Regulatory Update – April 23, 2018

Update on Relevant U.S. Regulations

NHTSA Publishes Bus Emergency Exits Correction 
On April 18, 2018, the National Highway Traffic Safety Administration (NHTSA) published a correction to the §571.217 Standard No. 217 for bus emergency exits and window retention and release.

NHTSA Publishes Import Eligibility Decision Correction 
Also on April 18, 2018, NHTSA published a notice correcting an error made in its decision that certain model year (MY) 2000 East Lancashire Coachbuilders Limited Double Decker Tri-Axle buses (with Volvo B7L Chassis) that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. The correction is being made to properly identify the subject vehicles as MY 2001 models. The original eligibility decision was effective July 30, 2015. The correction is effective April 8, 2018, and applies to any vehicle that may have been previously imported under the original eligibility decision.

FMCSA Publishes Final Rule Allowing for Electronic Signatures and Records
On April 16, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) to allow for the use of electronic records and signatures to satisfy FMCSA’s regulatory requirements. The final rule is effective June 15, 2018.

FMCSA Announces UCR Board Meeting
Also on April 16, 2018, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Plan Board of Directors on April 19, 2018. The meeting was open to the public via conference call.

NHTSA Announces Availability of Seat Belt Assembly Anchorages Research
On April 16, 2018, NHTSA published a notice announcing the availability of certain documents supplementing the agency’s March 2015 supplemental notice of proposed rulemaking (SNPRM) to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 210, ‘‘Seat belt assembly anchorages.’’ The SNPRM proposed an alternative test procedure that would maintain the current FMVSS No. 210 body blocks and specify zones for the placement of the blocks at preload.

FMCSA Seeks Comment on ICR Regarding Certificate of Registration for Foreign Motor Carriers
On April 9, 2018, FMCSA published a notice and request for comment on the agency’s request to renew the information collection request (ICR) titled, ‘‘Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers,’’ that requires foreign (Mexico-based) for-hire and private motor carriers to file an application Form OP–2 if they wish to register to transport property only within municipalities in the United States on the U.S.-Mexico international borders or within the commercial zones. Comments are due by June 8, 2018.

Update on Exemptions

FMCSA Grants 30-Minute Rest Break Exemption for Certain Petroleum-Based Fuel Haulers
On April 9, 2018, FMCSA announced its decision to grant the National Tank Truck Carriers, Inc. (NTTC) and the Massachusetts Motor Transport Association, Inc. (MMTA) an exemption from the requirement that drivers of commercial motor vehicles (CMVs) take a 30-minute rest break. The exemption is limited to CMV drivers engaged in the transportation of specified types of petroleum-based fuels who would otherwise have to observe the rest break when their duty day unexpectedly exceeds 12 hours. The exemption is effective April 9, 2018-April 10, 2023.

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 portal and clicking on the “Exemptions” tab at the top of the page.

Regulatory Update – April 6, 2018

Update on Relevant U.S. Regulations

FMCSA Seeks Comment on Maintenance Records ICR
On April 4, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comment on the agency’s plan to request approval from the Office of Management and Budget (OMB) to revise an existing information collection request (ICR) related to the requirement that motor carriers maintain record of vehicle maintenance activities. Comments are due by June 4, 2018.

DHS Seeking Comment on Hazmat Endorsement Requirement ICR
On April 4, 2018, the Department of Homeland Security (DHS) published a notice and request for comment on an existing ICR on security threat assessment for individuals applying for a hazardous materials endorsement for a commercial driver’s license. Comments are due by June 4, 2018.

PHMSA Seeking Input on Agency Performance 
On April 3, 2018, the Pipeline and Hazardous Materials Administration (PHMSA) published a notice and request for comment on the agency’s plan to request approval from OMB to conduct a generic ICR to collect qualitative feedback on agency service delivery. Comments are due by June 4, 2018.

PHMSA Publishes Technical Correction to Automated Vehicles Notice
On March 29, 2018, PHMSA published a technical correction to the agency’s recent notice and request for comment on information related to the development and potential use of automated technologies in hazardous materials transportation. Comments are due by May 7, 2018.

FMCSA Seeking Comment on Deployment of Automated CMVs
On March 26, 2018, FMCSA published a notice and request for comment on existing Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be updated, modified or eliminated to facilitate deployment of commercial motor vehicles (CMVs) equipped with automated driving systems (ADS). In addition, FMCSA is seeking comment on a preliminary review of the FMCSRs that identifies regulations that may relate to the development and safe introduction of ADS. Comments are due by May 10, 2018.

