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Regulatory Update – June 28, 2019

Update on Relevant U.S. Regulations

U.S. DOT, NRC and DOE Publish Semiannual Regulatory Agendas
On June 24, 2019, the U.S. Department of Transportation (DOT) Office of the Secretary, the Nuclear Regulatory Commission (NRC) and the Department of Energy (DOE) published their semiannual Regulatory and Deregulatory Agendas that provide a summary of all current and projected rulemakings, reviews of existing regulations and actions completed by each agency. The purpose of each document is to provide the public with information on planned activities for the year.

NHTSA Publishes NPRM on Compressed Natural Gas and Fuel Container Labels
On June 21, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice of proposed rulemaking (NPRM) to change the labeling requirements in Federal Motor Vehicle Safety Standard (FMVSS) No. 304, which currently requires labels on compressed natural gas fuel containers to state that the container be visually inspected every 36,000 miles or 36 months. The proposed rule, which is a response to a petition from the American Trucking Associations and the Natural Gas Vehicles for America, would change the labeling requirement to state that a visual inspection should occur every 12 months and remove the mileage-based inspection statement. Comments are due by Aug. 20.

FMCSA Requests Renewal of ICR on Drug and Alcohol Clearinghouse
On June 20, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on the renewal of an information collection request (ICR) for the commercial driver’s license (CDL) drug and alcohol clearinghouse. The request would renew an existing ICR that allows for the collection of information to meet the reporting requirements of the CDL drug and alcohol clearinghouse final rule, set to go into effect on Jan. 6, 2020. Comments are due by Aug. 19.

FMCSA Requests Renewal of ICR on Hours of Service
On June 19, 2019, FMCSA published a notice and request for comments on the renewal of an ICR for the collection of hours-of-service information from drivers. The request would renew an ICR that allows for the collection of record of duty status information to verify hours-of-service compliance during roadside inspections, compliance reviews and motor carrier investigations. Comments are due by July 19.

Update on Exemptions

NHTSA Publishes Notice of Petition from Yokohama Tire Corporation
On June 21, 2019, NHTSA published a notice and request for comments on a petition of inconsequential noncompliance from Yokohama Tire Corporation. Yokohama determined that certain Yokohama RY023 brand replacement commercial motor vehicle (CMV) tires do not fully comply with FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 10,000 lbs. and Motorcycles. Yokohama’s petition requests that NHTSA determine that the noncompliance does not impact safety. Comments are due by July 22.

FMCSA Requests Comments on UPS ELDT Exemption Request
On June 19, 2019, FMCSA published a notice and request for comments on an application from the United Parcel Service (UPS) for exemption from certain entry-level driver training (ELDT) requirements. UPS requests that it be exempt from the requirement that instructors have two years of experience and the requirement to register each training location for a unique training provider registry number. Comments are due by July 19.

FMCSA Requests Comments on Turfgrass Producers International Hours-of-Service Exemption Request
Also on June 19, 2019, FMCSA published a notice and request for comments on an application from Turfgrass Producers International to be included in the agricultural 150 air-mile exemption. Turfgrass Producers International requests that drivers who transport turfgrass sod be able to operate under the exemption. Comments are due by July 19.

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on KRD Hours-of-Service Exemption Request
On June 27, 2019, CVSA submitted comments to FMCSA on an exemption request from Kimble Recycling and Disposal (KRD) for an exemption from the short-haul hours-of-service requirement that drivers return to their work reporting location within 12 hours. The application from KRD requests its drivers be allowed to return to their work reporting location within 14 hours without losing their short-haul status. CVSA requested that FMCSA consider the challenges that exemptions pose to the law enforcement community and suggested that if this exemption is granted KRD be required to complete the North American Fatigue Management Program.