Relevant U.S. Regulations Updated.
PHMSA Submitted ICR on Feedback of Agency Service Deliver
On September 21st, 2018, an Information Collection Request (ICR) was published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) on the agency’s service delivery. PHMSA is planning on asking for information from stakeholders regarding the performance of the agency. The due date for comments is October 22nd, this year.
Preemption on California Meals and Rest Break Requirements Published by PHMSA
On the same day, the PHMSA released a statement saying that the meal and rest break requirements of the state of California are creating unnecessary delays when transporting hazardous materials. Such statement requests the further revision to the meals and rest break requirements. PHMSA released the statement as a response to a National Tank Truck Carriers’ request from September 2nd, 2016.
Public Listening Session on Potential Changes to HOS Announced by FMCSA
On September 20th, 2018, the Federal Motor Carrier Safety Administration announced that there will be a Public Listening Session on possible changes regarding regulations of the Hours-Of-Service (HOS) that an advance notice of purposed rulemaking (ANPRM) announced recently. This Listening Session will take place at the National Automobile Museum in Reno, Nevada, on September 22nd of this year. Such session will also be broadcasted live.
Comment Period on HOS ANPRM Extended by FMCSA
On the same day, the FMCSA released an extension on the comment period they had given to the HOS ANPRM. This comment period was extended until October 10th.
Amendment to the Final Rule for Lease and Interchange of Vehicles Proposed by FMCSA
On the same day, amendments to the final rule regarding the lease and interchange of vehicles for passenger motor carriers were proposed by the FMCSA. The modifications intend to modify the definition of the term “lease” so the applicability of the rule could be narrowed down. The due date for comments is on November 19th.
FHWA Analyzing the Possibility of Delegating to States the Program-Wide Responsibilities
Also on September 20th, the Federal Highway Administration (FHWA) announced that they will be establishing a Special Experimental Project (SEP-16) to assess and evaluate the delegation of responsibilities of the Federal-aid highway program to states, only in a program level.
Diabetes Standards for CMV Operators Revised by FMCSA
On September 19th, 2018, the FMCSA released a final rule to review standards of commercial motor vehicle operators’ diabetes. This revision will enable operators with a rigid insulin regimen under proper control of insulin-based mellitus to operate CMVs through interstate commerce. Drivers who suffer from diabetes must obtain an exemption to operate. This final rule will become effective on November 19th, and the due comments will be due on the same date.
ELD Vendor Registration ICR Revised by FMCSA
On September 17th, 2018, a revision to the Electronic Logging Device (ELD) Vendor Registration ICR was published by the FMCSA. This ICR makes it possible for vendors to submit any information required by FMCSA to certify their own ELDs. The due date for comments is November 16th, 2018
FMCSA Requested a Renewal of the ICR Registration of Mexico-Based Foreign Motor Carriers
On the same day, a request for renewal of the Application for Certification of Registration for Foreign Motor Carriers ICR was published by the FMCSA. This request requires motor carriers based on Mexico to file an application to operate in the U.S. Due date for comments is October 17th.
Update on Exemptions
CVSA Active Exemption Tracker
CVSA keeps a list of FMCSA issued exemptions that remain active. The document can be accessed by members if they log into their CVSA member portal and click on the tab that says “Exemptions”, which can be located at the top of the page.
CVSA Comments to Rulemakings, Letters, and Petitions
Comments on NHTSA’s State Data Transfer for Vehicle Crash Data ICR Submitted by CVSA
On September 10th, 2018, comments on the National Highway Traffic Safety Administration ICR regarding electronic transfer of state crash data were submitted by the CVSA. Such comments acknowledge the benefits of safety if timely data access was possible. The CVSA also expressed how necessary federal funding is in order to offset the burden on states for improvements on states systems of information technology.
CVSA Submitted a Request for an Extension on FMCSA’s HOS ANPRM Comment Period
On August 27th, 2018, a request for comment period extension was submitted by the CVSA regarding the FMCSA’s HOS ANPRM. The CVSA was looking for a 30-day extension on the comment period to allow proper consideration on the issue. On September 20th FMCSA granted an extension of 15 days.
CVSA Requested FMCSA to Modify Regulatory Guidance for Accessory Equipment
On the same day, the CVSA submitted a request addressed to the FMCSA. They are requesting that the agency fix Title 49 Code of Federal Regulations (CFR) 393.130 to follow the same language used in the Canadian National Safety Code Standard, Section 89 (2) Accessory Equipment. The FMCSA stated they were aware of the request to review the petition, this on September 14th, 2018.
CVSA Submitted a Request to the FMCSA to Amend CFR 389.31 in order to Encompass NACA Chain Hook Specification Table
On the same day, the CVSA requested that the FMCSA modify Title 49 CFR 389.31 in order to include the chain hook specification tables of the National Association of Chain Manufacturers (NACA). FMCSA stated they were aware of the petition on September 9th, 2018
CVSA Requests FMCSA to Add to Appendix G Rear Impact Guards and Read End Protection
On the same day, the CVSA requested the FMCSA to include rear-end impact guards and rear-end protection guidelines to the standards of minimum periodic inspections that are part of Appendix G. the FMCA stated they were aware of the petition on September 9th, 2018.
Letter on Personal Conveyance Guidance Sent to FMCSA by CVSA
Also on August 27th, 2018, the CVSA sent a letter to the FMCSA on which they expressed their concerns in relation to guidance on use of the “personal conveyance” designation that the agency released recently. The letter discussed some challenges that might be caused by the guidance on uniform enforcement of HOS, as well as concerns that the interpretation might end up causing increased fatigue.
CVSA Sends Letter to FMCSA Regarding Transport of Agricultural Commodities Guidance
On the same day, the CVSA sent a letter to the FMCSA to communicate their concerns in relation to guidance on the transportation of agricultural commodities recently released by the agency. The observations discussed the impact of HOS enforcement, as well as worries regarding how such a guidance could increase the levels of fatigue within the agricultural commodities industry.