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Regulatory Update – July 10, 2020

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On July 8, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

 

NHTSA Requests Comments on FMVSS No. 108 Information Collection
On July 7, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on the renewal of an information collection related to Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices, and associated equipment; Compliance Labeling of Retroreflective Materials Heavy Trailer Conspicuity. The information collection would seek information on the impacts of the current labeling requirements for retroreflective sheeting. Comments are due by Sept. 8.

NHTSA Requests Comments on ADS Testing Information Collection
On July 2, 2020, NHTSA published a notice and request for comments on a planned information collection on the testing of automated driving systems (ADS). The information collection would seek voluntary information from ADS technology companies that are testing the technology on public roads and state and local governments that have implemented ADS testing regulations. Comments are due by Aug. 31.

Update on Exemptions

FMCSA Grants Werner ELD Exemption Request
On July 7, 2020, the Federal Motor Carrier Safety Administration (FMCSA) announced the approval of an exemption application from Werner Enterprises that allows certain data fields to be excluded in electronic records of duty status (eRODS) files generated by electronic logging devices (ELD). During the first eight days that a driver transitions to Werner’s new ELD provider, Platform Science, the eRODS do not have to display the co-driver information, odometer elapsed, engine hours elapsed, engine hours total and odometer total fields. The exemption is effective July 7, 2020-July 7, 2021.

FMCSA Renews U.S. DOE 30-Minute Rest Break Exemption
On July 6, 2020, FMCSA announced the renewal of the U.S. Department of Energy’s (DOE) existing 30-minute rest break exemption. The exemption allows U.S. DOE contract drivers who are transporting security-sensitive radioactive materials to satisfy the 30-minute rest break requirement with 30 minutes of “attendance time” where the driver is watching the vehicle but not performing any other work functions. The exemption is effective June 30, 2020-Sept. 29, 2020.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits HOS Final Rule Petition for Reconsideration
On July 1, 2020, CVSA submitted a petition for reconsideration of FMCSA’s final rule amending the hours-of-service (HOS) regulations. The petition requests that the agency amend the rule to clarify if the adverse driving conditions provision can be combined with the short-haul exemption, set a daily maximum distance or time limit for the use of personal conveyance, and rescind or update exemptions that are no longer needed or accurate as a result of the changes in the final rule.