January 21, 2020

On December 16, 2019, the Federal Motor Carrier Safety Administration (FMCSA) Published a Request for Comments on Recission of the Hearing and Speaking Requirements for the Drivers of Interstate Motor Carriers (49 CFR 591)

SUMMARY EXERPT: FMCSA requests public comments on the National Association of the Deaf’s (NAD) petition for rulemaking to rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. NAD also requests that FMCSA amend the requirement that interstate drivers be able to speak, and the rule prohibiting the use of interpreters during the administration of the commercial driver’s license (CDL) skills test.

DATES:  Comments should be filed on or before February 20, 2020.

On November 26, 2019, NHTSA Published Its Decision to Grant the Petitions for Reconsideration of the Final Rule it Published on October 2nd Regarding Odometer Disclosure Requirements (49 CFR 580)

NHTSA’s October 2, 2019, final rule amended its odometer disclosure requirements to allow States to adopt electronic odometer disclosure systems and changing the time when vehicles become exempt from federal odometer disclosure requirements from ten years to twenty years.

The America Association of Motor Vehicle Administrators (AAMVA) and the State of Delaware Department of Transportation filed petitions requesting that the agency delay the effective date of the changes to the exemptions from odometer disclosure requirements for one year.  NHTSA granted these petitions. 

DATES: The effective date of the rule allowing States to adopt electronic odometer disclosure systems is still December 31,2019.  However, the change to the exemption from the odometer disclosure requirements will take effect on January 1, 2021 and will apply to model year 2011 and newer vehicles.  Petitions for Reconsideration of this notice must be filed on or before January 10, 2020.

On November 21, 2019 NHTSA Published a Request for Comments on Advanced Driver Assistance Systems (ADAS) Draft Research Test Procedures

This RFC includes procedures that have been developed for research purposes only. Research test procedures are used by the Agency to evaluate a technology of interest and, when presented to the public, provide a basis for which gaps in test methodology may be identified and resolved.

DATES:  Comments should be filed on or before January 21, 2020

NHTSA seeks comments on draft research test procedures for testing the following Advanced Driver Assistance Systems:

  • Active Parking Assist (APA)
  • Blind Spot Detection (BSD)
  • Blind Spot Intervention (BSI)
  • Intersection Safety Assist (ISA)
  • Opposing Traffic Safety Assist (OTSA)
  • Pedestrian Automatic Emergency Braking (PAEB)
  • Rear Automatic Braking (RAB)
  • Traffic Jam Assist (TJA)
  • Forward Collision Warning (FCW)
  • Automatic Emergency Braking (AEB)

The Agency seeks comments on the following:

  1. Can the test procedures adequately assess the performance of the ADAS technologies?
  2. Do any of the draft research test methodologies contain elements that may confound the ADAS system operation or test results?
  3. Are the draft research test procedures clearly written, understandable, and executable?
  4. Are the ranges of test speeds etc. reasonable?
  5. To reduce the burden, NHTSA has set the number of repeated test trials at seven (7). Is this adequate?
  6.  Are there additional ADAS technologies that should be evaluated?
  7.  Are there existing alternative test method for ADAS technologies that NHTSA should consider?

On November 12 ,2019 the Consumer Product Safety Commission (CPSC) Published a Supplemental Notice of Proposed Rulemaking Regarding Inclined Sleep Products for Infants (16 CFR 1226).

SUMMARY EXCERPT: In 2017 the CPSC published a Notice of Proposed Rulemaking (NPR) proposing to adopt a voluntary standard for inclined sleep products developed by ASTM International, with a modification to the standard’s definition of ‘‘accessory.’’ Based on subsequent information and events, the Commission is now issuing a supplemental proposed rule (Supplemental NPR), proposing to adopt the current ASTM standard for inclined sleep products, with modifications that would make the mandatory standard more stringent than the voluntary standard. The proposed changes include limiting the seat back angle for sleep to 10 degrees or less. CPSC’s proposed standard would cover products intended for infant sleep that are not already addressed by another standard. Additionally, the Commission proposes to include the mandatory standard for infant sleep products in the Commission’s list of notices of requirements (NORs). The Commission also proposes to amend the consumer registration rule to identify explicitly infant sleep products as a durable infant or toddler product subject to CPSC’s consumer registration requirements.

DATES: Comments should be submitted by January 27, 2020.

On August 5, 2019, the FMCSA published a Notice and Request for Comments on a Crash Preventability Determination Program

DATES:  Comments are due on or before October 4, 2019.

BACKGROUND: After 18 months of operating a Crash Preventability Demonstration Project, FMCSA has decided to operate a Crash Preventability Determination Program, using a streamlined process, and proposes to modify the Safety Measurement System to remove crashes found to be not preventable by the motor carrier from the prioritization algorithm and noting the not preventable determinations in the Pre- Employment Screening Program. 

The FMVSA review of the data collected during the demonstration program found that approximately 56 percent of the submitted Request for Data Reviews (RDRs) were eligible, meaning they were one of the eight crash types covered by the demonstration program. After reviewing the eligible crashes, FMCSA determined that approximately 93 percent were not preventable by the motor carrier.

The FMCSA made some changes to the original eight types of not-preventable crashes in the Demonstration Project.  It also eight added additional crash types to be included in the Crash Preventability Determination Program.

COMMENTS SOUGHT:  FMCSA seeks comments generally on the proposals in the Notice. FMCSA also seeks comments specifically on the following questions.

  1.  If you participated in the demonstration program, did you realize any new safety incentives to your operations? If so, how were they quantified?
  2. Would the ability to have not preventable crashes removed from the calculation of your Crash Indicator BASIC measure and percentile provide any new safety incentives to your operations?
  3. If you have not submitted a crash for a preventability determination, what were your reasons for not participating?