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Regulatory Update – May 17, 2019

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Pilot Program to Allow 18-21-Year-Old Drivers
On May 15, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on a pilot program to allow 18- to 21-year-old drivers to operate in interstate commerce. The proposed pilot is separate from the pilot program announced on July 6, 2018, for military drivers ages 18-21. Comments are due by July 15.

NRC Submits ICR on Feedback of Agency Service Delivery
On May 15, 2019, the Nuclear Regulatory Commission (NRC) published an information collection request (ICR) on the agency’s service delivery. NRC invites comments from stakeholders on the agency’s performance. Comments are due by July 15.

FMCSA Requests Comments on California Meal and Rest Break Preemption Petition
On May 9, 2019, FMCSA published a notice and request for comments on a petition from the American Bus Association (ABA). ABA requests a determination that California’s meal and rest break requirements are preempted by federal law when passenger carriers are participating in interstate commerce. Comments are due by June 10.

FMCSA Requests Comments on SFO Ground Transportation Rules Preemption Petition
Also on May 9, 2019, FMCSA published a notice and request for comments on a petition from ABA and the United Motorcoach Association (UMA). The petition requests a determination that the vehicle inspection requirements imposed by the San Francisco International Airport (SFO) on passenger-carrying commercial motor vehicles are preempted when participating in interstate commerce. Comments are due by June 10.

PHMSA Requests Comments on Hazardous Materials Grants and Shipping Papers ICR
On May 10, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice and request for comments on an ICR. The ICR focuses on the information that needs to be collected for current shipping paper requirements and the awarding of hazardous materials grant programs. Comments are due by June 10.

PHMSA Publishes Updates on Special Permits
On May 8, 2019, PHMSA published updates on special permit applications:

PHMSA Announces Meeting on Emergency Response Guidebook
On May 7, 2019, PHMSA announced a public meeting to solicit input on the development of the 2020 edition of the Emergency Response Guidebook. The guidebook is used by emergency services personnel to provide guidance for initial response to hazardous materials transportation incidents. The meeting will be held at the U.S. Department of Transportation (DOT) headquarters in Washington, D.C., on June 17.

Update on Exemptions

NHTSA Publishes Notice of Petition from DTNA
On May 13, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on a petition of inconsequential noncompliance from Daimler Trucks North America (DTNA). DTNA determined that certain model year 2013-2018 Thomas Built buses do not fully comply with Federal Motor Vehicle Safety Standard No. 222, School Bus Passenger Seating and Crash Protection. DTNA’s petition asks NHTSA to determine that the noncompliance does not impact safety. Comments are due by June 12.

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 Sends Letter to FMCSA and CCMTA on Shipper Responsibility of Cargo Securement
On May 8, 2019, CVSA sent a letter to FMCSA and the Canadian Council of Motor Transport Administrators (CCMTA) on the issue of shipper responsibly in cargo securement. The letter requests that FMCSA and CCMTA examine the proper assignment of responsibility of cargo securement violations on sealed loads.

CVSA Submits Comments on Regulatory Guidance Review
On May 7, 2019, CVSA submitted comments to the U.S. DOT’s request for comments on the review of regulatory guidance. CVSA solicited feedback from members on what regulatory guidance needs to be updated to reduce redundancy, reflect current regulations and increase clarity, and shared that feedback with the agency. Additionally, CVSA noted that the regulatory guidance in each part of the regulations should be given an independent review and that informal guidance, such as letters, emails and frequently asked questions documents, need to be officially adopted as regulatory guidance.

CVSA Submits Comments on CDL Guidance Update
On May 6, 2019, CVSA submitted comments on FMCSA’s proposed update to the commercial driver’s license (CDL) regulatory guidance. CVSA outlined several changes that need to be made to the guidance to remove contradicting language, correct errors and increase clarity.

Other Items of Interest

FMCSA Offers Visor Cards on Tools for Identifying OOS Carriers
FMCSA is offering visor cards on the agency’s tools for identifying out-of-service (OOS) carriers. The card includes seven FMCSA OOS types and carrier OOS violation criteria. Contact Camille White (Camille.white@dot.gov) at FMCSA to order visor cards.