Regulatory Updates – July 7, 2017

Update on Relevant U.S. Regulations

FMCSA Seeks to Extend ICR on Crash Recordkeeping Requirements
On July 7, 2017, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice and request for comment regarding the agency’s intent to seek an extension of the Information Collection Request (ICR) on crash recordkeeping requirements. Comments are due by Aug. 7, 2017.

PHMSA Issues NY Preemption Determination
On July 6, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of determination preempting New York City’s hazardous materials truck permit and inspection program and the associated fees. The determination is effective July 26, 2017.

ITS Program Advisory Committee to Meet in July
On July 3, 2017, the U.S. Department of Transportation announced that the Intelligent Transportation Systems (ITS) Program Advisory Committee will hold a meeting July 18-19, 2017, in Arlington, Virginia. The meeting will be open to the public.

FMCSA Seeks Comment on Sleeper Berth Pilot Program
On June 27, 2017, FMCSA issued a notice and request for comment on the agency’s intent to solicit comments regarding a split sleeper berth pilot program. FMCSA is seeking data on whether or not split sleeper berth time has an impact on driver safety and fatigue. Comments are due by Aug. 28, 2017.

PHMSA Publishes Updates on Special Permits
On June 26, 2017, PHMSA published updates on special permit applications:

Update on Exemptions

FMCSA Adds Carrier to Independence Day HOS Exemption
On July 7, 2017, FMCSA granted an exemption to Pyro Shows of Alabama Inc., adding the carrier to the American Pyrotechnics Association’s exemption from the 14-hour rule during the Independence Day time frame. The exemption, which applies to 51 companies, is effective June 28-July 8 each year, through 2020.

FMCSA Seeks Comment on HOS Exemption Request
Also on July 7, 2017, FMCSA published a notice and request for comment regarding an exemption request from Rail Delivery Services (RDS), which is seeking an exemption from the requirement to complete a record of duty status (RODS) for drivers who stay within a 100 air-mile radius of their normal work-reporting location but may occasionally return to that location more than 12 hours later. RDS states that its fleet of commercial motor vehicles (CMVs) are all equipped with a global positioning system (GPS) vehicle tracking device, which they believe justifies their request for this exemption. Comments are due by Aug. 7, 2017.

FMCSA Grants CLP Exemption
On June 27, 2017, FMCSA granted an exemption to New Prime Inc. from the regulation that requires a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder seated in the front passenger seat of the vehicle while the CLP holder performs behind-the-wheel training; however, a CDL holder must be in the vehicle. The exemption is effective from June 27, 2017, through June 27, 2022.

FMCSA Seeks Comment on Windshield Exemption Request
On June 26, 2017, FMCSA issued a notice and request for comment on an exemption request from Daimler Trucks North America. Daimler is seeking an exemption to allow its attention assist and lane departure warning system camera to be mounted lower on the windshield than is currently permitted. Comments are due by July 26, 2017.

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

FHWA Publishes Truck Parking Report
On July 6, 2017, the Federal Highway Administration (FHWA) released a report from the National Coalition on Truck Parking. The report contains suggestions and best practices for improving truck parking, including strategies for expanding parking capacity, using technology and data to maximize the efficient use of parking, options for funding and financing, and initiatives for state, regional and local government coordination and planning.