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Summary of Changes for FMCSR+ March 2019 Edition March 21, 2019 (Federal Register Nº 55) [RIN 2126-AC05] §380.707 FMCSA corrected the entry-level driver training (ELDT) final rule published on March 6, 2019, titled "Commercial Driver's License Upgrade from Class B to Class A." The March 6, 2019 final rule contained an error in the amendatory instruction that is being corrected in order to ensure the regulatory text matches the discussion of the change being made in the preamble to the document.
March 7, 2019 (Federal Register Nº 46) [FMCSA- 2126-0429] §§383.3, 383.5, 383.21, 383.23, 383.31, 383.33, 383.37, 383.51, 383.75, 383.91, 383.93, 383.95, 383.113, 383.153, 384.209, 384.231 Regulatory Guidance (revised) FMCSA revised certain regulatory guidance concerning the "Commercial Driver's License Standards; Requirements and Penalties" and "State Compliance with Commercial Driver's License Program" rules. FMCSA seeks comment specifically on the deletion of 47 FMCSA guidance statements because: The rule is clear and further guidance is not needed; the deleted guidance was unclear; the deleted guidance is duplicative of other guidance statements; or the guidance is obsolete due to rulemakings completed since the guidance was issued. In addition, other guidance statements were revised for clarity and reorganized so that like content is grouped together. While this guidance is effective immediately, FMCSA is also seeking comments on the revisions to this guidance regarding commercial driver's license standards, requirements, and penalties and may issue additional changes if comments demonstrate a need. It is noted, however, that the Commercial Driver's License (CDL) regulations are not amended.
March 6, 2019 (Federal Register Volume 84 Nº 44) [2126-AC05] §380.707 and Appendix A to Part 380 FMCSA amended the entry-level driver training (ELDT) regulations published on December 8, 2016, titled "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators" (ELDT final rule), by adopting a new Class A CDL theory instruction upgrade curriculum to reduce the training time and costs incurred by Class B commercial driver's license (CDL) holders upgrading to a Class A CDL. This final rule does not change the regulatory text proposed in the Notice of Proposed Rulemaking (NPRM). The Agency believes that this modest change in the Class A theory training requirements for Class B CDL holders upgrading to a Class A CDL maintains the same level of safety established by the ELDT final rule, and the regulatory burden reduction will result in annualized cost savings of $18 million.
December 28, 2018 (Federal Register Volume 83 Nº 248) [2126-AC12] §367.50 (revised) and §367.60 (added) This rule established reductions in the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the registration years 2019, 2020 and thereafter.
December 21, 2018 (Federal Register Nº 245) [RIN 2126-AB98] §§383.25 and 383.73 FMCSA amended the Federal Motor Carrier Safety Regulations (FMCSRs) to allow States the option of issuing a commercial learner's permit (CLP) with an expiration date of up to one year from the date of initial issuance. The CLP must be valid for no more than one year from the initial date of issuance without requiring the CLP holder to retake the general and endorsement knowledge tests. CLPs issued for a period of less than one year may be renewed provided the CLP is not valid for more than one year from the date of initial issuance. This rule does not require a State to revise its current CLP issuance practices, unless it chooses to do so. This rule is a deregulatory action as defined by Executive Order (E.O.) 13771, "Reducing Regulation and Controlling Regulatory Costs."
December 4, 2018 (Federal Register Nº 233) [RIN 2126-AC22] §390.300T FMCSA extended the compliance date of the May 27, 2015, final rule titled "Lease and Interchange of Vehicles; Motor Carriers of Passengers," from January 1, 2019, to January 1, 2021. The final rule received 37 petitions for reconsideration. To address the concerns in the petitions, FMCSA initiated a new notice of proposed rulemaking (NPRM) that also included a proposal to extend the compliance date of the 2015 final rule from January 1, 2019, to January 1, 2021. This extension of the compliance date is necessary to provide time to consider all the issues raised in comments to the NPRM and to publish a final rule, while giving motor carriers sufficient time to comply with the revised requirements.
