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FMCSR+ March 2017 Edition: Recent Changes

Posted

Our latest FMCSR+ is now available and contains vast changes within FMCSA since our previous edition. There are new regulations, temporary regulations, suspended regulations and a vast editorial notes describing the various status of each reg. To give you an idea of how much has changed, we have added 42 pages over the previous edition. 

To help navigate all of the recent changes, we build all of our CFR's in our RegLogic system. This design makes it easy to spot changes without having to dig through the walls of dense government regulation. For those who would like to see a summary of each change, you can see the list below.

March 21, 2017 (Federal Register Volume 82, No. 53) [RIN 2126-AB66]

49 CFR 380 Appendices and Subparts E, F, and G plus 383.71, 383.73, 384.230, 384.235, and 384.301 As of March 21, 2017, the effective date of the final rule published on December 8, 2016 (81 FR 88732), delayed until March 21, 2017 at 82 FR 8903 on February 1, 2017, is further delayed until May 22, 2017.

February 1, 2017 (Federal Register Volume 82, No. 20) [RIN 2126-AB66]

49 CFR 380 Appendices and Subparts E, F, and G plus 383.71, 383.73, 384.230, 384.235, and 384.301, in accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled "Regulatory Freeze Pending Review," have a delayed effective date of March 21, 2017. These regulatory changes, originating from the final rule titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators,” were initially effective February 6, 2017.

January 17, 2017 (Federal Register Volume 82, No. 10) [RIN 2126-AC00]

49 CFR Parts 360, 365, 366, 368, 385, 387, and 390 contain multiple Sections that are effected by the electronic on-line Unified Registration System (URS) changes. Due to the numerous revisions, corrections, and extensions of effective date(s) that have been made to this URS 1 final rule, the FMCSA, in consultation with the Office of the Federal Register (OFR), is allowing the URS 1 rule to come into effect, immediately suspending it, and replacing it with temporary regulations. The FMCSA intends to lift the suspension once the technology to implement electronic on-line URS 1 is complete, and effectively replace the temporary regulations with the URS 1 final rule, as issued on August 23, 2013.

January 10, 2017 (Federal Register Volume 82, No. 6) [RIN 2126-AB66]

49 CFR 383.73 and 384.235 have amendatory corrections to fix errors in a final rule published on December 8, 2016. These changes are required because as written, the instruction and associated regulatory text would have deleted the recent changes published in the Federal Register on December 5, 2016, in the final rule titled "Commercial Driver's License Drug and Alcohol Clearinghouse" (Clearinghouse) (81 FR 87686, RIN 2126-AB18, Docket No. FMCSA-2011-0031). The FMCSA makes these corrections to ensure the original language in the Clearinghouse final rule remain in effect.

December 8, 2016 (Federal Register Volume 81, No. 236) [RIN 2126-AB66]

49 CFR 380 Appendices, Subpart E and new Subparts F, and G plus 383.71, 383.73, 384.230, 384.235, and 384.301 address significant regulatory changes that establish new standards for "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators".

December 5, 2016 (Federal Register Volume 81, No. 233) [RIN 2126-AB18]

49 CFR Parts 382, 383, 384, and 391 have significant Sections amended in order to establish requirements for the Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse), a database under the Agency's administration that will contain information about violations of FMCSA's drug and alcohol testing program for the holders of commercial driver's licenses (CDLs). This rule is mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21). These changes intend to improve roadway safety by identifying commercial motor vehicle (CMV) drivers who have committed drug and alcohol violations that render them ineligible to operate a CMV.

