Regulatory Updates – October 2, 2015

Update on Relevant U.S. Regulations

FMCSA Issues AOBRD Editing Regulatory Guidance

On October 2, 2015, the Federal Motor Carrier Safety Administration (FMCSA) issued regulatory guidance concerning the editing of records created by automatic on-board recording devices (AOBRDs). The guidance clarifies that, within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. The AOBRD must retain the original entries, and reflect the date, time, and name of the person making edits to the information. Drivers’ supervisors may request that a driver make edits to correct errors, but the driver must accept or reject such requests. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. All prior agency interpretations and regulatory guidance on this subject, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance. This regulatory guidance is effective October 2, 2015.

PHMSA Extends Comment Deadline for NYC Permit Requirements

On October 1, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a noticereopening the period for comments on the American Trucking Associations (ATA) application for a preemption determination concerning the requirements of the New York City Fire Department for a permit to transport certain hazardous materials by motor vehicles through New York City, or for transshipment from New York City, and the fee for the permit. Comments are due November 2, 2015.

FMCSA Issue Final Rule Making Technical Corrections and Amendments

On October 1, 2015, FMCSA issued a Final Rule making a series of technical and ministerial corrections throughout Title 49 of the Code of Federal Regulations (CFR), subtitle B, chapter III. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to an Underwriters Laboratories’ standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision. The final rule is effective October 1, 2015.

FMCSA Renews MCSAC Charter

On September 29, 2015, FMCSA issued an announcement renewing the Motor Carrier Safety Advisory Committee’s charter for two years. The charter renewal took effect on October 1, 2015.

PHMSA Publishes Updates on Special Permits

PHMSA has published updates on Special Permit Applications.

Update on Exemptions

Exemptions Granted

FMCSA has issued the following exemption:

  • 30 Minute Rest Break Exemption for R&R Transportation Group – On October 2, 2015, FMCSA issued a notice granting an exemption request from R&R Transportation Group (R&R). R&R requested the exemption for drivers engaged in the transportation of materials that by their nature must be attended, such as radioactive materials, pharmaceuticals, and ammunition. The exemption provides these drivers the same regulatory flexibility that the HOS regulations allow drivers transporting explosives, i.e., to use 30 minutes or more of on-duty attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break. The exemption is effective October 2, 2015 and expires on October 2, 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.