Regulatory Update – Aug. 21, 2015

Provided by Commercial Vehicle Safety Alliance

Update on Relevant U.S. Regulations:

FMCSA Issues Correction to LCV Portion of CFR
On August 14, 2015, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice correcting an error in the Code of Federal Regulations (CFR). The change corrects language pertaining to the qualification of drivers and longer combination vehicle (LCV) driver instructors.Update on Other Rulemakings of Interest

Also on August 14, 2015, the Department of Transportation (DOT) published its monthly Report on DOT Significant Rulemakings. The report included the following updates:

• Safety Fitness Determination Notice of Proposed Rulemaking (NPRM) – publication is still scheduled for September 30, 2015.
• CDL Drug and Alcohol Clearinghouse Final Rule – publication has been delayed one month, from December 14, 2015 to January 20, 2016.
• ELD Final Rule – Final rule was sent to OMB on July 28, 2015, publication is still scheduled for September 30, 2015.
• MAP-21 Enhancements to the Unified Registration System NPRM – publication is still scheduled for April of 2016.
• MAP-21 Prohibition of Coercion Final Rule – Final rule was sent to OMB on July 28, 2015, publication is still scheduled for September 25, 2015.
• FMCSA/NHTSA Joint Rule on Heavy Vehicle Speed Limiters – FMCSA has scheduled for August 20, 2015, however, NHTSA has updated their prediction to September 21, 2015.
• Entry-Level Driver Training NPRM – publication is still scheduled for October 15, 2015.
• Motorcoach Rollover Structural Integrity Final Rule – publication is still scheduled for December 31, 2015.
• Wetlines Final Rule – publication has been moved forward, from November 24, 2015 to September 17, 2015.

Update on Exemptions

Exemptions Granted
FMCSA has issued the following exemptions:

• 30 Minute Rest Break Exemption for HM Haulers – On August 21, 2015, FMCSA issued a notice granting an exemption request from the American Trucking Associations (ATA). The exemption excludes motor carriers transporting security-sensitive hazardous materials (HM) requiring a security plan from the 30 minute rest break requirement. The exemption is effective August 21, 2015 through August 21, 2017.
• Exhaust System Exemption for Ford Motor Company – On August 12, 2015, FMCSA issued an exemption to allow motor carriers to operate Ford’s Transit-based commercial motor vehicles (CMVs) that do not meet the exhaust system location requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This exemption is effective August 12, 2015 through August 14, 2017.

Exemption Requests
FMCSA has received the following exemption requests:

• CRST Sleeper Berth Exemption Request – On August 20, FMCSA received an exemption request from CRST Expedited, Inc., seeking an exemption from the sleeper berth requirements under the hours of service (HOS) rules. CRST proposes that its team drivers be allowed to take the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. Comments are due September 21, 2015.
• Mail Carriers 14 Hour Rule Exemption Request – Also on August 20, 2015, FMCSA received an exemption request from the National Star Route Mail Contractors Association (NSRMCA), seeking an exemption on behalf of its member motor carriers that transport mail under contract for the United States Postal Service (USPS) from the agency’s 14 hour HOS rule. NSRMCA specifically requests that a U.S. mail carrying driver may elect to drive a U.S. mail-carrying CMV no more than 10 hours following 8 consecutive hours off duty; and not drive after having been on duty 15 hours following 8 consecutive hours off duty. Comments are due September 21, 2015.