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Regulatory Update – June 26, 2020

Update on Relevant U.S. Regulations

FMCSA Announces MCSAC Meeting
On June 25, 2020, the Federal Motor Carrier Safety Administration (FMCSA) announced a public meeting of the Motor Carrier Safety Advisory Committee (MCSAC). MCSAC will meet virtually July 13-14. Meeting information and a live feed of the meeting can be found on FMCSA’s MCSAC webpage.

FMCSA Publishes Parts 350, 355 and 388 Final Rule
On June 24, 2020, FMCSA published a final rule amending Parts 350, 355 and 388, including the Motor Carrier Safety Assistance Program (MCSAP) requirements. As required by the Fixing America’s Surface Transportation Act, the rule amends the MCSAP allocation formula based on recommendations by the MCSAP Formula Working Group, requires states to adopt a three-year commercial motor vehicle safety plan and reorganizes the agency’s related regulations. CVSA submitted comments to the related notice of proposed rulemaking generally supporting the proposed changes and suggesting additional ways to clarify the requirements. The final rule is effective July 24. Petitions for reconsideration are due by July 24.

Update on Exemptions

FMCSA Corrects Lytx Windshield Mounting Exemption
On June 24, 2020, FMCSA published a correction to Lytx Inc.’s recently approved exemption. The exemption allows Lytx’s advanced driver assistance systems (ADAS) to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. In its original request, Lytx requested that the ADAS be permitted to be mounted 8 inches below the upper edge of the windshield wipers. In the granted exemption, FMCSA inadvertently stated that the ADAS could be mounted 8 inches below the top of the windshield. This notice corrects the original exemption to allow the ADAS to be mounted 8 inches below the upper edge of the windshield wipers, as originally requested. The correction was applicable on June 24, 2020.

FMCSA Renews SC&RA 30-Minute Rest Break Exemption
Also on June 24, 2020, FMCSA announced the renewal of the Specialized Carriers & Rigging Association’s (SC&RA) existing 30-minute rest break exemption. The exemption allows drivers of all specialized carriers transporting loads that exceed normal size and weight limits to operate without a 30-minute rest break. The exemption is effective June 18, 2020-June 17, 2025.

FMCSA Grants Illumination Fireworks Partners and ACE Pyro Hours-of-Service Exemption Request
On June 18, 2020, FMCSA announced the approval of an exemption application from Illumination Fireworks Partners LP and ACE Pyro LLC that allows the companies’ drivers who are staging fireworks shows to operate after the 14-hour window during the Independence Day period of June 28-July 8 each year. The exemption is effective June 18, 2020-June 18, 2025.

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.