Update on Exemptions

Stoneridge Requests Exemption from Mirror Requirement 
On April 5, 2018, FMCSA published a notice and request for comment on an exemption request from Stoneridge Inc. seeking to allow motor carriers who operate CMVs equipped with the company’s MirrorEye Camera Monitor System installed as an alternative to the two rear-vision mirrors required by the FMCSRs. Comments are due by May 7, 2018.

Wilcox Truck Line Requests ELD Exemption
On April 4, 2018, FMCSA published a notice and request for comment on an exemption request from Wilcox Truck Line Inc. The company is seeking a five-year exemption from the electronic logging device (ELD) requirement when transporting loads in support of a program at the U.S. Department of Energy’s Idaho National Lab (INL). INL has submitted a letter confirming that security regulations require these loads must be free from being electronically tracked. Comments are due May 4, 2018.

Livestock and Insect Haulers Exempt from ELD Requirement
On April 4, 2018, FMCSA announced that livestock and insect haulers are not required to comply with the ELD requirement for the duration of the fiscal 2018 appropriations bill, which is effective until Sept. 30, 2018, as well as any subsequent continuing resolutions of the funding bill.

FMCSA Renews SDLA CLP Exemption
Also on April 4, 2018, FMCSA issued a notice announcing the agency’s decision to renew the Oregon Department of Transportation’s (ODOT) exemption from the commercial learner’s permit (CLP) requirements in 49 CFR Part 383. The exemption, which applies to all state driver’s licensing agencies (SDLAs), allows the agencies to extend to one year the 180-day timeline for the CLP from the date of issuance, without requiring the CLP holder to retake the general and endorsement knowledge tests. The exemption is effective April 5, 2018-April 5, 2019.

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 portal and clicking on the “Exemptions” tab at the top of the page.

Regulatory Update – March 23, 2018

Update on Relevant U.S. Regulations

FMCSA Extends ELD Waiver for Agricultural Community
On March 23, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice extending the waiver from the electronic logging device (ELD) requirement for the transportation of agricultural commodities for another 90 days. This waiver is effective March 18-June 18, 2018.

PHMSA Seeks Comment on Automated Vehicles and Hazardous Materials
On March 22, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a request for information related to the development and potential use of automated technologies for surface modes (e.g., highway and rail) in hazardous materials transportation. In anticipation of the development, testing and integration of automated driving systems in surface transportation, PHMSA is seeking input on factors the agency should consider to ensure continued safe transportation of hazardous materials without impeding emerging surface transportation technologies. Comments are due by May 7, 2018.

PHMSA Publishes Updates on Special Permits
On March 14, 2018, PHMSA published updates on special permit applications:

FMCSA Announces Motor Carrier Records Change Form ICR
On March 13, 2018, FMCSA announced the agency’s plan to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. The purpose of this ICR, titled ‘‘Motor Carrier Records Change Form,’’ is to more efficiently collect information the Office of Registration and Safety Information (MC–RS) requires to process name and address changes and reinstatements of operating authority. Comments are due by April 12, 2018.

Update on Exemptions

TTC Seeking Windshield Exemption
On March 22, 2018, FMCSA published a notice and request for comments on an application for exemption from Traditional Trucking Corporation (TTC) to allow a global positioning system (GPS) device to be mounted on the interior of the windshield of a commercial motor vehicle (CMV) within the areas allowed for vehicle safety technology devices. Comments are due by April 23, 2018.

TRALA Seeks ELD 8-Month ELD Exemption 
On March 13, 2018, FMCSA published a notice and request for comment on an exemption request from the Truck Renting and Leasing Association Inc. (TRALA). TRALA requested an exemption until Dec. 31, 2018, from the ELD requirements for all drivers of property-carrying CMVs rented for 30 days or fewer. A waiver for the same purpose and group of drivers was issued to TRALA on Jan. 19, 2018, and expires on April 19, 2018. Comments are due by April 12, 2018.

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 portal and clicking on the “Exemptions” tab at the top of the page.

