Regulatory Update – Jan. 26, 2018

January 28, 2018

Update on Relevant U.S. Regulations

FMCSA Announces UCR Board Meeting
On Jan. 25, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published a notice announcing that the Unified Carrier Registration (UCR) Plan Board of Directors will meet Jan. 30, 2018, in New Orleans, Louisiana.

NHTSA Publishes Final Rule on State Highway Safety Grant Programs
Also on Jan. 25, 2018, the National Highway Traffic Safety Administration (NHTSA) published a final rule making changes and clarifications to the revised uniform procedures implementing state highway safety grant programs. The final rule is intended to streamline bureaucracy, eliminate duplicative reporting requirements and remove other administrative burdens for the states. The final rule is effective Feb. 26, 2018.

FMCSA Extends Personal Conveyance Guidance Comment Period
On Jan. 19, 2018, FMCSA published a notice extending the comment period for the agency’s proposed guidance related to the use of a commercial motor vehicle for personal conveyance. The original notice was published Dec. 17, 2017. Comments are now due by Feb. 20, 2018.

FMCSA Extends Transportation of Agricultural Commodities Guidance Comment Period
Also on Jan. 19, 2018, FMCSA published a notice extending the comment period for the agency’s proposed guidance related to the transportation of agricultural commodities. The original notice was published Dec. 20, 2017. Comments are now due by Feb. 20, 2018.

FHWA and NHTSA Seeking Comment on Autonomous Vehicles
On Jan. 18, 2018, both the Federal Highway Administration and NHTSA published notices and requests for comment regarding the implementation of autonomous vehicles and possible impediments within their respective jurisdictions. In particular, NHTSA is focusing on requirements that pertain to having a driver in the vehicle. Comments to both notices are due by March 5, 2018.

PHMSA Publishes Updates on Special Permits
Also on Jan. 18, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

Update on Exemptions

SikhsPAC and the North American Punjabiz Trucker Association Request ELD Exemption
On Jan. 26, 2018, FMCSA published a notice and request for comment on a joint exemption request from SikhsPAC and the North American Punjabiz Trucker Association for an exemption from the ELD requirements. Comments are due by Feb. 26, 2018.

FMCSA Grants NAPA HOS Exemption
Also on Jan. 26, 2018, FMCSA issued a notice granting the National Asphalt Pavement Association (NAPA) exemptions from both the 30-minute rest break provision and the requirement that short-haul drivers utilizing the record of duty status (RODS) exception return to their work-reporting location within 12 hours of coming on duty. The first exemption will enable drivers transporting asphalt and related materials to use 30 minutes or more of on-duty “waiting time” to meet the 30-minute rest break requirement, provided they do not perform any other work during the break. The second exemption will allow the same drivers to use the short-haul exception but return to their work reporting location within 14 hours instead of the usual 12 hours. The exemption is effective Jan. 26, 2018-Jan. 25, 2023.

FMCSA Grants ELD Waiver to Truck Rental and Leasing Industry
On Jan. 19, 2018, FMCSA issued a limited 90-day waiver from the ELD requirements for motor carriers and drivers operating property-carrying commercial motor vehicles that are rented for up to 30 days. The waiver is effective Jan. 19, 2018-April 19, 2018.

FMCSA Issues ELD Waiver for Old Dominion, PeopleNet Customers
Also on Jan. 19, 2018, FMCSA issued a limited 90-day waiver from the ELD requirements for Old Dominion Freight Lines and other motor carriers experiencing issues due to the integration of PeopleNet’s ELD software into fleet management systems. The waiver is effective Dec. 18, 2017-March 18, 2018.

FMCSA Grants ELD Exemption to MPAA
Also on Jan. 19, 2018, FMCSA announced its decision to grant the Motion Picture Association of America (MPAA) a five-year exemption from the ELD requirements for all commercial motor vehicle drivers providing transportation to or from a theatrical or television motion picture production site. Drivers will still be required to complete paper records of duty status. This exemption is effective Jan. 19, 2018-Jan. 19, 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 Tracker” tab at the top of the page.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments Regarding Agricultural Retailers Association ELD Exemption Request
On Jan. 25, 2018, CVSA submitted comments to FMCSA in opposition to an exemption request from the Agricultural Retailers Association (ARA) seeking an exemption from the ELD requirement on behalf of its members.