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Regulatory Update – June 15, 2018

Update on Relevant Canadian Regulations

CGSB Releases Draft Update to Class 1 Explosives Safety Standard
On June 4, 2018, the Canadian General Standards Board (CGSB) released a draft of the updated safety standards on packaging, handling, offering for transport and transport of class 1 explosives. The draft updates the list of explosives, adds packaging instructions, updates the references to other dangerous goods and reorganizes the standard. Comments are due by July 31.

Update on Relevant U.S. Regulations

U.S. DOT Announces “Solving for Safety Visualization Challenge”
On June 14, 2018, the United States Department of Transportation (U.S. DOT) launched the “Solving for Safety Visualization Challenge” to encourage the use of safety data in the development of innovative visualization tools that will reveal insights into serious crashes. Submissions are due by July 31.

FMCSA Announces Public Listening Session on Automated Driving Systems
On June 11, 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced that it will hold a public listening session focused on regulations that may be a barrier to safely integrating automated driving systems in commercial motor vehicles (CMVs). The session is on June 19 at the University of Michigan.

FMCSA Announces Process for VA Physicians to be Added to Medical Examiners Registry
Also on June 11, 2018, FMCSA published a final rule that amends regulations to provide an alternative process for Veterans Affairs (VA) physicians to be added to the national registry of certified medical examiners. This change comes in response to a provision in the Fixing America’s Surface Transportation (FAST) Act. The final rule is effective August 10; petitions for reconsideration are due by July 11.

PHMSA Publishes Updates on Special Permits
On June 11, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications.
List of Applications for Special Permits – Comments are due by July 11.
List of Applications for Modification of Special Permits – Comments are due by June 26.
Notice of Actions on Special Permit Applications – Comments are due by July 11.

FMCSA Releases HOS Guidance for Transportation of Agricultural Commodities
On June 7, 2018, FMCSA published regulatory guidance to clarify the agricultural commodities exemption to hours-of-service (HOS) regulations. The guidance outlines the definition of the “source” of agricultural commodities and explains how to record the 150 air-mile exemption on electronic logging devices (ELDs). The guidance is effective June 7, 2018-June 7, 2023.

FMCSA Releases Guidance on Use of CMVs for Personal Conveyance
Also on June 7, 2018, FMCSA published regulatory guidance on the use of CMVs for personal conveyance. The guidance clarifies that CMV operators can use the personal conveyance status when driving for off-duty personal use, even if the vehicle is laden. Examples of appropriate use provided: traveling from en route lodging to restaurants or entertainment, commuting between personal residence and terminals, moving to a safe location for rest, moving a CMV at the request of a safety official, transportation of personal property and traveling home after working at an off-site location. The guidance is effective June 7, 2018-June 7, 2023.

FMCSA Releases Final Rule Correction Making Small Corrections to FMCSRs
Also on June 7, 2018, FMCSA published a technical correction to the final rule that allows FMCSA to make minor changes and amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) originally published on May 17, 2018. The correction is effective June 18.

Update on Exemptions

FMCSA Requests Comment on APA HOS Exemption Application
On June 8, 2018, FMCSA published a notice of an HOS exemption application from the American Pyrotechnics Association (APA). APA is requesting three carriers, Artisan Pyrotechnics Inc., Montana Display Fireworks Inc. and ZY Pyrotechnics LLC, be added to the existing HOS exemption that applies to 50 pyrotechnic carriers. The existing exemption is set to expire July 9, 2020. If granted, these additional three carriers would be subject to the same expiration date. Comments are due by July 9.

FMCSA Requests Comment on SBTC ELD Exemption Application
On June 5, 2018, FMCSA published a notice of an ELD exemption application from the Small Business in Transportation Coalition (SBTC). The exemption requests that all motor carriers with fewer than 50 employees be exempt from the required use of ELDs. Comments are due by July 5.

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.

Other Items of Interest

U.S. DOT Inspector General’s Report States that PHMSA Needs to Provide Guidance on Notification of R&D Forums
A recent report from the U.S. DOT’s Inspector General states that PHMSA needs to provide written guidance on notifying people about research and development (R&D) forums. The report notes that PHMSA is adequately engaging stakeholders, but needs to provide written guidance on notification to broaden participation.