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Summary of Changes for FMCSR Glove Box March 2020 Edition
 
March 25, 2020 (Federal Register Volume 85, Nº 36)[RIN 2126-AC28]

§385.4 FMCSA amended its Hazardous Materials Safety Permit regulations to incorporate by reference the April 1, 2019, edition of the Commercial Vehicle Safety Alliance's (CVSA) “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 Out-of-Service Criteria provides uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA's State partners.

 
March 20, 2020 (Federal Register Volume 85, Nº 23)[RIN 2126-AC25]

§§380.600, 380.603, 383.71, 383.73 384.230 & 384.301 FMCSA amended its December 8, 2016, final rule, "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators" (ELDT final rule), by extending the compliance date for the rule from February 7, 2020, to February 7, 2022. This action provided FMCSA additional time to complete development of the Training Provider Registry (TPR). The TPR allows training providers to self-certify that they meet the training requirements and will provide the electronic interface that will receive and store entry-level driver training (ELDT) certification information from training providers and transmit that information to the State Driver Licensing Agencies (SDLAs). The extension also provided SDLAs with time to modify their information technology (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR. FMCSA delayed the entire ELDT final rule, as opposed to a partial delay as proposed, due to delays in implementation of the TPR that were not foreseen when the proposed rule was published.

 
January 27, 2020 (Federal Register Volume 84, Nº 248)[RIN 2105-AE84]

§389.39 This final rule set forth a comprehensive revision and update of the Department's regulations on rulemaking procedures and consolidates all of the Department's existing administrative procedures in one location. It also incorporated and reflects the Department's current policies and procedures relating to the issuance of rulemaking documents. Finally, it codified the Department's internal procedural requirements governing the review and clearance of guidance documents and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.

 
December 13, 2019 (Federal Register 84, Nº 240)[RIN 2126-AC32]

§§382.725, 383.73 & 384.235 FMCSA extended the compliance date for the requirement established by the December 5, 2016, Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) final rule that States request information from the Clearinghouse ("query") about individuals before completing certain commercial driver's license (CDL) transactions for those drivers. The States' compliance with this requirement, due to begin on January 6, 2020, was delayed until January 6, 2023. This rule allowed States the option to voluntarily request Clearinghouse information beginning on January 6, 2020. The compliance date extension allowed FMCSA the time needed to complete its work on a forthcoming rulemaking to address the States' use of driver-specific information from the Clearinghouse, and time to develop the information technology platform through which States will electronically request and receive Clearinghouse information. The compliance date of January 6, 2020, remained in place for all other requirements set forth in the Clearinghouse final rule.

 
October 31, 2019 (Federal Register Volume Nº 84, 190) [RIN 2126-AA70]

§§383.5, 383.93 and 383.141 The FMCSA adopted those requirements of the interim final rule (IFR) published on May 5, 2003 (2003 IFR), and the IFR published on April 29, 2005 (2005 IFR), which have not previously been finalized, as final without change. The 2003 IFR amended the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit States from issuing, renewing, transferring, or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement unless the Transportation Security Administration (TSA) in the Department of Homeland Security has first conducted a security threat assessment and determined that the applicant does not pose a security risk warranting denial of the hazardous materials endorsement, as required by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). The 2005 IFR amended the FMCSRs to conform to the TSA's compliance date and reduce the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials endorsement. In addition, this rule incorporates a provision of the Implementing Recommendations of the 9/11 Commission Act of 2007 and two provisions of the FAA Reauthorization Act of 2018, which together authorize a State to issue a license to operate a motor vehicle transporting hazardous material in commerce to an individual who holds a valid transportation security card. In particular, the Agency incorporated TSA's definition of a Transportation Worker Identification Credential (TWIC) as equivalent to a Transportation Security Card (TSC).

 
October 15, 2019 (Federal Register Volume Nº 84, 157) [RIN 2126-AC07 and 2126-AC22]

§390.5, 390.5T, 390.21, 390.21T, 390 SubPart F and 390 SubPart G FMCSA amended its May 27, 2015, final rule on Lease and Interchange of Vehicles; Motor Carriers of Passengers (2015 final rule) in response to petitions for rulemaking. This final rule narrows the applicability of the 2015 final rule by excluding certain contracts and other agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with FMCSA from the definition of lease and the associated regulatory requirements. For passenger carriers that remain subject to the leasing and interchange requirements, FMCSA returns the bus marking requirement to its July 1, 2015, state with slight modifications to add references to leased vehicles; revises the exception for the delayed writing of a lease during certain emergencies; and removes the 24-hour lease notification requirement.

 
September 30, 2019 (Federal Register Volume Nº 84, 189) [RIN 2126-AC27]

§§380, 382, 383, 387, 391, 395 and 396 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. The Agency also made nondiscretionary, ministerial changes that are statutorily mandated.

 
September 23, 2019 (Federal Register Volume Nº 84, 141) [RIN 2126-AC20]

§383.51 This final rule revised the list of offenses permanently disqualifying individuals from operating a commercial motor vehicle (CMV) for which a commercial drivers' license or a commercial learner's permit is required. This final rule reflects a change made by Congress in the "No Human Trafficking on Our Roads Act” (the Act) which prohibits an individual from operating a CMV for life if that individual uses a CMV in committing a felony involving a severe form of human trafficking, adding to the list of other disqualifying offenses identified in statute. A list of these disqualifying offenses already exists in the FMCSRs; this final rule is necessary to update that list to include the new disqualifying offense established by the Act. This final rule also sets a deadline for States to come into substantial compliance with this requirement. The FMCSA corrected a final rule that appeared in the Federal Register on July 23, 2019. The document included an incorrect compliance date for States to come into substantial compliance with the provisions in the final rule and an incorrect paragraph designation for this provision.

 
July 31, 2019 (Federal Register Volume Nº 84, 147) [RIN 2105-AE80]

Appendices A and B to §386 (revised) In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provided the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.

 
May 6, 2019 (Federal Register Volume Nº 84, 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.

 
May 6, 2019 (Federal Register Volume Nº 84, 44) [RIN 2126-AC05]

§§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 and 383.153 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 7, 2019 (Federal Register Volume Nº 84, 46) [RIN 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 and 383.153 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.

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