Regulatory Update – July 26, 2019

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Crime Prevention for Truckers
On July 23, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an information collection request (ICR) to allow for a study to understand the prevalence of harassment and assault against female truckers. Comments are due by Sept. 23.

FMCSA Publishes Final Rule on Human Trafficking CDL Disqualification
Also on July 23, 2019, FMCSA published a final rule that adds human trafficking to the list of offenses that permanently disqualify individuals from obtaining a commercial driver’s license (CDL). The final rule reflects changes made by Congress in the No Human Trafficking on Our Roads Act. The final rule is effective Sept. 23.

NRC Requests Comments on Disposal of Greater-than-Class-C Waste
On July 22, 2019, the Nuclear Regulatory Commission (NRC) published a draft regulatory basis and request for comments on disposal of certain types of greater-than-Class-C waste in low-level radioactive waste land disposal facilities. In addition, NRC plans to hold a public meeting to discuss the draft regulatory basis. Comments are due by Sept. 20.

FMCSA Partially Extends ELDT Compliance Date
On July 18, 2019, FMCSA published a notice of an extension of the compliance date to a portion of the entry-level driver training (ELDT) final rule. The compliance date for training providers to upload ELDT certification information into the Training Provider Registry and for state driver licensing agencies to receive ELDT information is extended from Feb. 7, 2020, to Feb. 7, 2022. The extension will allow FMCSA additional time to complete the system needed for the electronic transfer of certifications. Comments are due by Aug. 19.

NHTSA Requests Comments on Prevalence of Drug and Alcohol Use in Crash Victims
On July 16, 2019, the National Highway Transportation Safety Administration (NHTSA) published a notice and request for comments on an ICR to collect data on the prevalence of drug and alcohol use in crash victims. The ICR will specifically collect data regarding individuals seriously or fatally injured who are admitted to trauma centers or morgues shortly after a crash. Comments are due by Aug. 15.

PHMSA Publishes Updates on Special Permits
On July 16, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

Update on Exemptions

FMCSA Denies SBTC ELD Exemption Request
On July 17, 2019, FMCSA announced the denial of the Small Business in Transportation Coalition’s (SBTC) electronic logging device (ELD) exemption request. SBTC originally requested that all motor carriers with fewer than 50 employees be exempt from the required use of ELDs. CVSA filed comments in opposition to the exemption request.

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.

Other Items of Interest

FMCSA Announces Live ELD Q&A Sessions
FMCSA announced upcoming live ELD question and answer (Q&A) sessions. The Q&A sessions will be held by webcast and are intended for motor carriers, drivers and ELD providers. The sessions for motor carriers and drivers are scheduled for Aug. 13 and 15 and the sessions for ELD providers are scheduled for Aug. 12 and 14. More information can be found on FMCSA’s ELD website.

FMCSA Expands Drug and Alcohol Clearinghouse FAQs
FMCSA updated its frequently asked questions (FAQs) related to the drug and alcohol clearinghouse. The new FAQs are on FMCSA’s drug and alcohol clearinghouse website.