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Regulatory Update – May 31, 2019

Update on Relevant U.S. Regulations

U.S. DOT Announces Meeting of the Advisory Committee on Human Trafficking
On May 30, 2019, the U.S. Department of Transportation (DOT) announced that the Advisory Committee on Human Trafficking will hold a teleconference meeting on June 17. At the meeting, the committee will review and vote to approve its final report.

FMCSA Requests Comments on ANPRM on the Safe Introduction of ADS-Equipped CMVs
On May 28, 2019, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an advance notice of proposed rulemaking (ANPRM) on the safe integration of commercial motor vehicles (CMVs) equipped with automated driving systems (ADS). FMCSA specifically requests comments on which Federal Motor Carrier Safety Regulations need to be amended, revised or eliminated to allow for the safe introduction of ADS, with special consideration to the differences between human operators and ADS. On May 31, 2019, FMCSA published a correction, clarifying that comments are due by July 29.

NHTSA Requests Comments on ANPRM on Removing Regulatory Barriers for Vehicles with ADS
On May 28, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an ANPRM on regulatory barriers to the introduction of ADS-equipped vehicles. NHTSA specifically requests comments on the challenges that ADS without traditional manual controls pose on testing and verifying compliance with existing crash avoidance Federal Motor Vehicle Safety Standards. Comments are due by July 29.

U.S. DOT Announces Conference on Traffic Safety and the 5.9 GHz Spectrum
On May 24, 2019, the U.S. DOT announced that it will hold a conference on traffic safety and the 5.9 GHz spectrum on June 3 to seek input on vehicle connectivity. The meeting will be held at U.S. DOT headquarters in Washington, D.C.

FMCSA Announces Medical Review Board Public Meeting
On May 22, 2019, FMCSA announced that the Medical Review Board will hold a public meeting July 15-16 at the FMCSA National Training Center in Arlington, Virginia. At the meeting, the board will review its recommendations on revising the FMCSA Medical Examiners Handbook and discuss how to best provide educational resources on pharmacology to certified medical examiners.

Update on Exemptions

FMCSA Requests Comments on KRD Hours-of-Service Short-Haul Exemption Request
On May 28, 2019, FMCSA published a notice and request for comments on an application from Kimble Recycling and Disposal (KRD) for exemption from the short-haul requirement that drivers return to their work reporting location within 12 hours. KRD requests its drivers be allowed to return to their work reporting location within 14 hours without losing their short-haul status. Comments are due by June 27.

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 ICR on FARS
On May 28, 2019, CVSA submitted comments to NHTSA’s request for comments on an information collection request (ICR) on the Fatality Analysis Reporting System (FARS), published on April 25, 2019. CVSA stressed the importance of collecting and maintaining quality crash data to inform enforcement and safety programs, encouraged the adoption of the Model Minimum Uniform Crash Criteria and suggested that NHTSA capture the seven drug recognition categories in crash reporting.

Other Items of Interest

USDA Publishes Legal Opinion on Authorities for Hemp Production
On May 28, 2019, the U.S. Department of Agriculture’s (USDA) Office of the General Counsel published a legal opinion on the authorities for hemp production. The publication notes that as of the enactment of the 2018 Farm Bill, hemp has been removed from the list of Schedule I controlled substances and that once USDA publishes regulations implementing the new hemp production system, states may not prohibit the interstate transportation of lawfully produced hemp.