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Regulatory Update – Sept. 18, 2020

Update on Relevant U.S. Regulations

FMCSA Proposes Pilot Program to Allow 18 to 21-Year-Old Drivers
On Sept. 10, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on a proposed pilot program. The pilot program would allow 18 to 21-year-old individuals to operate commercial motor vehicles in interstate commerce. Comments are due by Nov. 9.

FMCSA Requests Comments on Household Goods Brokers ICR
On Sept. 8, 2020, FMCSA published a notice and request for comments on an information collection request (ICR) related to the transportation of household goods. The requested ICR is necessary for FMCSA to collect information from household goods brokers to ensure they are complying with the regulations related to consumer protection. Comments are due by Nov. 9.

Update on Exemptions

NHTSA Requests Comments on Mack Trucks’ Petition of Inconsequential Noncompliance
On Sept. 18, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on a petition of inconsequential noncompliance from Mack Trucks Inc. Mack Trucks determined that certain model year 2016-2020 Mack heavy-duty commercial motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. The affected vehicles do not display the identifier for the heating and air conditioning fan control, have an incorrect identifier for the position side marker control and do not identify the master lighting switch control. Comments are due by Nov 18.

FMCSA Grants Bosch and Mekra Lang Rear-Vision Mirrors Exemption Request
On Sept. 17, 2020, FMCSA announced the approval of an exemption application from Robert Bosch LLC and Mekra Lang North America LLC to allow motor carriers to operate commercial motor vehicles equipped with the companies’ commercial vehicle digital mirror system instead of two rear-vision mirrors as required by the Federal Motor Carrier Safety Regulations. The exemption is effective Sept. 17, 2020-Sept. 17, 2025.

FMCSA Grants CMW Gravity or Syphon-Fed Fuel Systems Prohibition Exemption Request
On Sept. 16, 2020, FMCSA announced the approval of an exemption application from Charles Machine Works Inc. (CMW) for exemption from prohibition on the use of gravity or syphon-fed fuel systems for auxiliary equipment installed on, or used in connection with, commercial motor vehicles. The exemption allows CMW’s commercial motor vehicles to utilize these fuel systems only when parked. The exemption is effective Sept. 16, 2020-Sept. 16, 2025.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Signs Coalition Letter Encouraging Congress to Consider the Workplace Safety Impacts of the MORE Act
On Sept. 17, 2020, CVSA joined 20 other organizations in sending a letter to members of the U.S. House of Representatives requesting that they consider the workplace safety impacts of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019. Given that impairment from marijuana cannot be scientifically detected at this time and no standardized impairment regulations have been set, the letter requests that the House conduct hearings on the subject to further explore the impacts of the bill on workplace safety before advancing the legislation.

CVSA Signs Coalition Letter Encouraging the Passage of a Surface Transportation Authorization Extension
On Sept. 9, 2020, CVSA joined 80 other transportation stakeholders in sending a letter to congressional leadership encouraging the passage of a one-year extension of the current surface transportation authorization bill. The Fixing America’s Surface Transportation (FAST) Act is currently set to expire on Sept. 30. With a long-term reauthorization bill unlikely to pass by the deadline, a short-term extension is needed to ensure critical programs can continue while Congress works on passing a long-term reauthorization.

CVSA Signs Coalition Letters Encouraging Preservation of the 5.9 GHz Spectrum
On Sept. 8 and Sept. 16, 2020, CVSA joined 50 other transportation safety stakeholders in sending letters to the White House Chief of Staff Mark Meadows and the House Subcommittee on Communications and Technology encouraging continued preservation of the 5.9 GHz spectrum for transportation safety technology. The Federal Communications Commission published a notice of proposed rulemaking earlier this year to reallocate a portion of the 5.9 GHz band for private use. This reallocation threatens the continued deployment of connected vehicle technology, for which the band is currently reserved.