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Regulatory Update – Nov. 2, 2018

Update on Relevant U.S. Regulations

FMCSA Requests Comments on CDL Test Standards ICR
On Oct. 30, 2018, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on an information collection request (ICR) on the test standards for commercial driver’s licenses (CDL). The ICR is being requested to ensure that drivers, motor carriers and states are complying with recordkeeping requirements. Comments are due by Nov. 29.

NRC Requests Comments on Draft NUREG on Uniform Low-Level Radioactive Waste Manifest
On Oct. 30, 2018, the Nuclear Regulatory Commission (NRC) requested comments on a draft nuclear regulatory commission regulation (NUREG) on the uniform low-level radioactive waste manifest. The draft regulation provides instructions on completing NRC forms 540, 541 and 542. Comments are due by Dec. 31.

FMCSA Announces UCR Plan Board of Directors Meeting
On Oct. 29, 2018, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Plan Board. The meeting will take place on Nov. 8 from 12-3 p.m. The meeting will be open to the public by conference call.

FMCSA Requests Comments on ICR to Determine Impact of Drivers’ Schedules on Safety
On Oct. 25, 2018, FMCSA requested comments on an ICR to determine the impact of drivers’ schedules on overall performance and safety. FMCSA plans to compare data collected from driver logs to crash data to determine the level of crash risk by hours driven. Comments are due by Dec. 24.

U.S. DOT Issues Update on Significant Rulemakings
On Oct. 5, 2018, the U.S. Department of Transportation DOT published its monthly report on significant rulemakings. The report included the following updates:

  • Certification of Safety Auditors, Investigators and Inspectors Notice of Proposed Rulemaking (NPRM) – Publication is scheduled for March 21, 2019.
  • Amendments to Motor Carrier Safety Assistance Program NPRM – Publication is scheduled for Jan. 16, 2019.
  • Commercial Motor Vehicles Equipped with Automated Driving Systems (ADS) Advance Notice of Proposed Rulemaking –Publication is scheduled for Dec. 28.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication is scheduled for June 30, 2019.

Update on Exemptions

FMCSA Grants ACPA Short-Haul RODS Exemption
On Nov. 1, 2018, FMCSA announced the decision to grant the American Concrete Pumping Association’s (ACPA) exemption request. The exemption allows concrete pump operators, concrete pumping companies and drivers who operate concrete pumps to return to their work reporting location within 14 hours, instead of 12 hours, and still utilize the short-haul records of duty status (RODS) exemption. The exemption is effective Nov. 1, 2018-Oct. 31, 2023.

FMCSA Grants WMH Short-Haul RODS Exemption
On Oct. 25, 2018, FMCSA announced the decision to grant Waste Management Holding Inc.’s (WMH) exemption request. The exemption allows all WMH drivers who collect waste and recycled materials to return to their work reporting location within 14 hours, instead of 12 hours, and still utilize the short-haul RODS exemption. The exemption is effective Oct. 22, 2018-Oct. 22, 2023.

FMCSA Grants USCHI CDL Exemption
On Oct. 3, 2018, FMCSA announced the decision to grant U.S. Custom Harvesters Inc.’s (USCHI) exemption request. The exemption allows custom harvester drivers with a “K” restriction on their CDL to operate in interstate commerce. The exemption is effective Oct. 3, 2018-Oct. 3, 2023.

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.

Other Items of Interest

IG Audit of CSA Program Underway
The U.S. DOT’s Inspector General (IG) has begun an audit of FMCSA’s plan to change the Compliance, Safety, Accountability (CSA) Program. The audit will examine FMCSA’s plan to implement the National Academy of Sciences’ recommendations for improvement.