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Regulatory Update – July 12, 2019

Update on Relevant U.S. Regulations

NHTSA Requests Comments on Crash Report Sampling System ICR
On July 12, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on the extension of an information collection request (ICR) for the Crash Report Sampling System (CRSS). The request would allow NHTSA to continue to collect a sampling of data from police-reported crashes to provide timely crash statistics. Comments are due by Sept. 10.

FMCSA Publishes Third Party CDL Testers NPRM
On July 9, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) to allow states the option of utilizing third party commercial driver’s license (CDL) testers. The rule would permit states to utilize third party skills test examiners to administer the CDL skills test to applicants if the examiner has also provided skills training to that applicant. Comments are due by Sept. 9.

FMCSA Published a Final Rule Updating CVSA Level VI OOSC Incorporation by Reference
On July 8, 2019, FMCSA published a final rule amending 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 amendment updates the regulations to reference the April 1, 2018 edition of the Level VI Out-of-Service Criteria (OOSC). The rule was effective on July 8, 2019.

FMCSA Publishes Certification of Inspectors NPRM
Also on July 8, 2019, FMCSA published an NPRM that would amend the regulations to incorporate by reference CVSA’s “Operational Policy 4: Inspector Training and Certification,” which outlines the required training and certification of those conducting driver or vehicle inspections, safety audits or investigations. If adopted, this rule would replace a 2002 interim final rule outlining this certification process. Comments are due by Sept. 6.

FMCSA Requests Comments on Medical Examiner ICR
On July 3, 2019, FMCSA published a notice and request for comments to renew an ICR utilized by medical examiners responsible for issuing Medical Examiner’s Certificates. The information collection can be voluntarily used by medical examiners to gather information on prescribed medications for drivers to assist in better understanding a driver’s medical qualification. Comments are due by Sept. 3.

FMCSA Requests Comments on Training Certification ICR
Also on July 3, 2019, FMCSA published a notice and request for comments on a revision to the “Training Certification for Entry-Level Commercial Motor Vehicle Operators” ICR. The revision would allow FMCSA to collect the necessary information to register providers of entry-level driver training and to provide State Driver’s Licensing Agencies with information on individuals who have completed training. Comments are due by Sept. 3.

Update on Exemptions

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 FMCSA Pilot Program to Allow 18-21-Year-Old Drivers
On July 12, 2019, CVSA submitted comments to FMCSA’s request for comments on a pilot program to allow 18-to 21-year-old drivers to operate in interstate commerce. CVSA’s comments encouraged FMCSA to exclude hazardous materials and passenger carriers from the program, make appropriate considerations to the impact of required safety technology on the pilot program results and provided considerations for potential data sources of younger driver safety performance.

CVSA Petitions FMCSA to Require Recurrent Controlled Substance Training for Company Supervisors
On July 9, 2019, CVSA submitted a petition to FMCSA requesting that the agency amend Title 49 Code of Federal Regulations § 389.603, Training for supervisors, to require controlled substances training for company supervisors be recurrent every three years. Given the increased levels of drug impaired driving, recurrent training would insure that supervisors have up-to-date training on recognizing controlled substance use.