Regulatory Update – Oct. 5, 2018

Update on Relevant U.S. Regulations

FMCSA Requests Comments on ATA Meal and Rest Break Petition
On Oct. 4, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a request for comment on a petition submitted by the American Trucking Association (ATA). ATA’s petition requests a determination that the state of California’s meal and rest break rules are preempted by federal law. Comments are due by Oct. 29.

FMCSA Announces Public Listening Session on Potential Changes to HOS
Also on Oct. 4, 2018, FMCSA announced a public listening session on potential changes to the hours-of-service (HOS) regulations recently announced in an advanced notice of proposed rulemaking (ANPRM). The listening session will be at the U.S. Department of Transportation’s headquarters in Washington, D.C., on Oct. 10 and will be webcast live.

NHTSA Proposes Study on Prevalence of Drugs in Drivers
On Oct. 4, 2018, the National Highway Traffic Safety Administration (NHTSA) published a request for comments on a proposed study of the prevalence of drugs in drivers arrested for driving under the influence. Comments are due by Nov. 5.

PHMSA Announces Public Meeting on International Standards on the Transport of Dangerous Goods
On Oct. 4, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published notice of two public meetings that will solicit public input on current proposals and new work items for the United Nations’ Sub-Committees on Experts on the Transport of Dangerous Goods and Experts on the Globally Harmonized System of Classification of Labeling of Chemicals. Both meetings will be held on Nov. 13.

FMCSA Publishes Final Rule on CLP Requirements for Drivers with Military Experience
On Sept. 28, 2018, FMCSA published a final rule that allows state driver licensing agencies to waive knowledge test requirements for commercial learner’s permits (CLP) for individuals who have been regularly employed by the military, in the last year, in a position that required the operation of a commercial motor vehicle. The final rule is effective Nov. 27.

FMCSA Makes Technical Corrections to FMCSRs
On Sept. 27, 2018, FMCSA published notice of technical corrections to the Federal Motor Carrier Safety Regulations (FMCSRs). Technical corrections make minor changes to correct errors, update references and improve clarity without making substantive changes. The technical corrections were made in 49 CFR Parts 360, 380, 382, 385, 390, 391, 395, 396 and 397. These changes went into effect Sept. 27, 2018.

FMCSA Announces ANPRM on Broker and Freight Forwarder Financial Responsibility
Also on Sept. 27, 2018, FMCSA published an ANPRM on the financial responsibility of broker and freight forwarders. The ANPRM requests comments on group surety bonds and trust funds, assets readily available, immediate suspension of broker and freight forwarder operating authority, surety or trust responsibilities in cases of financial failure, enforcement authority and entities eligible to provide trust funding. Comments are due by Nov. 26.

NHTSA Proposes Study on use of AEB Systems in Heavy Vehicles
On Sept. 25, 2018, NHTSA published a request for comments on a proposed study on automatic emergency braking (AEB) systems in newer generation heavy vehicles. The study would assess the benefits of crash avoidance technologies using a real-world field test model as opposed to studying the efficacy on test tracks. Comments are due by Oct. 25.

Update on Exemptions

Livestock and Insect Haulers ELD Exemption Extended
On Sept. 28, 2018, a continuing resolution for transportation funding was signed in to law, extending current funding levels and requirements through Dec. 7. The electronic logging device (ELD) exemption for livestock and insect haulers are included in the continuing resolution and is also extended through Dec. 7.

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

FMCSA Releases HOS FAQ on Cross Border Driving
FMCSA worked with Transport Canada and Mexico’s Dirección General de Autotransporte Federal to create several frequently asked questions (FAQ) pages on the differences in HOS requirements in the U.S., Canada and Mexico. The FAQs address differences in the underlying HOS rules, ELDs, personal conveyance and agricultural exemptions.