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Regulatory Updates – Aug. 19, 2016

Update on Relevant U.S. Regulations

DOT Update on Significant Rulemakings

On Aug. 16, 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 has been delayed one month, from Aug. 29, 2016 – Sept. 26, 2016.
  • FMCSA/NHTSA Joint Rule on Heavy-Vehicle Speed Limiters – Publication has been scheduled for Aug. 26, 2016.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication has been delayed three months, from Nov. 3, 2016 – Feb. 3, 2017.
  • Federal Motor Vehicle Safety Standard (FMVSS) 150 – Vehicle to Vehicle (V2V) Communication NPRM – Publication has been delayed one month, from Aug. 26, 2016 – Sept. 26, 2016.

FMCSA Requests Comments on Licensing Applications for Motor Carrier Operating Authority

On Aug. 15, 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced a notice and request for comment to renew an Information Collection Request (ICR) titled, “Licensing Applications for Motor Carrier Operating Authority,” that is used by for-hire motor carriers of regulated commodities, motor passenger carriers, freight forwarders, property brokers and certain Mexico-domiciled motor carriers to register their operations with FMCSA. Comments are due by Oct. 11, 2016.

PHMSA Published Update on Special Permit Applications

On Aug. 10, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Announces Medical Review Board Meeting

On Aug. 10, 2016, FMCSA announced a meeting of its Medical Review Board (MRB) on Aug. 22-23, 2016. The MRB will make recommendations to FMCSA on the disposition of comments from medical professionals and associations, as well as safety advocacy, labor and industry groups, to FMCSA and the Federal Railroad Administration’s (FRA) Advance Notice of Proposed Rulemaking (ANPRM) of March 10, 2016, on safety-sensitive rail and commercial motor vehicle (CMV) drivers with moderate to severe Obstructive Sleep Apnea (OSA). Additionally, the MRB will review its previously issued report on OSA from 2012 to determine whether the report should be updated based on any changes to medical standards and practice or the comments received at the listening sessions and to the docket. The meetings are open to the public for their entirety, and the public will be allowed to comment during the proceedings.

FMCSA Notice of Revisions to National Hazardous Materials Route Registry

On Aug. 8, 2016, FMCSA announced a notice to provide the most current revisions to the National Hazardous Materials Route Registry (NHMRR) and procedures to facilitate the update of the NHMRR by state and tribal government routing agencies. The NHMRR is a listing, as reported by states and tribal governments, of all designated and restricted road and preferred highway routes for transportation of highway route controlled quantities (HRCQ) of Class 7 radioactive materials (RAM) (HRCQ/RAM) and non-radioactive hazardous materials (NRHMs). The notice is effective Aug. 8, 2016.

CVSA Petitions and Comments to Rulemakings

FMCSA Denies CVSA 30-Minute Rest Break Petition

On Aug. 8, 2016, FMCSA issued its response to CVSAs petition to amend Title 49 C.F.R. § 395.3,

Maximum driving time for property-carrying vehicles., by striking § 395.3(a)(3)(ii) Rest breaks. FMCSA denied CVSA’s petition, based on a lack of data to support the contention that the rule is difficult to consistently enforce and creates an undue burden for inspectors to verify compliance.

Update on Exemptions

FMCSA Grants HOS Exemption to Farruggio’s Express

On Aug. 10, 2016, FMCSA announced its decision to grant Farruggio’s Express (Farruggio), an exemption from the timecard requirements for its drivers who may not meet all of the conditions for use of the logbook exception for operations within a 100 air-mile radius of the normal work reporting location. This exemption enables Farruggio’s drivers who stay within the 100 air-mile radius, but may occasionally exceed the 12-hour limitation, from having to complete a daily record of duty status (RODS). Instead, the drivers will at all times use an electronic logging system called Geotab to track hours-of-service (HOS) data, including real-time vehicle locations. The exemption is effective Aug. 10, 2016 – Aug. 10, 2021.

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.

Other Items of Interest

FMCSA Launches New Safety Campaign to Raise Awareness About Sharing the Road with Large Trucks and Buses

On Aug. 11, 2016, FMCSA announced the launch of its new safety-focused campaign “Our Roads, Our Responsibility”. Under the campaign, FMCSA suggests the following tips while sharing the road with CMVs:

  • Stay out of the “no zones” or blind spots around the front, back and sides of the vehicle
  • Pass safely and make sure you can see the driver in the mirror before passing
  • Don’t cut it close while merging in front of a CMV
  • Anticipate wide turns and consider larger vehicles may require extra turning room
  • Stay focused on the road around you and avoid distraction
  • Be patient driving around large trucks and buses