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Regulatory Update – Sept. 30, 2016

Update on Relevant U.S. Regulations

DOT Issues Update on Significant Rulemakings

On Sept. 22, 2016, the U.S. Department of Transportation (DOT) published its monthly report on significant rulemakings. The report included the following updates:

  • MAP-21 Enhancements to the Unified Registration System (URS) NPRM – Publication is still scheduled for April 19, 2017.
  • CDL Drug and Alcohol Clearinghouse Final Rule – Publication is still scheduled for Sept. 26, 2016.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication is still scheduled for Feb. 3, 2017.
  • Federal Motor Vehicle Safety Standard (FMVSS) 150 – Vehicle to Vehicle (V2V) Communication NPRM – Publication has been delayed two months, from Sept. 26, 2016 – Nov. 26, 2016.
  • Entry-Level Driver Training Final Rule – Publication is scheduled for Nov. 10, 2016.

NHTSA and FHWA Issue Update of Open Container and Intoxicated Driver Laws

On Sept. 30, 2016, the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA) issued a joint interim final rule that instructs states on compliance determinations regarding minimum standards for open containers laws and repeat intoxicated driver laws. The changes implement new compliance criteria included in the FAST Act and updates regulations to reflect current practices. Comments are due by Nov. 30, 2016.

FMCSA Announces UCR Plan Board Meeting

On Sept. 29, 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced a Unified Carrier Registration (UCR) Board of Directors meeting on Oct. 13, 2016. The board will continue its work in developing and implementing the UCR plan and agreement and may also consider other matters before the board. The meeting will be open to the public and those not attending in person may dial-in to listen and participate.

NHTSA and FMCSA Release Environmental Assessment of Speed Limiting Devices

Also on Sept. 29, 2016, NHTSA and FMCSA jointly released a draft environmental assessment that evaluates the potential environmental impact of the Sept. 7, 2016 speed limiter proposal. Comments are due by Nov. 7, 2016.

FMCSA Announces Meeting on Passenger Motor Carrier Lease and Interchange Proposal

On Sept. 27, 2016, FMCSA announced it would hold a roundtable for stakeholders to discuss its Aug. 31, 2016, publication of petitions for reconsideration of the final rule, “Lease and Interchange of Vehicles; Motor Carriers of Passengers” published on May 27, 2015. The meeting is a chance for individuals to share their experiences and perspectives on the rule. Attendance is open to the public.

NHTSA Issues Autonomous Vehicle Guidelines

On Sept. 20, 2016, NHTSA released guidelines for the design, manufacture and regulation of autonomous vehicles. The policy contains four parts: (1) Vehicle Performance Guidance for Automated Vehicles; (2) Model State Policy; (3) NHTSA’s Current Regulatory Tools; and (4) Modern Regulatory Tools. The policy highlights the need for a unified regulatory framework for autonomous vehicles and emphasizes safety as a primary consideration for manufacturers.

CVSA Petitions and Comments to Rulemakings

FMCSA Issues Final Rule on Windshield-Mounted Technologies

On Sept. 23, 2016, FMCSA issued a final rule to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to allow for the voluntary mounting of certain devices on the interior windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by windshield wipers. This final rule is the result of Section 5301 of the FAST Act which directed FMCSA to amend the FMCSRs to allow devices to be mounted that used “vehicle safety technology.” The final rule is effective Oct. 24, 2016.

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 account and clicking on the “Exemptions Tracker” tab at the top of the page.