Update on Relevant U.S. Regulations
FMCSA Requests Comments on HOS of Drivers Regulations ICR
On Sept. 12, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on the Hours-of-Service (HOS) of Drivers Regulations information collection request (ICR). Comments are due by Oct. 14.
U.S. DOT Solicits Nominations for Advisory Committee on Human Trafficking
On Sept. 11, the U.S. Department of Transportation (DOT) requested membership nominations for the U.S. DOT Advisory Committee on Human Trafficking, which is required to make triennial recommendations to the secretary of transportation on countering human trafficking in the transportation sector. Nominations are due by Oct. 14.
PHMSA Publishes Updates on Special Permits
On Sept. 5, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:
- List of Applications for Special Permits – Comments are due by Oct. 6.
- List of Applications for Modification of Special Permits – Comments are due by Sept. 22.
- Notice of Actions on Special Permit Applications – Comments are due by Oct. 6.
U.S. DOT Requests Comments on Proposed Amendments to Drug Testing Program Regulations
On Sept. 2, the U.S. DOT requested comments on the notice of proposed rulemaking (NPRM) to amend the drug testing program regulation, Title 49 Code of Federal Regulations Part 40, to add fentanyl and norfentanyl to its drug testing panels. The U.S. DOT also proposed to amend certain provisions of Part 40 to harmonize, as appropriate, with the current Health and Human Services Mandatory Guidelines using urine and oral fluid. It also proposes to clarify certain existing Part 40 drug testing program provisions and to make technical amendments. Comments are due by Oct. 17.
Update on Exemptions
CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.
Other Items of Interest
FMCSA Transitions to Electronic-only Payments
On Sept. 8, FMCSA announced that it will no longer accept paper payments beginning on Sept. 30, such as checks and money orders, for any agency transactions, including fees for initial application of operating authority registration, reinstatement or legal name changes, civil penalty payments, and other fee-based transactions.
FMCSA Removes Three Devices from List of Registered ELDs
On Sept. 4, FMCSA removed the following electronic logging devices (ELD) from its list of registered ELDs and placed them on the revoked ELDs list due to the providers’ failure to meet the minimum requirements established in Part 395, Subpart B, Appendix A.
- TT ELD PT 30 by TT ELD Inc. (ELD Identifier: CZGS10)
- ELOG42 by Leko Inc. (ELD Identifier: ERS156)
- RENAISSANCE ELD by RENAISSANCE ELD (ELD Identifier: RNS592)
Motor carriers and drivers were instructed to discontinue using the revoked devices listed above and revert to paper logs or other logging software to record required hours-of-service data. The revoked ELDs must be replaced with compliant ELDs from the registered ELDs list before Nov 3.
Motor carriers and drivers that use the revoked ELDs listed above on or after Nov. 3 will be in violation of § 395.8(a)(1) – “No Record of Duty Status” and will be placed out of service in accordance with CVSA’s North American Standard Out-of-Service Criteria.