Other Items of Interest

FMCSA Issues ELD Guidance on Return to Duty Procedure for OOS Drivers
On March 19, 2018, FMCSA issued additional guidance regarding enforcement of the ELD mandate. Beginning April 1, 2018, inspectors will begin placing drivers out of service if they are found to be operating a CMV without a required ELD or automatic on-board recording device (AOBRD). The driver will remain out of service for 10 hours (8 hours for drivers of passenger carrier CMVs). At that point, the driver will be allowed to travel to their final destination and should not be dispatched again without an ELD. If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.

Fiscal 2018 Spending Bill Approved

Earlier today, the President signed the fiscal 2018 omnibus spending bill, providing funding for federal programs through Sept. 30, 2018. The bill passed the House on Thursday and the Senate early Friday morning. The bill includes full funding for the commercial motor vehicle safety grants at the FAST Act levels.

  • MCSAP Basic – $298,900,000
  • High Priority – $43,100,000
  • CDL – $31,800,000
  • CMV Operators – $1,000,000

The bill makes $87 million in unspent CVISN and MCSAP funds available for modernization and maintenance of border facilities. The bill also makes $1 million in unspent CVISN and MCSAP funds available for a highly automated vehicle research and development program. In addition, the bill includes an exemption from the electronic logging device (ELD) requirement for motor carriers transporting livestock or insects through Sept. 30, 2018. Finally, the bill includes two weight exemptions, allowing trucks up to 99,000 pounds in New Hampshire and 129,000 pounds in North Dakota.

Funding Deadline Looms, Shutdown Possible

Funding for the federal government is scheduled to run out Friday, March 23, at midnight. House and Senate appropriators and leadership have been working to resolve the outstanding issues in order to introduce an omnibus spending bill that would fund the government through the end of the fiscal year. However, they are quickly running out of time to move legislation before the current continuing resolution runs out. Republicans and Democrats have been unable to resolve a number of high level policy issues surrounding immigration, healthcare and funding for a massive transportation project in the New York/New Jersey area.

If House and Senate leaders are able to reach agreement, a bill would be introduced in the House that would then go to the Senate for approval. If the Senate can muster unanimous consent to move the bill to the floor, the bill could pass before the Friday deadline. However, if any Senator objects, then the earliest the Senate could consider the bill is Sunday, which would mean Congress would either need to pass another continuing resolution or accept a short term weekend shut down.

Regulatory Update – March 12, 2018

Update on Relevant U.S. Regulations

EPA Seeking Comment on Proposed Approval of TRU Waste Characterization Program
On March 5, 2018, the Environmental Protection Agency (EPA) issued a notice of availability and request for comments on the agency’s proposed approval of the Transuranic (TRU) Waste Characterization Program at Idaho National Laboratory’s Advanced Mixed Waste Treatment Project. The TRU waste characterization program changes, particularly to the Acceptable Knowledge process, referred to as ‘‘enhanced AK’’, address deficiencies identified by the Department of Energy as among the root causes of the February 2014 radiation release at the Waste Isolation Pilot Plant (WIPP). Comments are due by April 19, 2018.

NHTSA Hosts Public Meeting on Drugged Driving
On March 1, 2018, the National Highway Traffic Safety Administration (NHTSA) announced a public meeting to address the issue of combating drugged driving. The meeting will be held March 15, 2018.

NHTSA Hosts Public Meeting Regarding Research Portfolio
Also on March 1, 2018, NHTSA announced a public meeting where the agency’s Vehicle Safety Research and Behavioral Safety Research offices will present information on activities related to priority research programs in vehicle and behavioral safety, including a focused overview session on NHTSA’s research in Automated Driving Systems. The meeting will be held March 16, 2018.

NHTSA Extends Automated Vehicles Comment Period
On Feb. 28, 2018, NHTSA published a notice extending the comment period for the agency’s open docket item on Automated Driving Systems. The docket, Removing Regulatory Barriers for Vehicles with Automated Driving System, was originally scheduled to close March 5, 2018. Comments are now due by March 20, 2018.

Update on Exemptions

ATA Seeks Automobile Transporter Warning Flag Exemption
On Feb. 27, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comment on an exemption request the agency received from the the Automobile Carriers Conference (ACC) of the American Trucking Associations (ATA) requesting that motor carriers operating stinger steered automobile transporter equipment be relieved from the requirement to place warning flags on projecting loads of new motor vehicles. ATA argues that the reflex reflectors that are required to be installed on the new motor vehicles being transported, in conjunction with the various marking and conspicuity requirements required on the trailer transporting the new vehicles, provide a level of safety that is greater than that achieved by the warning flags required by the Federal Motor Carrier Safety Regulations. Comments are due by March 29, 2018.

