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Regulatory Updates – June 24, 2016

Update on Relevant U.S. Regulations

NHTSA Final Rule on Lighting and Marking on Agricultural Equipment

On June 22, 2016, the National Highway Traffic Safety Administration (NHTSA) announced its final rule on lighting and marking on agricultural equipment, adding a new regulation to the Code of Federal Regulations (CFR) that sets forth requirements for lighting and marking on agricultural equipment to improve daytime and nighttime visibility. The final rule standardizes lighting and marking requirements for agricultural equipment across the United States. The final rule is effective June 22, 2016, with compliance required by June 22, 2017.

FMCSA Request for Comment on Financial Responsibility of Motor Carriers of Passengers and Motor Carriers of Property

On June 21, 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a request for comment to the public for use of information to verify a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility. Statute mandates that motor carriers maintain proof of the required financial responsibility at their principal places of business, available upon request of an FMCSA safety investigator during compliance reviews. Insurance endorsements and surety bonds are considered public information and must be produced by a motor carrier of passengers for review upon reasonable request by a member of the public. Comments are due by July 21, 2016.

FMCSA Incorporation by Reference; North American Standard OOSC Hazardous Materials Safety Permits

On June 17, 2016, FMCSA announced its final rule to hazardous materials safety permits rules to update the current incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403”. Currently, the rules reference the April 1, 2015, edition of the out-of-service criteria and, through this final rule, FMCSA incorporates the April 1, 2016, edition. The final rule is effective June 17, 2016.

DOT Update on Significant Rulemakings

On June 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 Jan. 18, 2017.
  • CDL Drug and Alcohol Clearinghouse Final Rule – Publication is still scheduled for Aug. 29, 2016.
  • FMCSA/NHTSA Joint Rule on Heavy-Vehicle Speed Limiters – Publication has been delayed from spring 2016 to summer 2016.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication is still scheduled for Nov. 3, 2016.
  • Federal Motor Vehicle Safety Standard (FMVSS) 150 – Vehicle to Vehicle (V2V) Communication NPRM – Publication has been delayed just over one month from June 18, 2016, to July 26, 2016.

PHMSA Notice and Request for Comment on Inspection and Testing of Portable Tanks

On June 16, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a request for comment on the inspection and testing of portable tanks and intermediate bulk containers. The request pertains to provisions for documenting qualifications, inspections, tests and approvals pertaining to the manufacture and use of portable tanks and intermediate bulk containers under various provisions of the hazardous materials regulations (HMR). Comments are due by July 18, 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.

Other Items of Interest

U.S. Transportation Secretary Anthony Foxx Gives Update on FAST Act

On June 8, 2016, Transportation Secretary Anthony Foxx gave an update before the Senate Commerce, Science and Transportation Committee. Highlights of Secretary Foxx’s update included vehicle-to-vehicle infrastructure, truck safety and auto recalls. Text of the full hearing can be found on the Senate Commerce, Science and Transportation Committee webpage.