Regulatory Updates – Sept. 2, 2016

Update on Relevant U.S. Regulations

FMCSA Publishes Correction to Final Rule That Addressed a Number of CVSA’s Petitions

On Sept. 2, 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a correction to its July 22, 2016, final rule making changes to the federal motor carrier safety regulations regarding inspection, repair and maintenance. Specifically, the agency made several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for anti-lock brake systems (ABS). The corrections are effective Sept. 2, 2016.

PHMSA Seeking Comment on California Meal and Rest Break Requirements

On Sept. 2, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice and request for comment on an application by the National Tank Truck Carriers for an administrative determination as to whether federal hazardous material transportation law preempts regulations of the state of California that prohibit an employer from requiring an employee to work during any mandatory meal or rest period. Comments are due by Oct. 17, 2016, and rebuttal comments are due by Dec. 1, 2016.

FMCSA Issues Notice of Intent to Amend Passenger Motor Carrier Lease Requirements

On Aug. 31, 2016, FMCSA issued a notice of intent to issue a rulemaking concerning revisions to its May 27, 2015, final rule titled “Lease and Interchange of Vehicles; Motor Carriers of Passengers.’” The agency received numerous petitions for reconsideration of the final rule and determined that amendments should be considered in response to some of the petitions.

FMCSA and NHTSA Release Speed Limiter NPRM

On Aug. 26, 2016, FMCSA and the National Highway Traffic Safety Administration (NHTSA) released a joint notice of proposed rulemaking (NPRM) that would establish safety standards requiring all newly manufactured U.S. trucks, buses and multipurpose passenger vehicles with a gross vehicle weight rating more than 26,000 pounds to come equipped with speed limiting devices. Comments are due by Nov. 7, 2016.

FMCSA Updates Motorcoach Pre-trip Safety Guidance

On Aug. 26, 2016, FMCSA issued a notice amending the agency’s pre-trip safety guidance to include language recommending that the motorcoach industry encourage passengers to use lap/shoulder seat belts.

FMCSA Announces CDL Pilot Program for Younger Drivers

On Aug. 22, 2016, FMCSA issued a notice and request for comments regarding plans to initiate a pilot program to allow a limited number of individuals between the ages of 18 and 21 to operate commercial motor vehicles in interstate commerce if they have received specified heavy-vehicle driver training while in military service and are sponsored by a participating motor carrier. The agency is seeking input on the three-year proposal. Comments are due by Sept. 21, 2016.

PHMSA Publishes Update on Special Permits

In August, PHMSA published updates on special permit applications:

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.