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Regulatory Update – Oct. 19, 2018

Update on Relevant Canadian Regulations

CSA Releases Draft Update to Portable Tanks for Transport of Dangerous Goods Safety Standard
On Oct. 11, 2018, the Canadian Standards Association (CSA) published a draft update to safety standard CSA B625 on portable tanks for the transport of dangerous goods. The draft aligns the standard with United Nations recommendations, restructures registration requirements, requires foreign-approved tanks manufactured after 2018 to be U-stamped and harmonizes the regulation with the requirements for tanks being transported on highways. Comments are due by Dec. 11.

Update on Relevant U.S. Regulations

FHWA Requests Comment on State Right-of-Way Acquisition Data
On Oct. 11, 2018, the Federal Highway Administration (FHWA) requested comment on the annual state right-of-way acquisition data collection. The annual data collection is the result of a provision in the Moving Ahead for Progress in the 21st Century Act. Comments are due by Dec. 10.

U.S. DOE Requests Comment on Interpretation of High-Level Radioactive Waste
On Oct. 10, 2018, the U.S. Department of Energy U.S. (DOE) requested comment on its interpretation of the definition of “high-level radioactive waste” (HLW). U.S. DOE interprets the requirements in the Atomic Energy Act and the Nuclear Waste Policy Act to allow some waste from the reprocessing of spent nuclear fuel to be classified as non-HLW. Comments are due by Dec. 10.

NRC Reopens Comment Period on Draft NUREG on Dry Storage of High Burnup SNF
On Oct. 10, 2018, the Nuclear Regulatory Commission (NRC) reopened the comment period on the draft nuclear regulatory commission regulation (NUREG) on the dry storage of high burnup spent nuclear fuel. The draft NUREG was originally published on Aug. 9, 2018. Comments are now due by Nov. 9.

PHMSA Publishes Updates on Special Permits
On Oct. 10, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:
List of Applications for Special Permits – Comments are due by Nov. 9.
List of Applications for Modification of Special Permits – Comments are due by Nov. 9.
Notice of Actions on Special Permit Applications – Comments are due by Nov. 9.

NHTSA Requests Comment on Challenges of ADS Testing
On Oct. 9, 2018, the National Highway Traffic Safety Administration (NHTSA) published an advance notice of proposed rulemaking (ANPRM) seeking comments on the challenges of automated driving systems (ADS) testing and deployment. The ANPRM outlines a potential ADS testing pilot program and seeks comments on various aspects of that program. Comments are due by Nov. 26.

OST Requests Comment on AV 3.0
On Oct. 9, 2018, the Office of the Secretary of Transportation (OST) at the U.S. Department of Transportation published a request for comment on the agency’s document, “Preparing for the Future of Transportation: Automated Vehicles 3.0” (AV 3.0). AV 3.0 outlines the agency’s outlook and plan for addressing vehicles with ADS. Comments are due by Dec. 3.

Update on Exemptions

FMCSA Announces Renewal of CRST Expedited CLP Exemption
On Oct. 19, 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced the renewal of CRST Expedited’s exemption from the requirement that commercial learner’s permit (CLP) holders be accompanied, in the front seat, by a commercial driver’s license (CDL) holder. The exemption is effective Sept. 23, 2018-Sept. 24, 2023.

FMCSA Announces Decision on Castigonli Sleeper Berth Exemption
Also on Oct. 19, 2018, FMCSA announced the decision to grant Castigonli Enterprises a five-year limited exemption to allow a sleeper berth to be installed in the bed of Ford F-350 pickup trucks that are considered commercial motor vehicles (CMVs) when pulling certain trailers. The exemption is effective Oct. 19, 2018-Oct. 19, 2023.

FMCSA Requests Comment on Fiat Chrysler ELD Exemption Request
On Oct. 18, 2018, FMCSA requested comment on Fiat Chrysler’s application for exemption from the requirement to use electronic logging devices (ELDs). The exemption would be applied to CMVs operated by employees of Fiat Chrysler. Comments are due by Nov. 19.

FMCSA Requests Comment on RJR Transportation Short-Haul Exemption Request
Also on Oct. 18, 2018, FMCSA requested comment on RJR Transportation’s application to extend the 100 air-mile record of duty status (RODS) exemption to 150 air miles. Comments are due by Nov. 19.

FMCSA Requests Comment on Rota-Mill Inc. 30-Minute Rest Break and 12-Hour Short-Haul Rule Exemption Request
Also on Oct. 18, 2018, FMCSA requested comment on Rota-Mill Inc.’s application for exemption from the 30-minute rest break requirement and the requirement that short-haul drivers using the RODS exemption return to their reporting location within 12 hours. The application requests that short-haul drivers be allowed to return within 14 hours. Comments are due by Nov. 19.

FMCSA Requests Comment on Transco Inc. 30-Minute Rest Break Exemption Request
Also on Oct. 18, 2018, FMCSA requested comment on Transco Inc.’s application for exemption from the 30-minute rest break requirement. Comments are due by Nov. 19.

FMCSA Requests Comment on Wolfe 70-Hour Rule Exemption Request
Also on Oct. 18, 2018, FMCSA requested comment on Wolfe House Movers and Wolfe House Movers of Indiana’s request to use the 70-hour rule, even though the company does not operate CMVs seven days a week. Comments are due by Nov. 19.

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 FMCSA’s HOS ANPRM
On Oct. 10, 2018, CVSA submitted comments to FMCSA’s hours-of-service (HOS) ANPRM. The comments addressed questions published by FMCSA on the short-haul HOS limit, the HOS exception for adverse driving conditions, the 30-minute rest break provision and the split sleeper berth rule, as well as responded to petitions from the Owner-Operator Independent Drivers Association and TruckerNation.org.

Other Items of Interest

GHSA Releases State Guide on Traffic Safety Impacts of Marijuana Legalization
On Oct. 18, 2018 the Governors Highway Safety Association (GHSA) published a guide for states on the impact of legalized marijuana on traffic safety. The guide is in response to new research conducted by the Insurance Institute for Highway Safety and the Highway Loss Data Institute.