FMCSA Denies G4S ELD Exemption
Also on Feb. 27, 2018, FMCSA issued a notice denying a request from G4S Secure Solutions for an exemption from the electronic logging device (ELD) requirement. CVSA filed comments in opposition to this exemption request.

FMCSA Provides Additional Guidance Regarding ELDs and Ag Exemptions
In late February and early March, FMCSA published updates to the ELD section of the agency’s website, providing additional clarity regarding the ELD requirement and existing agricultural exemptions. This includes information providing clarification on when farm, ranch and agriculture haulers are subject to FMCSA’s rules and regulations.

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 portal and clicking on the “Exemptions” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments Regarding Old Dominion ELD Exemption Request 
On March 20, 2018, CVSA submitted comments to FMCSA in opposition to Old Dominion Freight Line Inc.’s request for an exemption that would allow the company to install ELDs running automatic on-board recording device (AOBRD) software in commercial motor vehicles added to the company’s fleet for up to one year from the Dec. 18, 2017, ELD compliance date.

CVSA Submits Comments Regarding SikhsPAC/North American Punjabiz Trucker Association ELD Exemption Request
On Feb. 26, 2018, CVSA submitted comments to FMCSA in opposition to a request from SikhsPAC and the North American Punjabiz Trucker Association for an exemption from the ELD requirements.

Regulatory Update – Feb. 23, 2018

Update on Relevant Canadian Regulations

Transport Canada Publishes Changes to Schedule XV
On Feb. 21, 2018, the Regulations Amending the Contraventions Regulations (Schedule XV) were published in Canada Gazette, Part II. The amendment makes changes to Schedule XV, as a result of amendments made to the Transportation of Dangerous Goods Act (TDGA) in 2009. Specifically, it amends certain existing short-form descriptions to more accurately reflect the wording of the offence as described in the TDGA; shortens the length of existing short-form descriptions already designated as contraventions so they can be reproduced in the allotted space on the ticket; and designates certain TDGA offences as contraventions by adding short-form descriptions and fine amounts.

Transport Canada Considers Dangerous Goods Shipper Registry
In February, Transport Canada announced that it is considering a shipper registration requirement that would require businesses that ship dangerous goods in Canada to register. The launch of the Transportation of Dangerous Goods Client Identification Database (TDG CID) in 2020-2021 will change how businesses that handle, offer for transport, transport or import dangerous goods in Canada interact with Transport Canada. TDG CID will require businesses to register with Transport Canada and provide information regarding company identification and dangerous goods activities. Comments are due by April 16, 2018.

Update on Relevant U.S. Regulations

PHMSA Seeks Comment on HM Shipping Paper ICR
On Feb 20, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice and request for comments on a proposed information collection request (ICR) regarding the requirement to provide shipping paper and emergency response information with shipments of hazardous materials.

NHTSA Announces Public Meeting on Automated Vehicles
On Feb. 13, 2018 the National Highway Traffic Safety Administration (NHTSA) issued a notice announcing a public meeting to identify any regulatory barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) to the testing, compliance certification and compliance verification of vehicles with Automated Driving Systems (ADS) and certain unconventional interior designs. The meeting will be in Washington, DC, on March 6, 2018, from 10 a.m.-3 p.m. EST.

U.S. DOT Announces Public Meeting on Automated Vehicles
On Feb. 12, 2018, the Office of the Secretary of the U.S. Department of Transportation (DOT) issued a notice announcing a public meeting to discuss DOT’s Automated Vehicles (AV) 3.0 document, which will provide a framework for automation in the surface transportation system and describe DOT’s multimodal approach to the safe rollout of AVs. The objectives of the public meeting are to get feedback on the draft AV 3.0 framework and identify priority federal and non-federal activities that can accelerate the safe rollout of AVs. The meeting will be in Washington, DC, on March 1, 2018, from 1-4 p.m. EST.

