Regulatory Update – Sept. 3, 2021

September 3, 2021

Update on Relevant Canadian Regulations

Canada ELD Resources Available
Canada’s electronic logging device (ELD) mandate went into effect on June 12. A progressive enforcement period consisting of primarily educational efforts is in effect until June 12, 2022. Transport Canada and the Canadian Council of Motor Transport Administrators (CCMTA) have several ELD resources available:

Update on Relevant U.S. Regulations

FMCSA Publishes CDL Testing Standards ICR
On Sept. 3, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on an information collection request (ICR) titled “Commercial Driver Licensing and Test Standards.” The ICR is needed to ensure that drivers, motor carriers and states are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications. Comments are due by Nov. 2.

NHTSA Publishes Final Rule Amending FMVSS No. 109
On Aug. 31, the National Highway Traffic Safety Administration (NHTSA) published a final rule amending Federal Motor Vehicle Safety Standard (FMVSS) No. 109, “New pneumatic and certain specialty tires” in response to a petition for rulemaking from the Tire and Rim Association, to clarify the applicability of the FMVSS to certain types of tires intended for use on trailers. NHTSA has concluded that it inadvertently made these tires subject to both FMVSS No. 109 and No. 119 “New pneumatic tires for motor
vehicles with a Gross Vehicle Weight Rating (GVWR) of more than 4,536 kilograms (10,000 pounds) and motorcycles.” The final rule makes these tires only subject to FMVSS No. 119. The final rule goes into effect on Sept. 30. Petitions for reconsideration are due by Oct. 15.

FMCSA Publishes Final Rule on Certification for Conducting Driver or Vehicle Inspections, Safety Audits, or Investigations
On Aug. 27, FMCSA published a final rule amending the regulations to incorporate by reference CVSA’s “Operational Policy 4: Inspector Training and Certification,” which outlines the required training and certification of those conducting driver or vehicle inspections, safety audits or investigations. The final rule replaces the 2002 interim final rule outlining this certification process. The final rule is effective as of Aug. 27. Petitions for reconsideration are due by Sept. 27.

FMCSA Publishes Record Retention Requirements Request for Information
On Aug. 24, FMCSA published a request for information to assist the agency in reviewing the record retention requirements in Part 379 of the Federal Motor Carrier Safety Regulations. The agency is evaluating if states have similar requirements, how long and in what way motor carriers retain these records, and if there should be changes to the required records. Comments are due by Sept. 23.

FMCSA Requests Comments on Medical Review Board Report on Proposed Alternate Vision Standard
On Aug. 24, FMCSA published a notice and request for comments on a report from the Medical Review Board on comments to FMCSA’s proposed alternative vision standard. In January, FMCSA published an alternative vision standard for the physical qualifications required to operate a commercial motor vehicle. The Medical Review Board analyzed comments from medical professionals to provide recommendations on the alternate standard. Comments are due by Sept. 23.

Update on Exemptions

FMCSA Requests Comments on Complete Innovations Mounting Exemption Application
On Aug. 26, FMCSA published a notice and request for comments on an application from Complete Innovations Inc. for exemption from the windshield mounting requirements. Complete Innovations requests that its Vision 2.0 device be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Sept. 27.

FMCSA Requests Comments on Cleveland-Cliffs Steel HOS Exemption Request
Also on Aug. 26, FMCSA published a notice and request for comments on an application from Cleveland-Cliffs Steal LLC to allow its drivers to operate for 16-hour on-duty periods. Cliffs is requesting that its drivers, which transport scrap metal on two trucks between their production and shipping locations on public roads, be permitted to operate for a 16-hour on-duty period and be able to operate the following day without the required 10 consecutive hours off duty. Comments are due by Sept. 27.

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 Extends COVID-19 Emergency Declaration
On Aug. 31, FMCSA extended the emergency declaration exempting commercial motor vehicle drivers who are transporting supplies directly related to the COVID-19 pandemic from the hours-of-service requirements in section 395.3. The exemption specifically applies to drivers transporting livestock, livestock feed, vaccines and related medical supplies and equipment, supplies and equipment for community safety and sanitation, and paper products and supplies for restocking grocery stores and distribution centers. The emergency declaration expires on Nov. 30.