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Regulatory Update – March 23, 2018

Update on Relevant U.S. Regulations

FMCSA Extends ELD Waiver for Agricultural Community
On March 23, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice extending the waiver from the electronic logging device (ELD) requirement for the transportation of agricultural commodities for another 90 days. This waiver is effective March 18-June 18, 2018.

PHMSA Seeks Comment on Automated Vehicles and Hazardous Materials
On March 22, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a request for information related to the development and potential use of automated technologies for surface modes (e.g., highway and rail) in hazardous materials transportation. In anticipation of the development, testing and integration of automated driving systems in surface transportation, PHMSA is seeking input on factors the agency should consider to ensure continued safe transportation of hazardous materials without impeding emerging surface transportation technologies. Comments are due by May 7, 2018.

PHMSA Publishes Updates on Special Permits
On March 14, 2018, PHMSA published updates on special permit applications:

FMCSA Announces Motor Carrier Records Change Form ICR
On March 13, 2018, FMCSA announced the agency’s plan to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. The purpose of this ICR, titled ‘‘Motor Carrier Records Change Form,’’ is to more efficiently collect information the Office of Registration and Safety Information (MC–RS) requires to process name and address changes and reinstatements of operating authority. Comments are due by April 12, 2018.

Update on Exemptions

TTC Seeking Windshield Exemption
On March 22, 2018, FMCSA published a notice and request for comments on an application for exemption from Traditional Trucking Corporation (TTC) to allow a global positioning system (GPS) device to be mounted on the interior of the windshield of a commercial motor vehicle (CMV) within the areas allowed for vehicle safety technology devices. Comments are due by April 23, 2018.

TRALA Seeks ELD 8-Month ELD Exemption 
On March 13, 2018, FMCSA published a notice and request for comment on an exemption request from the Truck Renting and Leasing Association Inc. (TRALA). TRALA requested an exemption until Dec. 31, 2018, from the ELD requirements for all drivers of property-carrying CMVs rented for 30 days or fewer. A waiver for the same purpose and group of drivers was issued to TRALA on Jan. 19, 2018, and expires on April 19, 2018. Comments are due by April 12, 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.

Other Items of Interest

FMCSA Issues ELD Guidance on Return to Duty Procedure for OOS Drivers
On March 19, 2018, FMCSA issued additional guidance regarding enforcement of the ELD mandate. Beginning April 1, 2018, inspectors will begin placing drivers out of service if they are found to be operating a CMV without a required ELD or automatic on-board recording device (AOBRD). The driver will remain out of service for 10 hours (8 hours for drivers of passenger carrier CMVs). At that point, the driver will be allowed to travel to their final destination and should not be dispatched again without an ELD. If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.