Regulatory Update – Oct. 27, 2017

Update on Relevant U.S. Regulations

NHTSA Seeks Comment on Traffic Records Program Assessment Advisory
On Oct. 25, 2017, the National Highway Traffic Safety Administration (NHTSA) published a request for comment on the agency’s “Traffic Records Program Assessment Advisory.” Comments are due by Dec. 26, 2017.

NHTSA Announces Public Meeting on Automated Vehicles
Also on Oct. 25, 2017, NHTSA announced a public meeting to discuss the agency’s recently released “Automated Driving Systems 2.0: A Vision for Safety.” The meeting will be held Nov. 6, 2017, in Washington, D.C.

DOT Seeks Comment on Strategic Plan
Also on Oct. 25, 2017, the U.S. Department of Transportation (DOT) published a notice and request for comment on the department’s draft “DOT Strategic Plan for FY 2018-2022.” Comments are due by Nov. 13, 2017.

FMCSA Renews MCSAC Charter
On Oct. 18, 2017, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice renewing the charter for the Motor Carrier Safety Advisory Committee (MCSAC). The committee provides FMCSA with advice and recommendations on motor carrier safety programs and regulations through a consensus process. This charter renewal took effect on Sept. 29, 2017, and will expire after two years.

CVSA Petitions and Comments to Rulemakings

CVSA Comments to U.S. DOT Regulatory Review
On Oct. 27, 2017, CVSA filed comments in response to the U.S. DOT’s notice of regulatory review. In a notice published Oct. 2, 2017, DOT notified the public on the department’s plan to review existing regulations and other agency actions to “evaluate their continued necessity, determine whether they are crafted effectively to solve current problems, and evaluate whether they potentially burden the development or use of domestically produced energy resources.” The department requested public comment on regulations that should be repealed, replaced, suspended or modified. CVSA’s comments call attention to the important role safety regulations play and encourage the department to consider not only where regulations can be eliminated, but also where additional regulatory language could improve safety and uniformity. In particular, CVSA opposes any delay or repeal of the electronic logging device (ELD) rule, calls attention to the importance of hazardous materials regulations, encourages the department to consider incorporating existing special permits into the regulations and recommends the department act on a number of outstanding petitions for rulemaking.

Update on Exemptions

FMCSA Receives ELD Exemption Request from Agriculture Equipment Dealers
On Oct. 27, 2017, FMCSA published a request for comment on a request from the Western Equipment Dealers Association (WEDA) on behalf of their membership and several other organizations for a five year exemption from the ELD requirement. In the exemption request, WEDA states that the unique circumstances related to equipment dealer operations in agriculture justify the requested exemption, and not granting it will pose an undue burden on equipment dealers and their customers without any measurable safety benefit. Comments are due by Nov. 27, 2017.

FMCSA Receives ELD Exemption Request from Motion Picture Association
Also on Oct. 27, 2017, FMCSA published a request for comment on a request from the Motion Picture Association of America seeking an exemption from the ELD requirement for all commercial motor vehicle drivers providing transportation to or from a theatrical or television motion picture production site. Comments are due by Nov. 27, 2017.

FMCSA Denies ELD Exemption Request from Pipe Line Contractors
Also on Oct. 27, 2017, FMCSA issued a notice denying an ELD exemption request from the Pipe Line Contractors Association.

FMCSA Grants UPS ELD Exemption
On Oct. 20, 2107, FMCSA issued a notice granting a limited five-year exemption, submitted by United Parcel Services Inc. (UPS), from various provisions of the ELD mandate. The exemption applies to all motor carriers who qualify. The exemption is effective Oct. 20, 2017 – Oct. 20, 2022

FMCSA Renews DOD 30-Minute Rest Break Exemption
Also on Oct. 20, 2017, FMCSA issued a notice renewing the U.S. Department of Defense’s (DOD) 30-minute rest break exemption. The exemption allows specific DOD contractors to use 30 minutes or more of attendance time to meet the rest break requirement. The exemption is effective through Oct. 21, 2023. Comments are due by Nov. 20, 2017.

FMCSA Denies ELD Exemption Request from MBI Energy Services
Also on Oct. 20, 2017, FMCSA issued a notice denying the ELD exemption request from MBI Energy Services, which was seeking an exemption for all vehicles equipped with a single passenger cab, which are used in applications where travel is incidental to normal work activities and require special oversize/overweight permits to travel on public roads.

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 Tracker” tab at the top of the page.