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Regulatory Update – May 3, 2018

Update on Relevant U.S. Regulations

NRC Fines Qal-Tek Associates
On May 2, 2018, the Nuclear Regulatory Commission (NRC) issued an order imposing a civil penalty to Qal-Tek Associates LLC following a 2017 inspection that indicated they had not conducted its activities in compliance with the NRC’s requirements associated with packaging radioactive material to ensure that radiation levels do not exceed regulatory limits.

FMCSA Announces Several ICR Requests
On April 24 and 27, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published several notices and requests for comment on information collection requests (ICRs):

PHMSA Publishes Updates on Special Permits
On April 23, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FHWA Publishes CMV Parking ICR
Also on April 23, 2018, the Federal Highway Administration (FHWA) published a notice and request for comment on an ICR related to a survey to evaluate the capability of the states to provide adequate parking and rest facilities for CMVs engaged in interstate travel. Comments are due by May 23, 2018.

Update on Exemptions

FMCSA Seeks Comment on APA ELD Exemption Request
On April 24, 2018, FMCSA published a notice and request for comment on an exemption request from the American Pyrotechnics Association (APA) seeking an exemption from the electronic logging device (ELD) requirement. APA requests the exemption for APA member companies currently holding an exemption from the hours-of-service 14-hour rule during the Independence Day celebration season. Comments are due by May 24, 2018.

FMCSA Seeks Comment on Castignoli Enterprises Sleeper Berth Exemption Request
Also on April 24, 2018, FMCSA published a notice and request for comment on an exemption request from Castignoli Enterprises to allow a sleeper berth to be installed in the bed of a Ford F350 pickup truck that, when operated in combination with certain trailers, is a commercial motor vehicle (CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A sleeper berth installed in the bed of the pickup truck does not meet the access, location, exit, communication or occupant restraint requirements for sleeper berths in the FMCSRs. Comments are due by May 24, 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 Wilcox ELD Exemption Request
On May 3, 2018, CVSA submitted comments in response to FMCSA’s request for comments in opposition to an exemption request from Wilcox Truck Line Inc. seeking an exemption from the ELD requirement.

CVSA Submits Comments on ADS-Equipped CMVs
Also on May 3, 2018, CVSA submitted comments to FMCSA regarding the agency’s request for comments on existing FMCSRs that may need to be updated, modified or eliminated to facilitate the safe deployment of automated driving systems (ADS) equipped CMVs.

CVSA Submits Comments Regarding Stoneridge Mirror Exemption Request
On April 30, 2018, CVSA submitted comments to FMCSA’s request for comments regarding an exemption request from Stoneridge Inc. seeking to allow motor carriers who operate CMVs equipped with the company’s MirrorEyeTM camera monitor system installed as an alternative to the two rear-vision mirrors required by the FMCSRs.

Other Items of Interest

PHMSA Announces Public Research and Development Forum
On April 25, 2018, PHMSA announced that its Office of Hazardous Materials Safety (OHMS) agency will host a Hazmat Safety Research and Development Forum on May 16-17 in Washington, D.C. OHMS will present the results of recently completed projects, brief attendees on new project plans, and solicit stakeholder input on current and future research projects.

PHMSA Promotes Hazmat Accident Investigation Team Pilot Program
On April 24, 2018, PHMSA announced the creation of a brochure to help promote the agency’s hazardous materials Accident Investigation Team (AIT) pilot program to hazmat and emergency first-responder stakeholders. The one-year AIT pilot program was launched in October 2017 to develop a comprehensive investigative process for significant hazmat incidents. This process includes identifying contributing and root causes with the purpose of learning from past mistakes to enable forecasting and mitigation of future hazmat incidents.