November 27, 2018 (Federal Register Volume 83 Nº 228) [2105-AE70] Appendices A and B to Part 386 (revised) In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the DOT issued a final rule which provides the 2018 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.
September 28, 2018 (Federal Register Nº 189) [RIN 2126-AC09] §§383.23, 383.77, 383.79 and 384.301 This rule allows, but does not require, State Driver Licensing Agencies (SDLAs) to waive requirements for the commercial learner's permit (CLP) knowledge test for certain individuals who are, or were, regularly employed within the last year in a military position that requires, or required, the operation of a commercial motor vehicle (CMV). This rule includes the option for an SDLA to waive the tests required for a passenger carrier (P) endorsement, tank vehicle (N) endorsement, or hazardous material (H) endorsement, with proof of training and experience.
September 27, 2018 (Federal Register Nº 188) [RIN 2126-AC09] §§380.603, 382.107, 390.5, 390.5T, 391.23, 395.2, 397.73, and 397.103 (amended) Effective September 27, 2018, the FMCSA amended its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations. The Agency made minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions.
September 19, 2018 (Federal Register Nº 182) [RIN 2126-AA95] §§391.41, 391.45, 391.64, and Appendix A to Part 391 (revised) plus §391.46 (added)FMCSA revised its regulations to permit individuals with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. Previously, ITDM individuals were prohibited from driving CMVs in interstate commerce unless they obtained an exemption from FMCSA. This rule enables a certified medical examiner (ME) to grant an ITDM individual a Medical Examiner's Certificate (MEC), MCSA-5876, for up to a maximum of 12 months. To do so, the treating clinician (TC), the healthcare professional who manages, and prescribes insulin for, the treatment of the individual's diabetes, provides the Insulin-Treated Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified ME indicating that the individual maintains a stable insulin regimen and proper control of his or her diabetes. The certified ME then determines that the individual meets FMCSA's physical qualification standards and can operate CMVs in interstate commerce.
June 21, 2018 (Federal Register Volume 83, Nº 120) [RIN 2126-AC18] §§383.71, 383.73, 391.23, 391.41, 391.43, 391.45, 391.51 (amended) FMCSA amended its regulations to delay the compliance date from June 22, 2018, to June 22, 2021, for several provisions of its April 23, 2015 Medical Examiner's Certification Integration final rule. This action is being taken to provide FMCSA additional time to complete certain information technology (IT) system development tasks for its National Registry of Certified Medical Examiners (National Registry) and provide the State Driver's Licensing Agencies (SDLAs) sufficient time to make the necessary IT programming changes after upgrades to the National Registry.
June 11, 2018 (Federal Register Volume 83, Nº 112) [RIN 2126-AB97] §§390.5, 390.5T, 390.101, 390.103, 390.109, 390.111, 390.113, 390.115, and 391.43 (amended or revised) plus §§390.123, 390.125, 390.127, 390.129, 390.131, 390.133, 390.135 (added) FMCSA amended the Federal Motor Carrier Safety Regulations (FMCSRs) to establish an alternative process for qualified advanced practice nurses, doctors of chiropractic, doctors of medicine, doctors of osteopathy, physician assistants, and other medical professionals who are employed in the VA and are licensed, certified, or registered in a State to perform physical examinations (qualified VA examiners) to be listed on the Agency's National Registry of Certified Medical Examiners, as required by the Fixing America's Surface Transportation (FAST) Act and the Jobs for Our Heroes Act. After successful completion of online training and testing developed by FMCSA, these qualified VA examiners will become certified VA medical examiners who can perform medical examinations of, and issue Medical Examiner's Certificates to, commercial motor vehicle operators who are military veterans enrolled in the VA healthcare system. This rule will reduce the costs for qualified VA examiners to be listed on the National Registry.
