Regulatory Update – May 14, 2021

May 14, 2021

Update on Relevant Canadian Regulations

B.C.’s Ministry of Transportation and Infrastructure Publishes NSC Bulletin on ELDs
On May 11, 2021, the British Columbia (B.C.) Ministry of Transportation and Infrastructure published a National Safety Code (NSC) bulletin on electronic logging devices (ELDs). The bulletin states that B.C.’s intended target for the implementation of the provincial ELD mandate is the summer of 2022 and includes frequently asked questions.

CCMTA Publishes Message for Industry on ELD Implementation
On May 5, 2021, the Canadian Council of Motor Transport Administrators (CCMTA) published an update on the enforcement of the ELD mandate, which is scheduled to go into effect on June 12, 2021. CCMTA has developed an enforcement approach for jurisdictions to consider which includes progressive enforcement without penalties and elevated education campaigns until June 12, 2022.

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On May 10, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on Medical Qualification Requirements ICR
On May 6, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an information collection request (ICR) to collect the necessary information to ensure commercial motor vehicle drivers meet the medical qualification requirements. Comments are due by July 6.

FMCSA Requests Renewal of ICR to Conduct Customer Satisfaction Survey
Also on May 6, 2021, FMCSA published a request for comments on the renewal of an ICR on customer satisfaction of the agency. The ICR permits the agency to continue to gather feedback on its service delivery. Comments are due by June 7.

U.S. DOT Publishes Update to Civil Penalty Amounts
On May 3, 2021, the U.S. Department of Transportation (DOT) published a final rule implementing the annual inflation increase of civil penalty amounts that may be imposed for violations of U.S. DOT regulations. These changes were effective on May 3, 2021.

Update on Exemptions

FMCSA Requests Comments on Renewal of APA HOS Exemption
On May 4, 2021, FMCSA published a notice and request for comments on a request from the American Pyrotechnics Association (APA) to renew its existing hours-of-service (HOS) exemption. The exemption allows drivers to exclude sleeper berth and off-duty time from the 14-hour window and utilize paper records of duty status during the Independence Day period of June 28-July 8 each year. The current exemption expired on July 9, 2020. Comments are due by June 3.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at cvsa.org under the “Inspections” tab at the top of the page.

Other Items of Interest

FMCSA Issues Regional Emergency Declaration
On May 12, 2021, FMCSA issued a regional emergency declaration in response to the unanticipated shutdown of the Colonial pipeline system that is affecting the supply of petroleum products. The emergency declaration exempts commercial motor vehicle drivers from Title 49 Code of Federal Regulations Parts 390-399 while they are providing direct assistance supporting emergency relief efforts transporting gasoline, diesel, jet fuel and other refined petroleum products into Alabama, Arkansas, Connecticut, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas,
Virginia and West Virginia. The emergency declaration is in effect until June 8, 2021.