Note: On July 6, 2012, President Obama signed into law a new two year transportation reauthorization bill, the Moving Ahead for Progress in the 21st Century Act ("MAP-21"; P.L. 112-141). This law includes provisions intended to help the Federal Motor Carrier Safety Administration (FMCSA) in its mission to reduce crashes, injuries and fatalities involving large trucks and buses. Many of the provisions in MAP-21 track the Agency's strategic framework to improve commercial motor vehicle (CMV) safety by supporting its three core principles:

  • Raise the bar to enter the industry and operate on our roads;
  • Hold motor carrier and drivers to the highest safety standards to continue operations; and
  • Remove the highest risk drivers, vehicles, and carriers from our roads and prevent them from operating. 

  • November 22, 2016 (Federal Register Volume 81, No. 225) [RIN 2016-28018]

    49 CFR 376.12 The FMCSA issued a ruling that lifted a restriction on Mexico-domiciled motor carriers from leasing commercial motor vehicles (CMVs) to U.S. carriers to transport property into the United States until the international obligations under the North American Free Trade Agreement (NAFTA) chapter on cross-border trade in services were met. The conclusion of a U.S.-Mexico Cross Border Long-Haul Trucking Pilot Program was that the obligations were met and thus the initial restriction is no longer applicable.

    November 1, 2016 (Federal Register Volume 81, No. 211) [RIN 2016-0096]

    49 CFR 395.3.(a)(3)(ii) An exemption notice from the standard driving time and rest breaks under §395.3(a)(3)(ii) has been issued. This exemption is effective November 1, 2016 and expires on November 1, 2018.

    October 27, 2016 (Federal Register Volume 81, No. 208) [RIN 2012-0178]

    49 CFR 391.43 FMCSA announced its decision to allow certified Medical Examiners (MEs) to use the Medical Examination Report (MER) Form, MCSA-5875, and Medical Examiner's Certificate (MEC), Form MCSA-5876, with October, November, and December, 2015 revision dates that are located in the top left corner of the forms until existing stocks are depleted.

    October 14, 2016 (Federal Register Volume 81, No. 199) [RIN 2116-AB91]

    49 CFR 350 The FMCSA adopted, as final, certain regulations required by the Fixing America's Surface Transportation Act (FAST Act) enacted on December 4, 2015. The relevant statutory changes went into effect on October 1, 2016, and required that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. The affected Sections in 49 CFR Part 350 are: §§350.101, 350.103, 350.105, 350.107, 350.109, 350.110, 350.201, 350.203, 350.205, 350.206, 350.207, 350.208, 350.210, 350.211, 350.213, 350.215, 350.301, 350.303, 350.305, 350.308, 350.309, 350.310, 350.311, 350.313, 350.319, 350.321, 350.323, 350.329, 350.331, and 350.335.

    Note: On December 4, 2015, the Fixing America's Surface Transportation (FAST) Act (Pub. L. No. 114-94) was signed into public law. The FAST Act is the first federal law in over a decade to provide long-term funding certainty for surface transportation infrastructure planning and investment.

    October 14, 2016 (Federal Register Volume 81, No. 199) [RIN 2126-AB95]

    49 CFR 382.103 and 383.3 were corrected due to an inadvertent error in the October 4, 2016 final rule "General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations." These two corrections make it clear that all four conditions in each farm vehicle driver exception must be met in order for the exception to be used.

    October 13, 2016 (Federal Register Volume 81, No. 198) [RIN 2126-AB68]

    49 CFR 383.5, 383.77, 383.79 and 384.301 contain commercial driver's license (CDL) regulations and are amended to ease the transition of military personnel into civilian careers driving commercial motor vehicles (CMVs) by simplifying the process of obtaining a commercial learner's permit (CLP) or CDL.

    October 4, 2016 (Federal Register Volume 81, No. 192) [RIN 2126-AM95]

    49 CFR Parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 378, 382, 383, 384, 385, 386, 390, 391, 392, 395, 397 and 398 have technical correcting amendments throughout. The FMCSA is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, and improve clarity and consistency of certain regulatory provisions. Further, this set of amendments removes all remaining instances of the term "common carrier" and "contract carrier" as required by the ICC Termination Act (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).This rule does not make any substantive changes to the affected regulations, except to remove obsolete provisions.

