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Regulatory Update – May 1, 2020

Update on Relevant U.S. Regulations

PHMSA Announces Meetings on International Standards on the Transportation of Dangerous Goods
On April 29, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it will host four meetings in 2020 to solicit feedback in advance of international meetings on the transportation of dangerous goods. Once scheduled, information for the public meetings will be published on PHMSA’s website.

FMCSA Requests Comments on ICR on Crash Recordkeeping Requirements
On April 28, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an information collection request (ICR) on crash recordkeeping requirements. The ICR is related to the recordkeeping requirements for motor carriers when a driver is involved in a crash. Comments are due by June 29.

FMCSA Requests Comments on NPRM on Controlled Substance and Alcohol CDL Requirements
Also on April 28, 2020, FMCSA published a notice and request for comments on a notice of proposed rulemaking (NPRM) that prohibits state driver’s licensing agencies from issuing, renewing, upgrading or transferring a commercial driver’s license (CDL) or commercial learner’s permit for individuals prohibited under current regulations from driving a commercial motor vehicle due to controlled substance and alcohol program violations. In addition, the agency is proposing changes to how actual knowledge violations will be included in the Drug and Alcohol Clearinghouse. Comments are due by June 29.

Department of Homeland Security Delays Enforcement of REAL ID Regulations
On April 27, 2020, the Department of Homeland Security issued a final rule delaying the enforcement date of REAL ID regulations from Oct. 1, 2020, to Oct. 1, 2021. Beginning on Oct. 1, 2021, federal agencies may not accept a state issued driver’s license or identification card for official purposes that is not in compliance with the REAL ID requirements. The delay was effective on April 27, 2020.

FMCSA Requests Comments on ICR on Voluntary Revocation of Operating Authority
On April 21, 2020, FMCSA published a notice and request for comments on an ICR regarding the revocation of operating authority. Comments are due by May 21.

FMCSA Requests Comments on ICR on Training Certification for Drivers of LCVs
Also on April 21, 2020, FMCSA published a notice and request for comments on an ICR regarding training certification for drivers of longer combination vehicles (LCV). The ICR relates to the recordkeeping requirements that motor carriers must satisfy before permitting a driver to operate an LCV. Comments are due by May 21.

FMCSA Requests Comments on ICR for Class I and Class II Motor Carriers of Property Report
On April 20, 2020, FMCSA published a notice and request for comments on an ICR for Class I and Class II motor carrier reporting. The notice seeks to renew an already approved ICR titled “Annual Report of Class I and Class II For-Hire Motor Carriers.” Comments are due by June 19.

Update on Exemptions

FMCSA Requests Comments on SC&RA 30-Minute Rest Break Exemption Renewal Request
On April 30, 2020, FMCSA published a notice and request for comments on an application from the Specialized Carriers & Rigging Association (SC&RA) for renewal of an existing 30-minute rest break exemption. The exemption allows all drivers transporting loads that exceed normal weight and dimensional limits that require a permit to drive without taking a 30-minute rest break. The current exemption expires June 17. If approved, the renewed exemption would be effective June 18, 2020-June 18, 2025. Comments are due by June 1.

FMCSA Requests Comments on Right-A-Way ELD Exemption Request
On April 28, 2020, FMCSA published a notice and request for comments on an application from Right-A-Way LLC for exemption from certain electronic logging device (ELD) requirements. The application requests that the company’s short-haul drivers who are required to prepare records of duty status more than eight days in a 30-day period be permitted to prepare paper logs in place of ELDs. Comments are due by May 28.

FMCSA Requests Comments on U.S. DOE 30-Minute Rest Break Exemption Renewal Request
On April 23, 2020, FMCSA published a notice and request for comments on an application from the U.S. Department of Energy (DOE) for renewal of an existing 30-minute rest break exemption. The exemption allows U.S. DOE contract drivers who are transporting security-sensitive radioactive materials to satisfy the 30-minute rest break requirement with 30 minutes of “attendance time” where the driver is watching the vehicle but is not performing any other work functions. The current exemption expires June 29. If approved, the renewed exemption would be effective June 30, 2020-June 30, 2025. Comments are due by May 26.

FMCSA Announces McKee Foods Transportation Sleeper Berth Exemption Renewal
On April 20, 2020, FMCSA announced the renewal of McKee Foods Transportation LLC’s sleeper berth exemption. The exemption allows the company’s team drivers to meet the requirement for 10 consecutive hours off duty with two sleeper berth periods totaling 10 hours as long as neither period is less than three hours. The exemption is effective April 20, 2020-April 20, 2025.

FMCSA Request Comments on Pronto HOS Exemption Request
On April 20, 2020, FMCSA published a notice and request for comments on an application from Pronto.ai Inc. for exemption from certain hours-of-service (HOS) requirements. Pronto requests that drivers operating commercial motor vehicles equipped with the Copilot by Pronto advanced driver assistance system be allowed to drive for 13 hours during a 15 hour on-duty period each day. Comments are due by May 20.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the information 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 Reply Comments to FCC 5.9 GHz Proposed Rule
On April 27, 2020, CVSA submitted comments to the Federal Communications Commission (FCC) responding to public comments submitted to the 5.9 GHz spectrum proposed rule. The proposed rule, published on Feb. 6, 2020, would permit unlicensed devices to operate in a portion of the 5.9 GHz spectrum. The full 5.9 GHz spectrum is currently allocated to communication of vehicle safety technology. Both CVSA’s original comments and reply comments express concern that this reallocation would negatively impact the ability of vehicle-to-everything technology to operate effectively.