Regulatory Update – Oct. 18, 2019

October 18, 2019

Update on Relevant U.S. Regulations

NHTSA Requests Comments on Camera Monitoring System ANPRM
On Oct. 10, 2019, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an advance notice of proposed rulemaking (ANPRM) that permits the use of camera-based rear visibility systems as an alternative to inside or outside rearview mirrors. Comments are due by Dec. 9.

NHTSA Announces Public Meeting on Vehicle and Behavioral Safety Research
Also on Oct. 10, 2019, NHTSA announced a public meeting where the agency’s vehicle safety research and behavioral safety research offices will present information on their research programs. The meeting will be held Nov. 20-21 at the U.S. Department of Transportation headquarters in Washington, D.C.

FMCSA Extends Comment Period on Part 350 NPRM
On Oct. 9, 2019, the Federal Motor Carrier Safety Administration (FMCSA) announced a 14-day extension of the comment period for the Part 350 notice of proposed rulemaking (NPRM), originally published on Aug. 22, 2019. The notice seeks comments on proposed changes to the Part 350 regulations and MSCAP allocation formula. On Sept. 5, 2019, CVSA petitioned the agency for an extension to gather stakeholder input. Comments are now due by Oct. 21.

FMCSA Requests Comments on Washington State Preemption Request
Also on Oct. 9, 2019, FMCSA published a notice and request for comments on a petition from the Washington Trucking Association to determine that the state of Washington’s meal and rest break rules are preempted by federal law. Comments are due by Nov. 8.

PHMSA Publishes Updates on Special Permits
On Oct. 8, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

Update on Exemptions

FMCSA Requests Comments on PTS Sleeper Berth Exemption Request
On Oct. 16, 2019, FMCSA published a notice and request for comments on an exemption request from PTS Worldwide Inc. to allow its drivers to split the sleeper berth period. The application requests that drivers be permitted to split the required 10 hours in the sleeper berth into segments of four hours and six hours or five hours and five hours. Comments are due by Nov. 15.

FMCSA Announces Renewal of the ACPA 30-Minute Rest Break Exemption
On Oct. 9, 2019, FMCSA announced the renewal of the American Concrete Pumping Association’s (ACPA) exemption from the 30-minute rest break requirement. The renewed exemption allows all concrete pump operators, concrete pumping companies and drivers who operate concrete pumps to count on-duty time while attending to equipment toward the required 30-minute rest break period. Comments are due by Nov. 8.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the information by logging into their CVSA member portal and clicking on the “Exemptions” tab at the top of the page.

Other Items of Interest

Trump Administration Issues Executive Order on Guidance Documents
On Oct. 9, 2019, the Trump administration issued an executive order requiring agencies to update processes related to guidance. The executive order requires agencies to conduct a review of existing guidance documents and create a database of all issued guidance. In addition, the executive order requires agencies adopt into their regulations a process for issuing guidance that requires guidance documents to state they are non-binding, allows for a public comment period and outlines a procedure for the public to petition for the withdrawal or modification of guidance documents.