July 24, 2017

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Implementing Several Provisions of the FAST Act in 49 CFR PARTS 365, 381, 383, 390, 391, 392, 393, 395, and 396.

DATES: This Final Rule is Effective July 22, 2016.  Petitions for Reconsideration must be received by August 22, 2016.

EXCERPTS:  V. Section-by-Section Analysis

Part 365–In §365.101, paragraph (j) is added to exempt pipeline welding trucks from the rules of part 365.

Part 381–In §381.300, paragraph (b) is revised, changing the timeframe from 2 years to 5 years. Section 381.317 is added to allow an application for exemption to be resubmitted if it has been denied.

Part 383–In §383.3, a new paragraph (i) is added to provide that a State may waive the requirement that a driver obtain a hazardous materials endorsement to transport diesel fuel under certain circumstances.

Part 390–FMCSA adds new §390.38 to exempt pipeline welding trucks from certain requirements of the FMCSRs. Paragraph (a) describes those parts of the FMCSRs from which the pipeline welding truck is exempt. Paragraph (b) provides a definition of ‘‘pipeline welding truck.’’ In §390.39, paragraph (b)(1) is revised to reflect changes in the statutes concerning exemptions found in State laws for covered farm vehicles.

Part 391–In §391.2, paragraph (e) is added to exempt drivers of pipeline welding trucks from the rules of part 391.

Part 392–In §392.1, the existing text is designated as paragraph (a), and a paragraph (b) is added to exempt drivers of pipeline welding trucks from the rules of part 392.

Part 393–In §393.1, paragraph (e) is added to exempt pipeline welding trucks from the rules of part 393.

Part 395–FMCSA makes a number of changes to §395.1 to exempt certain operations from aspects of the hours of service rules.

  • Paragraph (e)(1) is changed to provide that drivers of ready-mixed concrete delivery vehicles who are on duty for 14 consecutive hours may be exempt from the requirements of §395.8.
  • Section 395.1(t) is added to allow the driver of a ready-mixed concrete delivery vehicle to use 30-minutes or more of time spent waiting with the vehicle to meet the requirement for the 30-minute rest break in §395.3(a)(3)(ii).
  • Paragraphs (u) and (v) are added to exempt drivers engaged in the interstate transportation of bees or livestock, respectively, from the requirement for a 30-minute rest break.
  • FMCSA adds paragraph (w) to provide that on-duty time for the driver of a hi-rail vehicle does not include time in transportation to or from a duty assignment under certain circumstances.
  • Paragraph (x) exempts drivers of pipeline welding trucks from the rules of part 395.
  • The definitions in §395.2 are changed to conform to the changes in the statutes. FMCSA adds definitions of ‘‘hi- rail vehicle,’’ ‘‘livestock,’’ and ‘‘ready- mixed concrete delivery vehicle.’’ FMCSA changes the definition of ‘‘transportation of construction material and equipment’’ to increase the air mile radius to the normal work reporting location. The definition is also changed to allow the States to establish a different air mile radius limitation upon notice to the Administrator.
  • Section 395.8(a) is changed to allow a motor carrier to require the driver transporting a motor home or recreation vehicle trailer, in a driveaway-towaway operation, to record his or her records of duty status manually.

Part 396–In §396.1, paragraph (d) is added to exempt pipeline welding trucks from the rules of part 396.

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Making General Amendments to Regulations Dealing with Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance, (49 CFR 393 and 396)

DATES: This Final Rule is Effective July 22, 2016.  Petitions for Reconsideration must be received by August 22, 2016.

In response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB), the Agency:

  • Adds a definition of ‘‘major tread groove’’ and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove;
  • Revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present;
  • Amends the regulations regarding tires to prohibit the operation of a vehicle with speed- restricted tires at speeds that exceed the rated limit of the tire;
  • Provides specific requirements regarding when violations or defects noted on an inspection report must be corrected;
  • Amends two appendixes to the FMCSRs to include provisions for the inspection of antilock braking systems (ABS) and automatic brake adjusters, speed-restricted tires, and motorcoach passenger seat mounting anchorages;
  • Amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation–free roadside inspection; and
  • Amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules.

In addition, the Agency eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA’s periodic inspection criteria is unnecessary.

 

On July 22, 2016 the Federal Motor Carrier Safety Administration Published a Final Rule Amending Its Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles

DATES:  This regulatory guidance is effective July 22, 2016.

EXCERPTS:  This amendment to the Regulatory Guidance Issued in 1993 is to make Section 396.17 consistent with the other Final Rules published by the FMCSA on July 22, 2016.  This amends: answers to question in 396.17, as follows:

Section 396.17, Question 1: Some of a motor carrier’s vehicles are registered in a State with a mandated inspection program which has been determined to be as effective as the Federal periodic inspection program, but these vehicles are not used in that State. Is the motor carrier required to make sure the vehicles are inspected under that State’s program in order to meet the Federal periodic inspection requirements? Guidance: If the State requires all vehicles registered in the State to be inspected through its mandatory program, then the motor carrier must use the State program to satisfy the Federal requirements. If, however, the State inspection program includes an exception or exemption for vehicles which are registered in the State but domiciled outside of the State, then the motor carrier may meet the Federal requirements through a self-inspection, a third party inspection, or a periodic inspection performed in any State with a program that the Federal Motor Carrier Administration (FMCSA) determines is comparable to, or as effective as, the part 396 requirements. Section 396.23, Question 1: Can a violation-free Commercial Vehicle Safety Alliance (CVSA) Level I or Level V inspection be used to satisfy the periodic inspection requirements of §396.17? Guidance: No, a CVSA Level I or Level V inspection is not equivalent to the Federal periodic inspection requirements.

 

On June 17, The Federal Motor Carrier Safety Administration Published a Final Rule Related to Hazardous Materials Safety Permits (49 CFR 485)

DATES: Effective June 17, 2016

SUMMARY:  This rulemaking updates an incorporation by reference found at 49 CFR 385.4 and referenced at 49 CFR 385.415(b)(1). The rules referenced the Commercial Vehicles Safety Alliance’s April 1, 2015, edition of ‘‘North American Standard Out-of- Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.’’ The FMCSA incorporates by reference the April 1, 2016, edition, which is the latest edition of the CVSA standard.

On June 7, 2016, the Federal Motor Carrier Safety Administration Published A Final Rule Holding Drivers and Motor Carriers Responsible for Making Sure a Passenger in a Commercial Motor Vehicle Wears a Seatbelt When the Vehicle is in Motion (49 CFR 392.16)

DATES:  The Rule is Effective August 8, 2016.  Any Petitions for Reconsideration must be filed on or before July 7, 2016