Additional Measures Taken to Help States Affected by Pipeline

First published by FMCSA.

USDOT Announces Additional Measures to Help States in Areas Affected by the Colonial Pipeline Incident

The U.S. DOT today announced additional help for States in areas affected by the cyberattack on the Colonial Pipeline.  The White House and DOT have determined that previous declarations of “major disaster” issued by the President within the past 120 days allow States covered by those declarations to use Interstate highways in their State to transport overweight loads of gasoline and other fuels.  Each State must continue to follow its own procedures for issuance of special permits authorizing the loads, but the added flexibility announced today lawfully permits these trucks to run on the Interstate Highway System and other Federal highways.  This flexibility is in addition to preexisting authority for States to issue special permits allowing the trucks to run on State highways.

The previous Presidential declarations created this authority for up to 120 days.  Given the declarations’ varied dates of issuance, that period will expire at different points for the affected States between now and early September.  The first State whose 120-day period will expire is Maryland, on June 4.  The last State is Virginia, on September 7.

The ten States covered are Alabama, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, North Carolina, Tennessee and Virginia.  All these States are already covered under the separate Emergency Declaration that the Federal Motor Carrier Safety Administration issued on May 9, which grants truck drivers making emergency fuel deliveries in areas affected by the pipeline disruption relief from the Federal hours of service limits and certain other safety regulations.

Consistent with 23 U.S.C. 127(i) and applicable State laws, States that are currently operating under Federal Major Disaster Declarations may issue special permits to overweight vehicles carrying divisible loads on Interstate and Defense Highways that are delivering relief supplies, including gasoline, diesel, jet fuel, and other refined petroleum products.  States may exercise this authority for 120 days from the date of the declaration of the major disaster.


McCraren Compliance can help you understand and comply with FMCSA and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA Responds to Unanticipated Shutdown of Colonial Pipeline

First published by FMCSA.

U.S. Department of Transportation’s Federal Motor Carrier Administration Issues Temporary Hours of Service Exemption in Response to the Unanticipated Shutdown of the Colonial Pipeline

See the source image

WASHINGTON – The U.S. Department of Transportation (USDOT) announced today as part of the federal government’s efforts to actively assess the implications of the Colonial Pipeline incident and to avoid disruption to supply, that the USDOT’s Federal Motor Carrier Safety Administration is taking steps to create more flexibility for motor carriers and drivers. FMCSA is issuing a temporary hours of service exemption that applies to those transporting gasoline, diesel, jet fuel and other refined petroleum products to Alabama, Arkansas, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

USDOT’s top priority is safety, and while current circumstances dictate providing industry flexibility, FMCSA will work closely with its state and industry partners to monitor driver work hours and conditions for the duration of the exemption.

The full text of FMSCA’s action can be found here.


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FMCSA Road Safety Art Contest

First published by Safety+Health an NSC publication.

Gianna.jpg

Second grader Gianna Liu, from Hillsborough, NJ, won a top honor for her artwork in 2020. Photo: Federal Motor Carrier Safety Administration

Washington — The Federal Motor Carrier Safety Administration is accepting entries until June 4 for its annual Road Safety Art Contest for students.

As part of FMCSA’s Our Roads, Our Safety campaign, designed to remind motorists to drive safely when sharing the road with commercial motor vehicles, the contest is open to students in kindergarten up to 12th grade. This year’s contest features new creative submission categories.

“Everyone on our roads has a responsibility to help keep each other safe,” the agency says on the contest webpage. “The annual FMCSA Road Safety Art Contest invites students to use their creativity to raise awareness of how to stay safe on the road, particularly when driving, biking or walking around large trucks and buses.”

Grand prize and honorable mention winners will be awarded in four categories: kindergarten-fifth grade, sixth-eighth grades, ninth-10th grades and 11th-12th grades. Winners will receive a framed copy of their artwork and an award certificate. The winning artwork will be featured in the contest’s winner announcement video, on FMCSA’s Kid Zone and Teen Zone websites, and in the 2022 Road Safety Art Contest Calendar.


