Regulatory Updates – Nov. 23, 2016

November 23, 2016

Update on Relevant U.S. Regulations

DOT Issues Update on Significant Rulemakings
On Nov. 22, 2016, the U.S. Department of Transportation (DOT) published its monthly report on significant rulemakings. The report included the following updates:

  • MAP-21 Enhancements to the Unified Registration System (URS) NPRM – Publication has been delayed five months, from April 10, 2017, to Sept. 20, 2017.
  • CDL Drug and Alcohol Clearinghouse Final Rule – Publication is scheduled for Nov. 23, 2016.
  • Motorcoach Rollover Structural Integrity Final Rule – Publication has been delayed one month, from March 3, 2017, to April 4, 2017.
  • Federal Motor Vehicle Safety Standard (FMVSS) 150 – Vehicle to Vehicle (V2V) Communication NPRM – Publication has been delayed one month, from Nov. 26, 2016, to Dec. 26, 2016.
  • Entry-Level Driver Training Final Rule – Publication has been delayed from Nov. 10, 2016, to Nov. 23, 2016.

FMCSA Lifts Restriction On Mexico-Domiciled Motor Carriers
On Nov. 22, 2016, the Federal Motor Carrier Safety Administration (FMCSA) published a notice lifting restrictions barring Mexico-domiciled carriers from leasing commercial motor vehicles (CMVs) to U.S. carriers to transport freight inside the United States. The U.S. carrier, however, must assume complete responsibility for equipment used for the duration of the lease. The notice is effective Nov. 22, 2016.

FMCSA Announces Post-Accident Advisory Committee Meeting
Also on Nov. 22, 2016, FMCSA announced a Post-Accident Reporting (PAR) Advisory Committee meeting on Dec. 6-7, 2016. PAR will review post-accident reports and make recommendations based on the data elements required by the reports. Attendance is open to the public.

PHMSA Seeks Comment on Marking of Identification Numbers on Cargo Tanks
On Nov. 21, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an advance notice of proposed rulemaking (ANPRM) addressing the requirement in the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016 regarding the marking of identification numbers on cargo tanks. CVSA submitted a petition to PHMSA in November 2015 requesting changes to the hazardous materials regulations related to the marking of cargo tanks. Comments are due by Feb. 21, 2017.

FMCSA Announces UCR Plan Board Meeting
On Nov. 17, 2016, FMCSA announced a Unified Carrier Registration (UCR) Board of Directors meeting on Dec. 15, 2016. The board will continue its work on developing and implementing the UCR plan and agreement and may also consider other matters before the board. The meeting will be open to the public and those not attending in person may dial-in to listen and participate.

ITS Committee Announces Meeting on Development of Intelligent Transportation Systems
On Nov. 14, 2016, the Intelligent Transportation System (ITS) Program Advisory Committee (ITSPAC) announced it would hold a public meeting on Dec. 7, 2016. ITSPAC advises the secretary of transportation on the study, development and implementation of intelligent transportation systems. Attendance is open to the public.

Update on Exemptions

FMCSA Extends ATA’s 30-Minute Rest Break Exemption
On Nov. 22, 2016, FMCSA announced its decision to extend the exemption granted to the American Trucking Associations (ATA) on behalf of motor carriers whose drivers transport hazardous materials requiring supervision due to security reasons. Carriers are exempted from the 30-minute rest break requirement in hours-of-service (HOS) regulations. The exemption is effective Aug. 21, 2015-Aug. 21, 2020.

FMCSA Extends Specialized Carriers and Rigging Association Size and Weight Exemption
On Nov. 14, 2016, FMCSA announced its decision to extend an exemption from the Specialized Carriers and Rigging Association (SC&RA). The agency extended SC&RA’s exemption for the transportation of loads that exceed normal weight and size limits. The exemption is effective June 18, 2015-June 17, 2020.

FMCSA Extends Trailways Companies HOS Exemption
Also on Nov. 14, 2016, FMCSA announced its decision to extend an exemption granted to Trailways Companies for drivers of passenger-carrying vehicles with regularly scheduled routes. These drivers are exempted from changing their duty status from “driving” to “on-duty not driving” when making stops of less than 10 minutes for the limited purposes of picking up or dropping off passengers, baggage or small express packages. The exemption is effective June 4, 2015-June 4, 2020.

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.

Other Items of Interest

NTSB Reveals Most Wanted List
On Nov. 14, 2016, the National Transportation Safety Board (NTSB) revealed its 10 most wanted list of transportation safety improvements for 2017-2018. The list includes reducing fatigue-related incidents, ending drug and alcohol impairment, and ensuring the safe shipment of hazardous materials. The most wanted list represents a roadmap for government and industry to prevent injuries, fatalities and property damage due to transportation-related incidents.