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Regulatory Update – May 3, 2019

Update on Relevant Canadian Regulations

Transport Canada Publishes Amendment to Regulations on the Transportation of Dangerous Goods
On May 1, 2019, Transport Canada published an amendment to the Transportation of Dangerous Goods Regulations. The amendment addresses recommendations from the emergency response task force on improving the emergency response assistance plan program. The changes are effective March 1, 2020.

CSA Publishes Draft Updates to Safety Standards
On April 29, 2019, the Canadian Standards Association (CSA) published draft updates and a request for comments on safety standards CSA B620, CSA B621 and CSA B622. The changes make technical changes to the safety standards for highway and portable tanks. Comments are due by June 11

Update on Relevant U.S. Regulations

FMCSA Requests Comments on ICR on Transportation of Household Goods
On May 2, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an extension of a currently approved information collection request (ICR) for information about the transportation of household goods. The ICR is for the collection of materials needed to identify and regulate household goods motor carriers. Comments are due by July 1.

NHTSA Requests Comments on ICR on Crash Data
On April 25, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an extension of a previously approved ICR on the collection of crash data. The ICR supports NHTSA’s crash data collection for the Fatality Analysis Reporting System. The collected data is used to inform decisions related to highway safety programs. Comments are due by May 28.

NHTSA Requests Comments on ICR on Prevalence of Drug Use in Crashes
On April 24, 2019, NHTSA published a notice and request for comments on an ICR to study the prevalence of legal and illegal drug use in seriously or fatally injured drivers. NHTSA requests approval to collect blood samples from individuals in qualifying crashes to test for the presence of drugs. Comments are due by June 24.

NRC Requests Comments on ICR on Packaging and Transportation of Radioactive Materials
On April 23, 2019, the Nuclear Regulatory Commission (NCR) published a notice and request for comments on the renewal of an ICR related to the packaging and transportation of radioactive materials. The ICR is needed for NRC to conduct its packaging certification process. Comments are due by June 24.

FAA, OST, PHMSA and FTA Publish Joint Rule Making Technical Corrections to Drug Testing Rules
On April 23, 2019, the Federal Aviation Administration (FAA), Office of the Secretary of Transportation (OST), Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Transit Authority (FTA) published a joint rule on the rules governing drug testing of safety-sensitive employees. The changes add requirements to test for oxycodone, oxymorphone, hydrocodone and hydromorphone. The rule is effective April 23, 2019

Update on Exemptions

FMCSA Publishes Correction to Cargo Securement Exemption Notice
On April 23, 2019, FMCSA published a correction to a notice granting the Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations’ (ATA) request for a cargo securement exemption, originally published on April 15, 2019. The correction updated an incorrect URL.

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 on PJH HOS Exemption Request
On April 25, 2019, CVSA submitted comments to FMCSA in opposition to an exemption request from PJ Helicopter (PJH) for an exemption from various hours-of-service (HOS) requirements. The application from PJH requests that its drivers be allowed to extend the 14-hour duty period to 16 hours and satisfy the required off-duty period with eight hours off duty instead of 10. CVSA urged FMCSA to deny the request, expressed concern for the impact these extended hours would have on safety and outlined the challenges that the exemption would cause to the law enforcement community.