Update on Exemptions

CVTA Seeks Limited CLP/CDL Application Documentation Exemption
On Feb. 20, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments regarding an application from the Commercial Vehicle Training Association (CVTA) on behalf of the states for an exemption from certain requirements concerning the documentation required to demonstrate proof of U.S. citizenship or lawful permanent residence and to enable state driver licensing agencies (SDLAs) to accept commercial learner’s permit (CLP) and commercial driver’s license (CDL) applications from individuals relocating from Puerto Rico as a result of hurricanes Irma and Maria. Comments are due by March 22, 2018.

FMCSA Issues 90-Day Waiver to SLDAs Concerning CLP/CDL Application Documentation Requirements
Also on Feb. 20, 2018, FMCSA issued a limited 90-day waiver from certain requirements regarding proof of U.S. citizenship or legal permanent residence and domicile to enable SDLAs to accept CLP and CDL applications from individuals relocating from Puerto Rico as a result of hurricanes Irma and Maria. The waiver is effective Feb. 20, 2018-May 21, 2018.

FMCSA Confirms RVIA CDL Exemption
Also on Feb. 20, 2018, FMCSA published a notice reaffirming its renewal of the Recreation Vehicle Industry Association’s (RVIA) exemption from the federal CDL requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles to dealers or trade shows before retail sale. FMCSA announced its decision to renew RVIA’s exemption on April 12, 2017, pending a review of any comments received in response to that notice. After reviewing the comments, the agency has determined that RVIA’s operations may continue in accordance with the terms and conditions of the exemption renewal announced in April. The exemption expires on April 6, 2022.

FMCSA Grants STEMCO Lamp Exemption
On Feb. 14, 2018, FMCSA issued a notice granting STEMCO LP’s (STEMCO) application for a limited five-year exemption to allow motor carriers to operate certain commercial motor vehicles that are equipped with STEMCO’s TrailerTail® aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the agency’s regulations. The exemption is effective Feb. 14, 2018-Feb.14, 2023.

NECA Requests ELD Exemption
Also on Feb. 14, 2018, FMCSA issued a notice and request for comments on the National Electrical Contractors Association’s (NECA) request for an exemption from the electronic logging device (ELD) requirement for drivers operating vehicles used by contractors to install, repair and maintain the infrastructure of electrical utilities. Comments are due by March 16, 2018.

FMCSA Renews TowMate Lighting System Exemption
On Feb. 13, 2018, FMCSA issued a notice renewing TowMate, LLC’s current exemption allowing motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. The exemption is effective Feb. 9, 2018-Feb. 9, 2023.

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 portal and clicking on the “Exemptions” tab at the top of the page.

Other Items of Interest

USDOT Unveils New Strategic Plan
On Feb. 13, 2018, the U.S. DOT’s new strategic plan was released. The document addresses DOT’s strategic goals and objectives for fiscal years 2018-2022. It reflects the secretary’s priorities for achieving DOT’s mission through four strategic goals:

  • Safety: Reduce Transportation-Related Fatalities and Serious Injuries Across the Transportation System.
    Infrastructure: Invest in Infrastructure to Ensure Mobility and Accessibility and to Stimulate Economic Growth,
  • Productivity and Competitiveness for American Workers and Businesses.
  • Innovation: Lead in the Development and Deployment of Innovative Practices and Technologies that Improve the Safety and Performance of the Nation’s Transportation System.
  • Accountability: Serve the Nation with Reduced Regulatory Burden and Greater Efficiency, Effectiveness and Accountability.

Senate Confirms Martinez as FMCSA Administrator

The Senate has confirmed Ray Martinez as Administrator of the Federal Motor Carrier Safety Administration (FMCSA). Mr. Martinez was confirmed on Feb. 13 by a voice vote.

Prior to his nomination, Martinez served as chairman and chief administrator of the New Jersey Motor Vehicle Commission (MVC). He was the chairman of the MVC Board and an executive branch member of the New Jersey State Planning Commission. Martinez was also selected by the American Association of Motor Vehicle Administrators (AAMVA) to serve as a member of its international board of directors.

Regulatory Update – Feb. 9, 2018

Update on Relevant U.S. Regulations

FHWA Seeks Information on Crash Reporting
On Feb. 8, 2018, the Federal Highway Administration (FHWA) published a notice and request for comments on an information collection request (ICR) the agency sent to the Office of Management and Budget (OMB) related to serious injury and fatality crashes. FHWA is seeking to assess each states’ ability to report serious injuries using the new federal definition, established by the Moving Ahead for Progress in the 21st Century Act (MAP-21). Comments are due by March 12, 2018.

