Regulatory Update – June 29, 2018

Update on Relevant U.S. Regulations

FMCSA Proposes Rulemaking Related to Class A CDL Training Requirements
On June 29, 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced a proposed rule to revise the training requirements for Class B commercial driver’s license (CDL) holders upgrading to a Class A CDL. Comments are due by Aug. 27.

FMCSA Announces MCSAC Meeting
On June 29, 2018, FMCSA announced a public meeting of the Motor Carrier Safety Advisory Committee (MCSAC). MCSAC will meet July 30-31 at U.S. Department of Transportation headquarters in Washington, D.C., to provide recommendations on commercial motor vehicles (CMV) equipped with automated driving systems.

NRC Announces Administrative and Typographical Amendments to Regulations
On June 28, 2018, the Nuclear Regulatory Commission (NRC) announced a final rule that makes miscellaneous administrative, typographical and grammatical corrections to the NRC regulations. The changes are effective July 30.

FHWA Announces Addition to the National Network
On June 28, 2018, the Federal Highway Administration (FHWA) announced a final rule on the addition of Sheridan Boulevard (NY 895) to the National Network. The facility currently known as “Interstate-895 Sheridan Expressway” will now be identified as “Sheridan Boulevard (NY 895).” The final rule is effective July 30.

FMCSA Announces Intent to Submit ICR for Inspection, Repair and Maintenance Records
On June 21, 2018, FMCSA announced the agency’s intent to submit an information collection request (ICR) for records of inspection, repair and maintenance of CMVs. Comments are due by July 23.

FMCSA Announces Extension of Compliance Dates for Medical Examiner’s Certification Integration
On June 21, 2018, FMCSA published a notice delaying the implementation of several provisions of the Medical Examiner’s Certification Integration final rule, originally published on April 23, 2015. The extension moves the compliance date from June 22, 2018, to June 22, 2021. The delay is to allow FMCSA to complete certain information technology system tasks required for the electronic transfer of medical examiner information. The interim rule was effective June 21, 2018; comments are due by Aug. 20.

PHMSA Announces Response to Final Rule Appeals
On June 18, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced responses to several appeals on previously published final rules. The responses extend the compliance dates for certain nitric acid packaging requirements, state that no changes will be made despite an appeal related to emergency response telephone numbers and clarify amendments associated with the trigger date of the 10-year test period for certain MC 331 cargo tanks. The final rule is effective July 18.

Update on Exemptions

NHTSA Announces Decision to Approve Autocar FMVSS Controls and Displays Exemption Application
On June 27, 2018, the National Highway Traffic Safety Administration (NHTSA) announced its decision to grant Autocar an exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Autocar Xspotter and Xpediter trucks model year 2014-2018 display the words “Brake Pressure” along with a symbol specific to the Canadian Motor Vehicle Safety Standard, not the words “Air Brake” as required by FMVSS No. 101. All Autocar Xspotter and Xpediter trucks with model year 2014-2018, manufactured between Sept. 12, 2013, and Aug. 4, 2017, are exempt from this safety standard. This exemption was effective June 27, 2018.

FMCSA Requests Comment on ACPA HOS Exemption Application
On June 21, 2018, FMCSA published a notice of an hours-of-service (HOS) exemption application from the American Concrete Pumping Association (ACPA). ACPA is requesting that all operators of concrete pump trucks be exempt from the requirement that short-haul drivers utilizing the records of duty status (RODS) exemption must return to their normal work-reporting location within 12 hours. The application requests that instead of the 12-hour requirement, they be allowed to return to their normal work-reporting location within 14 hours and still be eligible for the short-haul RODS exemption. Comments are due by July 23.

FMCSA Announces Withdrawal of Old Dominion ELD Exemption Application
On June 18, 2018, FMCSA announced that it accepted the request from Old Dominion to withdraw its application for an electronic logging device (ELD) exemption. Old Dominion originally submitted the request due to issues integrating ELDs into fleet management systems. The original notice of the exemption application was published on Jan. 21, 2018.

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 Regarding SBTC ELD Exemption Request
On June 27, 2018, CVSA submitted comments to FMCSA in opposition to an exemption request from the Small Business in Transportation Coalition (SBTC) for exemption from the ELD requirement on behalf of all motor carriers with fewer than 50 employees.

Other Items of Interest

U.S. Senate Committee on Commerce, Science and Transportation Approves NHTSA Administrator Nominee
On June 27, 2018, the U.S. Senate Committee on Commerce, Science and Transportation approved Deputy Administrator Heidi King’s nomination to be NHTSA administrator. Her nomination will now have to be considered by the full Senate. No date has been set yet for floor consideration.

Study Links Fatigue-Related CMV Crashes to Distance from Rest Areas
Fatigue-related crashes among CMV drivers increase the farther the crash site is located from truck stops, rest areas and weigh stations with rest havens, according to a recent study from the University of Kentucky. Researchers found that driver at-fault crashes involving fatigue were nearly 2.5 times more likely to occur on roadways where the nearest rest options were located 20-40 miles from the crash site. Crashes were nearly 7 times more likely when the options were more than 40 miles away.