Regulatory Updates – July 10, 2015

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits

On July 2, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on Special Permit Applications.

FMCSA Extends Deadline for Lease/Interchange of Passenger CMVs Final Rule

On July 1, 2015, FMCSA issued a notice extending the deadline for petitions for reconsideration for its May 27, 2015, final rule concerning the lease and interchange of commercial motor vehicles (CMVs) by motor carriers of passengers. The final rule provides regulations governing the lease and interchange of passenger-carrying CMVs to identify the motor carrier operating a passenger-carrying CMV that is responsible for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers. The new deadline for petitions for reconsideration is August 25, 2015.

FMCSA Issues Correction to CDL Program Final Rule

On June 29, 2015, FMCSA issued a Final Rule making corrections to its regulations implementing certain provisions of the Moving Ahead for Progress in the 21st Century Act (MAP– 21). FMCSA determined that an error was made in the publication of the October 1, 2013, MAP–21 Implementation final rule. That rule inadvertently deleted paragraph (c) of § 384.209, Notification of traffic violations. This final rule is necessary to address the inadvertent error made to the state compliance regulations. This final rule is effective on June 29, 2015.

Other Items of Interest

FMCSA Announces Implementation of Off Site Safety Audit Procedures

On June 29, 2015, FMCSA announced the completion of its New Entrant Safety Assurance Program Operational Test (Operational Test) and the beginning of the national implementation of the Offsite Safety Audit Procedures. National implementation of the Off-site Safety Audit Procedures will begin in the summer of 2015 and continue over the next 36 months.

FMCSA Seeking Comment to Changes to SMS, including Displaying HM BASIC

Also on June 29, 2015, FMCSA announced the next set of enhancements to the agency’s Compliance, Safety, Accountability (CSA) program. The changes would include adjusting some of the Safety Measurement (SMS) Intervention Thresholds to better reflect the Behavior Analysis and Safety Improvement Categories’ (BASICs) correlation to crash risk, other changes to the Hazardous Materials (HM) Compliance BASIC, reclassifying violations for operating while out-of-service (OOS) to the Unsafe Driving BASIC, and adjustments to the Utilization Factor (UF). FMCSA will provide a preview of the proposed enhancements allowing motor carriers to see their own data, enforcement to see the data, and an opportunity for all to comment prior to implementation. Comments are due July 29, 2015.