FMCSA Provides Additional Guidance Regarding Crash Preventability Program
On Feb. 7, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice providing additional guidance and information regarding the agency’s crash preventability demonstration project. The project began on Aug. 1, 2017, for crashes that occurred on or after June 1, 2017.

FMCSA Publishes ICR on Collection of Qualitative Feedback
Also on Feb. 7, 2018, FMCSA published a notice seeking to revise an existing ICR titled “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” due to an increase in the annual cost to respondents. According to the notice, the ICR will allow for ongoing, collaborative and actionable communication between FMCSA and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management. Comments are due by March 9, 2018.

EPA Publishes Corrections to Listing of Hazardous Waste
Also on Feb. 7, 2018, the Environmental Protection Agency (EPA) published two corrections to the Code of Federal Regulations (CFR).

  • § 261.6 Requirements for recyclable materials: § 261.6(a)(2)(iv) is revised to read: Spent lead-acid batteries that are being reclaimed (40 CFR Part 266, Subpart G).
  • Part 261, Subpart C: the heading of S ubpart C is reinstated to read: ‘‘Characteristics of Hazardous Waste.’’

PHMSA Corrects Definition of “Specification Packaging”
On Feb. 5, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a CFR correction to § 171.8, reinstating the definition of ‘‘specification packaging’’ to read as follows: Specification packaging means a packaging conforming to one of the specifications or standards for packagings in Part 178 or Part 179 of this subchapter.

FMCSA Seeking Comment on National Consumer Complaint Database
On Jan. 31, 2018, FMCSA published a notice and request for comment on an ICR regarding the National Consumer Complaint Database, an online interface allowing consumers, drivers and others to file complaints against unsafe and unscrupulous motor carriers and/or their employees, shippers, receivers and transportation intermediaries. Comments are due by March 2, 2018.

Update on Exemptions

FMCSA Grants Daimler Windshield Placement Exemption
On Jan. 31, 2018, FMCSA announced its decision to grant Daimler Trucks North America LLC’s application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles manufactured by the company to use an attention assist and lane departure warning system camera mounted lower in the windshield than is currently permitted. The exemption is effective Feb. 1, 2018-Jan. 31, 2023.

Old Dominion Seeks ELD Exemption 
Also on Jan. 31, 2018, FMCSA published a notice seeking comment on an exemption request from Old Dominion Freight Line Inc. Old Dominion requested that the company be permitted to install electronic logging devices (ELD) devices running automatic on-board recording device (AOBRD) software in commercial motor vehicles added to the company’s fleet for up to one year from the Dec. 18, 2017, ELD compliance date. This modified ELD phase-in period will allow Old Dominion’s AOBRD/ELD provider, PeopleNet, to complete the development of the software necessary to integrate ELD data with the company’s fleet management and safety systems to fully meet the ELD mandate. If granted, the exemption would apply to all motor carriers in similar situations concerning the integration of PeopleNet’s ELD software into fleet management systems. Comments are due by March 2, 2018.

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 portal and clicking on the “Exemptions Tracker” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments Regarding STC ELD Exemption Request
On Feb. 2, 2018, CVSA submitted comments to FMCSA in opposition to STC Inc.’s request for an exemption from the ELD requirements.

CVSA Submits Comments Regarding OOIDA ELD Exemption Request
On Jan. 31, 2018, CVSA submitted comments to FMCSA in opposition to an exemption request from the Owner-Operator Independent Driver Association (OOIDA) seeking an exemption from the ELD requirements for certain small trucking companies.

CVSA Submits Comments Regarding ADS ELD Exemption Request
On Jan. 29, 2018, CVSA submitted comments to FMCSA in opposition to American Disposal Services’ (ADS) request for an exemption from the ELD requirements.

Government Shuts Down, Quickly Reopens

At midnight on Feb. 8, 2018, the federal government shut down for the second time this year. However, just after midnight, the Senate began the process of moving the budget deal and attached continuing resolution to the Senate floor for a vote. Shortly after that process started, the Senator objecting to moving the bill by unanimous consent withdrew his opposition and allowed the bill to move forward immediately. The bill was then sent to the House, which took up the measure around 3 a.m. Eastern. The bill passed the House just before 6 a.m. Eastern and was sent to the President for his signature, ending the very brief overnight federal shutdown.The continuing resolution runs through March 23, 2018.