Regulatory Updates – June 9, 2017

Update on Relevant U.S. Regulations

FMCSA Proposes Pilot Program Allowing Drivers to Split Sleeper Berth Time
On June 6, 2017, the Federal Motor Carrier Safety Administration (FMCSA) proposed a pilot program allowing a limited number of drivers to split their sleeper berth time within parameters set by FMCSA. The pilot program aims to collect data that will help the agency determine whether more flexibility in sleeper berth regulations can improve driver alertness. Comments are due by Aug. 7, 2017.

FMCSA Withdraws Financial Responsibility Rulemaking
On June 5, 2017, FMCSA announced the withdrawal of an advance notice of proposed rulemaking (ANPRM) evaluating minimum financial responsibility requirements for motor carriers, freight forwarders and brokers. FMCSA cited insufficient data to determine whether an adjustment is needed as the reason for the withdrawal.

FMCSA Announces UCR Plan Board Meeting
On May 30, 2017, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Board of Directors on June 7, 2017, in Santa Fe, New Mexico. The board continued its work developing and implementing the UCR plan and agreement. Attendance was open to the public.

Update on Exemptions

UPS Requests Exemption from Provisions of ELD Mandate
On June 9, 2017, FMCSA announced that the United Parcel Service Inc. (UPS) requests an exemption from certain provisions of the electronic logging device (ELD) mandate. UPS seeks an alternative ELD phase-in period for fleets already using automatic on-board recording devices (AOBRDs). UPS also requests exemption from certain vehicle movement annotations required by the final rulemaking, including duty status changes and yard moves. Comments are due by July 9, 2017.

APA Requests Exemption from 14th Hour Rule
On June 6, 2017, FMCSA issued a correction to its May 15, 2017, announcement that the American Pyrotechnics Association (APA) requested an exemption for a member company, Pyro Shows of Alabama Inc., from the prohibition on driving commercial motor vehicles after the 14th hour after the driver comes on duty. The correction clarifies that comments responding to the exemption request are due by June 14, 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.