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Regulatory Update – Nov. 30, 2018

Update on Relevant U.S. Regulations

EPA Publishes Interim Final Rule Exempting Airbag Waste from Hazardous Waste Requirements
On Nov. 30, 2018, the Environmental Protection Agency (EPA) published an interim final rule and request for comments on the exemption of airbag waste from hazardous waste requirements. As a result of this rule, airbag waste will no longer be included on EPA hazardous waste manifests. The changes aim to expedite the removal of recalled Takata airbag inflators. The interim final rule is effective on Nov. 30, 2018. Comments are due by Jan. 29, 2019.

FMCSA Requests Comments on ICR for Truck and Bus Maintenance Requirements
On Nov. 27, 2018, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on its intent to file an information collection request (ICR) to study the impacts of vehicle maintenance on safety. The study will aim to determine what improvements can be made to enhance commercial motor vehicle safety. Comments are due by Dec. 27.

PHMSA Publishes NPRM on HMR Changes to Align with International Regulations
On Nov. 27, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to update the Hazardous Materials Regulations (HMR) to align with international standards. The NPRM proposes changes to align shipping names, hazard classes, packing groups, special provisions and packaging authorizations with international standards. Comments are due by Jan. 28, 2019.

U.S. DOT Publishes Update to Civil Penalty Amounts
On Nov. 27, 2018, the U.S. Department of Transportation (DOT) published a final rule implementing the annual inflation increase of civil penalty amounts that may be imposed for violations of U.S. DOT regulations. These changes were effective on Nov. 27, 2018.

FMCSA Announces Meeting of UCR Plan Board of Directors
On Nov. 26, 2018, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Plan Board of Directors in Washington, D.C., on Dec. 13. The meeting is open to the public in person and by conference call.

FMCSA Announces Meeting of UCR Plan Audit Subcommittee
Also on Nov. 26, 2018, FMCSA announced a meeting of the UCR Plan Audit Subcommittee in Washington, D.C., on Dec. 19. The meeting is open to the public by conference call.

U.S. DOT Announces Meeting of the Advisory Committee on Human Trafficking
On Nov. 21, 2018, U.S. DOT announced a meeting of the Advisory Committee on Human Trafficking. The meeting is being held at the U.S. DOT headquarters in Washington, D.C., on Dec. 6 and is open to the public.

NRC Publishes Two Technical Corrections Final Rules
On Nov. 20 and 21, 2018, the Nuclear Regulatory Commission (NCR) published two final rules amending regulations to make technical changes to update information like obsolete language, office locations and phone numbers. The rules are effective on Dec. 20 and 21, respectively.
Nov. 20 Final Rule
Nov. 21 Final Rule

Update on Exemptions

FMCSA Requests Comments on Exemption Application from Smart Drive
On Nov. 27, 2018, FMCSA requested comments on Smart Drive’s application for an exemption to allow the mounting of an advanced driver assistance systems camera lower in the windshield than is currently permitted. Comments are due by Dec. 27.

FMCSA Requests Comments on NMSCA HOS Exemption Request
Also on Nov. 27, 2018, FMCSA requested comments on the National Mobile Shower and Catering Association’s (NMSCA) application for exemption from various hours-of-service (HOS) requirements. NMSCA requests that members be allowed to extend the 14-hour duty period to 16 hours, exclude waiting time from on-duty time, be exempt from the 30-minute rest break requirement, extend the maximum 60 hours on duty in seven days to 80 hours, extend the 11 hours driving time to 12 hours and be covered under the eight in 30 days electronic logging device (ELD) exemption if they operate less than 12 days in a 30 day period. Comments are due by Dec. 27.

FMCSA Announces Renewal of SC&RA 30-Minute Rest Break Exemption
Also on Nov. 27, 2018, FMCSA announced the renewal of the Specialized Carriers & Rigging Association’s (SC&RA) exemption from the 30-minute rest break requirement. The exemption is effective through Nov. 1, 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.