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Regulatory Update – Sept. 21, 2018

Update on Relevant U.S. Regulations

PHMSA Submits ICR on Feedback of Agency Service Delivery
On Sept. 21, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an information collection request (ICR) on the agency’s service delivery. PHMSA plans to request information from stakeholders on the agency’s performance. Comments are due by Oct. 22.

PHMSA Publishes Preemption on California Meal and Rest Break Requirements
Also on Sept. 21, 2018, PHMSA published a determination that California’s meal and rest break requirements create an unnecessary delay in the transportation of hazardous materials. The determination preempts the requirement for drivers transporting hazardous materials. PHMSA made this determination in response to a request from National Tank Truck Carriers on Sept. 2, 2016.

FMCSA Announces Public Listening Session on Potential Changes to HOS
On Sept. 20, 2018, the Federal Motor Carrier Safety Administration (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 National Automobile Museum in Reno, Nevada, on Sept. 22, and will also be webcast live.

FMCSA Extends Comment Period on HOS ANPRM
Also on Sept. 20, 2018, FMCSA published an extension to the comment period for the HOS ANPRM originally published on Aug. 23, 2018. Comments are now due by Oct. 10.

FMCSA Proposes Amendment to the Lease and Interchange of Vehicles Final Rule
Also on Sept. 20, 2018, FMCSA proposed amendments to the final rule addressing the lease and interchange of vehicles for passenger motor carriers, originally published on May 27, 2015. The proposed amendments would narrow the applicability of the rule by adjusting the definition of the term “lease.” Comments are due by Nov. 19.

FHWA to Study Delegating Program-Wide Responsibilities to States
Also on Sept. 20, 2018, the Federal Highway Administration (FHWA) announced the establishment of a Special Experimental Project (SEP-16) to test and evaluate the delegation of program-level responsibilities of the federal-aid highway program to states.

FMCSA Revises CMV Operator Diabetes Standards
On Sept. 19, 2018, FMCSA published a final rule revising commercial motor vehicle (CMV) operator diabetes standards. The revision allows individuals with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus to operate CMVs in interstate commerce. Currently, these drivers are required to obtain an exemption to operate a CMV. The final rule is effective Nov. 19. Comments are due by Nov. 19.

FMCSA Revises ELD Vendor Registration ICR
On Sept. 17, 2018, FMCSA published a revision to the Electronic Logging Device (ELD) Vendor Registration ICR. The ICR allows vendors of ELDs to submit the necessary information to FMCSA to self-certify their ELDs. Comments are due by Nov. 16.

FMCSA Requests Renewal of Mexico-Based Foreign Motor Carriers Registration ICR
Also on Sept. 17, 2018, FMCSA published a request for renewal of the Application for Certification of Registration for Foreign Motor Carriers ICR that requires Mexico-based motor carriers to file an application to operate in the U.S. Comments are due by Oct. 17.

Update on Exemptions

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 NHTSA’s State Data Transfer for Vehicle Crash Data ICR
On Sept. 10, 2018, CVSA submitted comments on the National Highway Traffic Safety Administration’s (NHTSA) ICR on electronic transfer of state crash data. The comments recognized the benefits that timely data access could have on safety while expressing the need for federal funding to offset the burden on states for needed information technology system improvements.

CVSA Submits Request for FMCSA’s HOS ANPRM Comment Period Extension
On Aug. 27, 2018, CVSA submitted a request to extend the comment period for FMCSA’s HOS ANPRM. The request asks that the comment period be extended by 30 days to allow for adequate consideration of the issue. A 15-day extension was granted by FMCSA on Sept. 20, 2018.

CVSA Petitions FMCSA to Amend Regulatory Guidance Regarding Accessory Equipment
Also on Aug. 27, 2018, CVSA submitted a petition to FMCSA asking the agency to amend Title 49 Code of Federal Regulations (CFR) 393.130 to mirror the language found in Canadian National Safety Code Standard 10, Section 89(2) Accessory Equipment. On Sept. 14, 2018, FMCSA provided acknowledgment of intent to review the petition.

CVSA Petitions FMCSA to Amend CFR 389.31 to Include NACA Chain Hook Specification Table
Also on Aug. 27, 2018, CVSA submitted a petition to FMCSA asking the agency to amend Title 49 CFR 383.31 to include the National Association of Chain Manufacturers’ (NACA) chain hook specification tables. On Sept. 9, 2018, FMCSA provided acknowledgment of intent to review the petition.

CVSA Petitions FMCSA to Add Rear Impact Guards and Rear End Protection to Appendix G
Also on Aug. 27, 2018, CVSA submitted a petition to FMCSA asking the agency to add rear impact guards and rear end protection standards to the minimum periodic inspection standards in Appendix G. On Sept. 9, 2018, FMCSA provided acknowledgment of intent to review the petition.

CVSA Submits Letter to FMCSA on Personal Conveyance Guidance
Also on Aug. 27, 2018, CVSA submitted a letter to FMCSA expressing concerns regarding the agency’s recently released guidance on use of the “personal conveyance” designation. The comments addressed the challenges the guidance would cause for uniform enforcement of HOS and concern that the interpretation could result in increased fatigue.

CVSA Submits Letter to FMCSA on Transport of Agricultural Commodities Guidance
Also on Aug. 27, 2018, CVSA submitted a letter to FMCSA expressing concerns regarding the agency’s recently released guidance on the transportation of agricultural commodities. The comments addressed the impacts on enforcement of HOS and concern that the guidance could increase fatigue in the agricultural commodities industry.