Regulatory Updates – September 21, 2015

Update on Relevant U.S. Regulations

DOT Issues Update on Significant Rulemakings

On September 15, 2015, the Department of Transportation (DOT) published its monthly Report on DOT Significant Rulemakings. The report included the following updates:

  • Safety Fitness Determination Notice of Proposed Rulemaking (NPRM) – publication is still scheduled for September 30, 2015.
  • CDL Drug and Alcohol Clearinghouse Final Rule – publication has been delayed just over one month, from January 20, 2016 to March 2, 2016.
  • ELD Final Rule – Final rule was sent to Office of Management and Budget (OMB) on July 28, 2015, publication has been delayed one month from September 30, 2015 to October 20, 2015.
  • MAP-21 Enhancements to the Unified Registration System NPRM – publication has been delayed two months from April 19, 2016 to June 20, 2016.
  • MAP-21 Prohibition of Coercion Final Rule – publication has been delayed one month from September 25, 2015 to October 29, 2015.
  • FMCSA/NHTSA Joint Rule on Heavy Vehicle Speed Limiters – publication has been delayed one month, from August 20, 2015 to September 21, 2015.
  • Entry-Level Driver Training NPRM – the NPRM was sent to OMB on September 1, 2015, publication has been delayed one month, from October 15, 2015 to November 16, 2015.
  • Motorcoach Rollover Structural Integrity Final Rule – publication has been delayed five months, from December 31, 2015 to May 21, 2016.

Wetlines Final Rule – after review, PHMSA proposes to withdraw the Final Rule, withdrawal is scheduled for October 21, 2015.

PHMSA Issues Final Rule Regarding Special Permit SOPs

On September 10, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Final Rule adopting regulations to include the standard operating procedures (SOPs) and criteria used to evaluate applications for special permits and approvals. The rulemaking also provides clarity regarding what conditions need to be satisfied to promote special permit application completeness. The Final Rule does not change previously established policies and is effective on November 9, 2015.

FHWA Announces Comment Deadline for S&W Study

Also on September 10, 2015, the Federal Highway Administration (FHWA) issued a notice announcing the deadline for comments on the agency’s Comprehensive Truck Size and Weight Limits Study. Comments must be received by October 13, 2015 in order to receive full consideration by DOT with respect to the MAP–21 Comprehensive Truck Size and Weight Limits Study Report to Congress.

Agencies Extend Comment Period on Heavy Vehicle Fuel and Emissions Standards

On September 8, 2015, the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) issued a notice extending the deadline to comment on the agencies’ joint proposal entitled ‘Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles— Phase 2’. The comment deadline was extended from August 31, 2015 to October 1, 2015.

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.

Update on Other Items of Interest

Ontario Court Upholds Speed Limiters Requirement

On August 31, 2015, the Ontario Court of Appeals issued a ruling in support of the 65-mile-per-hour speed-limiter rule in the Canadian province. The original suit alleged that the devices pose a threat to safety. The Court ruled that the data did not support that claim and upheld the province’s authority to issue the rule.