA) published two corrections to the Code of Federal Regulations (CFR).

  • § 261.6 Requirements for recyclable materials: § 261.6(a)(2)(iv) is revised to read: Spent lead-acid batteries that are being reclaimed (40 CFR Part 266, Subpart G).
  • Part 261, Subpart C: the heading of S ubpart C is reinstated to read: ‘‘Characteristics of Hazardous Waste.’’

PHMSA Corrects Definition of “Specification Packaging”
On Feb. 5, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a CFR correction to § 171.8, reinstating the definition of ‘‘specification packaging’’ to read as follows: Specification packaging means a packaging conforming to one of the specifications or standards for packagings in Part 178 or Part 179 of this subchapter.

FMCSA Seeking Comment on National Consumer Complaint Database
On Jan. 31, 2018, FMCSA published a notice and request for comment on an ICR regarding the National Consumer Complaint Database, an online interface allowing consumers, drivers and others to file complaints against unsafe and unscrupulous motor carriers and/or their employees, shippers, receivers and transportation intermediaries. Comments are due by March 2, 2018.

Update on Exemptions

FMCSA Grants Daimler Windshield Placement Exemption
On Jan. 31, 2018, FMCSA announced its decision to grant Daimler Trucks North America LLC’s application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles manufactured by the company to use an attention assist and lane departure warning system camera mounted lower in the windshield than is currently permitted. The exemption is effective Feb. 1, 2018-Jan. 31, 2023.

Old Dominion Seeks ELD Exemption 
Also on Jan. 31, 2018, FMCSA published a notice seeking comment on an exemption request from Old Dominion Freight Line Inc. Old Dominion requested that the company be permitted to install electronic logging devices (ELD) devices running automatic on-board recording device (AOBRD) software in commercial motor vehicles added to the company’s fleet for up to one year from the Dec. 18, 2017, ELD compliance date. This modified ELD phase-in period will allow Old Dominion’s AOBRD/ELD provider, PeopleNet, to complete the development of the software necessary to integrate ELD data with the company’s fleet management and safety systems to fully meet the ELD mandate. If granted, the exemption would apply to all motor carriers in similar situations concerning the integration of PeopleNet’s ELD software into fleet management systems. Comments are due by March 2, 2018.

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 Submits Comments Regarding STC ELD Exemption Request
On Feb. 2, 2018, CVSA submitted comments to FMCSA in opposition to STC Inc.’s request for an exemption from the ELD requirements.

CVSA Submits Comments Regarding OOIDA ELD Exemption Request
On Jan. 31, 2018, CVSA submitted comments to FMCSA in opposition to an exemption request from the Owner-Operator Independent Driver Association (OOIDA) seeking an exemption from the ELD requirements for certain small trucking companies.

CVSA Submits Comments Regarding ADS ELD Exemption Request
On Jan. 29, 2018, CVSA submitted comments to FMCSA in opposition to American Disposal Services’ (ADS) request for an exemption from the ELD requirements.