    September 23, 2016 (Federal Register Volume 81, No. 185) [RIN 2126-AB94]

    49 CFR 393.5 and 393.60 contain commercial driver's license (CDL) regulations and are amended to ease the transition of military personnel into civilian careers driving commercial motor vehicles (CMVs) by simplifying the process of obtaining a commercial learner's permit (CLP) or CDL.

    September 2, 2016 (Federal Register Volume 81, No. 171) [RIN 2126-AB81]

    49 CFR 393.11 and Appendix G to Subchapter B of Chapter III reflect minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems (ABS).

    July 28, 2016 (Federal Register Volume 81, No. 145) [RIN 2126-AA22]

    49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392 have Sections that are affected by the August 23, 2013, electronic on-line Unified Registration System (URS) final rule. The FMCSA has again changed the effective and compliance dates for this final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, Intermodal Equipment Providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities required to register with FMCSA, and streamline the existing Federal registration processes to ensure the Agency can more efficiently track these entities. The October 21, 2015 final rule made slight revisions to the 2013 rule and delayed the effective dates of that rule. This final rule extended the effective and compliance dates, revised in 2015, and also corrected regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology (IT) systems work.

    July 22, 2016 (Federal Register Volume 81, No. 141) [RIN 2126-AB89]

    49 CFR Parts 365, 381, 383, 390, 391, 392, 393, 395 and 396 contain Sections that are affected by the Fixing America's Surface Transportation Act (FAST Act) enacted on December 4, 2015. The Federal Motor Carrier Safety Administration (FMCSA) therefore has adopted, as final, conforming changes to its regulations to ensure they are current and consistent with the statutory requirements.

    July 22, 2016 (Federal Register Volume 81, No. 141) [RIN 2126-AB81]

    49 CFR 393.5, 393.11, 393.75, 396.9, 396.17, 396.19, 396.23 and Appendix G to Subchapter B of Chapter III are changed 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). Specifically, the Agency added 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; revised 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; amended 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; amended two appendices to include provisions for the inspection of antilock braking systems (ABS) and automatic brake adjusters, speed-restricted tires, and motorcoach passenger seat mounting anchorages; and updated the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violationfree roadside inspection, which then caused a change to the inspector qualification requirements.

    July 22, 2016 (Federal Register Volume 81, No. 141) [RIN 2126-AB81]

    49 CFR 396.17 and 396.23 feature updated Regulatory Guidance content regarding the periodic inspection of commercial motor vehicles (CMVs).

    July 22, 2016 (Federal Register Volume 81, No. 129) [RIN 2126-AB87]

    49 CFR 392.16 was updated via a technical amendment that removed the term "property-carrying" from paragraph §392.16 (a).

    June 27, 2016 (Federal Register Volume 81, No. 123) [RIN 2126-AB93]

    49 CFR Appendices A and B to Part 386 are modified to ensure that the civil penalties assessed or enforced by the FMCSA reflect the statutorily mandated ranges as adjusted for inflation. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), the FMCSA is required to promulgate a catch-up adjustment through an interim final rule.

    June 17, 2016 (Federal Register Volume 81, No. 117) [RIN 2126-AB87]

    49 CFR 385.4 was updated to reflect the current incorporation by reference 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."

    June 7, 2016 (Federal Register Volume 81, No. 109) [RIN 2126-AB87]

    49 CFR 392.16 was revised in order to require passengers in property-carrying commercial motor vehicles (CMVs) to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce.

    March 16, 2016 (Federal Register Volume 81, No. 51) [RIN 2126-AB90]

    49 CFR 390.300T (added), 390.301, 390.303 and 390.305 reflect a compliance date extension for one year, to January 1, 2018. These Sections cover regulations that effect motor carriers of passengers operating CMVs under a lease or interchange agreement that are subject to the FMCSA final rule published May 27, 2015.