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Regulatory Update – Sept. 4, 2017

Update on Relevant U.S. Regulations

FMCSA Announces Public Meeting on CSA Study
On Aug. 28, 2017, the Federal Motor Carrier Safety Administration (FMCSA) announced a public meeting to discuss the results of the National Academy of Sciences report titled, ‘‘Improving Motor Carrier Safety Measurement.’’ The report was required by Section 5221 of the Fixing America’s Surface Transportation Act. The meeting will be held Sept. 8, 2017.

FMCSA Announces UCR Board Meeting 
On Aug. 23, 2017, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Plan Board of Directors. The meeting was held on Aug. 24, 2017, and was open to the public.

PHMSA Releases New DOT Chart 16 
On Aug. 22, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the latest version of the “Hazardous Materials Markings, Labeling and Placarding Guide.” The guide contains a new lithium battery handling mark with a transition date of Dec. 31, 2018; the new hazard class 9 label for lithium battery handling, with an effective date of Jan. 2019; and the yellow organic peroxide 5.2 placard was replaced with the red and yellow organic peroxide 5.2 placard. In addition to the print version, the DOT Chart 16 is now available as a free mobile application for Android and iOS devices.

CVSA Petitions, Comments to Rulemakings and Letters

CVSA Petitions FMCSA to Amend “Actual Knowledge” Definition
On Aug. 25, 2017, CVSA submitted a petition to FMCSA asking the agency to amend Title 49 C.F.R. § 382.107 by expanding the definition of “actual knowledge” to recognize long form criminal complaints as citations. The definition as currently drafted creates an issue when, in certain jurisdictions, officers file long form criminal complaints in lieu of issuing a citation roadside at the request of the prosecutor or district attorney. In these circumstances, while a driver can be criminally prosecuted, motor carriers, who may be equally culpable, can escape liability simply due to the format in which the violation is recorded.

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 Tracker” tab at the top of the page.