June 7, 2018 (Federal Register Volume 83 Nº 110) [FMCSA-2017-0360] §395.1 - Regulatory Guidance (updated) FMCSA announced regulatory guidance to clarify the applicability of the "Agricultural commodity" exception in the "Hours of Service (HOS) of Drivers" regulations. This regulatory guidance clarifies the exception with regard to: drivers operating unladen vehicles traveling either to pick up an agricultural commodity or returning from a delivery point; drivers engaged in trips beyond 150 air-miles from the source of the agricultural commodity; determining the "source" of agricultural commodities under the exemptions; and how the exception applies when agricultural commodities are loaded at multiple sources during a trip. This regulatory guidance was issued to ensure consistent understanding and application of the exception by motor carriers and State officials enforcing HOS rules identical to or compatible with FMCSA's requirements.
June 7, 2018 (Federal Register Volume 83 Nº 110) [FMCSA-2017-0108] §395.8 - Regulatory Guidance (updated) On December 19, 2017, FMCSA proposed revisions to the regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while off-duty, referred to as "personal conveyance." Over 380 comments were received in response to the draft guidance. This revised guidance addresses issues raised by commenters. This guidance applies to all CMV drivers required to record their hours of service (HOS) who are permitted by their carrier to use the vehicle for personal use.
May 25, 2018 (Federal Register Volume 83, Nº 102) [2126-AB47] §§390.5, 390.5T, 395.15 (revised) and §390.31 - Regulatory Guidance (rescinded) FMCSA corrected the electronic documents and signatures final rule published on April 16, 2018 that amended FMCSA regulations to allow the use of electronic records and signatures to satisfy FMCSA's regulatory requirements. This document corrects an amendatory instruction, removes two extra commas at the end of two phrases, and adds "of this section" to a cross reference in a paragraph. Finally, FMCSA rescinds its January 4, 2011, interpretations and regulatory guidance.
May 17, 2018 (Federal Register Volume 83 Nº 96) [2126-AC06] §§350.105, 350.335, 360.1, 360.1T, 360.3T, 365.403T, 373.103, 380.107, 380.109, 380.201, 380.203, 380.205, 380.303, 380.605, 380.713, 380 Appendix A, 380 Appendix B, 382.403, 383.23, 383.5, 383.73, 384.301, 385.203, 385 Appendix B, 387.3, 387.7, 387.33, 387.33T, 387.301, 387.301T, 387.303, 387.303T, 387.313, 390.3, 390.3T, 390.5, 390.5T, 390.15, 390.19T, 390.27, 390.115, 393.60, 395.13, 395 Appendix A to Subpart B, 396.17, 396.23, 397.73, 397.103, and 398.8 (amended or revised) FMCSA amended its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations. The Agency made minor changes to correct inadvertent errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve the clarity and consistency of certain regulatory provisions.
April 16, 2018 (Federal Register Volume 83, Nº 73) [RIN 2126-AB47] §§370.3, 370.5, 370.7, 370.9, 371.109, 371.111, 373.103, 375.209, 375.213, 375.505, 376.11, 376.12, 378.3, 378.4, 378.5, 378.6, 378.7, 378.8, 379.5, 379.7, 379 Appendix A, 380.715, 382.601, 387.7, 387.15, 387.31, 387.39, 387.313T, 387.413T, 390.5, 390.5T, 390.7, 390.31, 390.32, 391.55, 395.8, 395.15, 396.11, 396.12, 398.3 (amended or revised) plus §390.32 (added) FMCSA updated its regulations to allow the use of electronic records and signatures to satisfy FMCSA's regulatory requirements. These amendments permit the use of electronic methods to generate, certify, sign, maintain, or exchange records so long as the documents accurately reflect the required information and can be used for their intended purpose. This rule applies only to those documents that FMCSA's regulations obligate entities or individuals to retain; it does not apply to forms or other documents that must be submitted directly to FMCSA unless there are already procedures in place in the regulations for electronic submission to FMCSA. This rule partially implements the Government Paperwork Elimination Act (GPEA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN).
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