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA grants regulatory relief to drivers taking emergency supplies to storm-hit states

First published by Safety+Health an NSC publication.

Washington — The Federal Motor Carrier Safety Administration has announced temporary relief from regulations – including hours of service – for commercial motor vehicle drivers delivering “direct assistance” to emergency efforts in states affected by severe winter weather.

FMCSA’s regional emergency declaration – issued Feb. 17 and effective through March 4 or until the end of the emergency – covers 33 states and the District of Columbia. The declaration “is in response to damage and heating and other fuel shortages.”

Drivers covered under the declaration are transporting heating fuels (e.g., propane, natural gas and heating oil) and other fuel products, including gasoline. Also included are drivers transporting people, supplies, goods or equipment into and out of the affected states.

“When a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver operates conducting emergency relief efforts, or a combination of emergency relief and normal operation, equals 14 hours,” FMCSA says.

The regulatory relief “terminates” when a driver or CMV is used in interstate commerce or “to transport cargo or provide services not in support of emergency relief efforts related to the severe winter storm.” It also doesn’t apply when a motor carrier dispatches a driver or CMV to another place “to begin operations in commerce.” Likewise, drivers or motor carriers under an out-of-service order aren’t eligible for regulatory relief.

The regulatory relief doesn’t exempt drivers from testing for alcohol and controlled substances, commercial driver’s license requirements, insurance or financial responsibility requirements, hazardous materials regulations, and size and weight requirements.


McCraren Compliance can help you understand and comply with FMCSA and USDOT to ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA extends pandemic-related hours-of-service exemptions

First published by Safety+Health an NSC publication.

Washington — The Federal Motor Carrier Safety Administration says temporary hours-of-service exemptions and other “regulatory relief” will continue for commercial motor vehicle drivers transporting items intended to assist in the COVID-19 pandemic relief efforts.

Announced Feb. 12, the extension of Emergency Declaration 2020-002, initially issued March 13 and expanded and modified multiple times, is scheduled to remain in effect through May 31.

Regulatory relief is extended to drivers who are transporting:

  • COVID-19 vaccines; constituent products; and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines
  • Medical supplies and equipment for the testing, diagnosis and treatment of COVID-19
  • Supplies and equipment to help curb the spread of COVID-19, including masks, gloves, hand sanitizer, soap and disinfectants
  • Food, paper products and other groceries for emergency restocking of stores or distribution centers
  • Livestock and livestock feed

Drivers making routine commercial deliveries, “including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration,” are not covered under the exemption.


McCraren Compliance can help you understand and comply with FMCSA and USDOT to ensure your drivers and your vehicles operate safely and efficiently.

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Federal Mask Requirement for Surface Transportation Providers

First published by FMCSA.

Yesterday, the Centers for Disease Control and Prevention (CDC) issued an Order imposing a mask requirement applicable to public transportation systems, rail, and van, bus and motorcoach service providers to mitigate the risk of COVID-19.  The CDC Order implements President Biden’s Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, “to save lives and allow all Americans, including the millions of people employed in the transportation industry, to travel and work safely.”

Science-based measures are critical to preventing the spread of COVID-19. Mask-wearing is one of several proven life-saving measures including physical distancing, appropriate ventilation and timely testing that can reduce the transmission of COVID-19. Requiring masks will protect America’s transportation workers and passengers, help control the transmission of COVID-19, and aid in re-opening America’s economy.

In addition to the CDC order, the Transportation Security Administration (TSA) anticipates issuing additional information and guidance on this topic.

The Department has posted a Frequently Asked Questions at this website. https://www.transportation.gov/safety/mask-travel-guidance

The Department will continue to add to this site with additional information in the coming days.

The U.S. Department of Transportation will be scheduling stakeholder calls beginning the week of February 1, 2021.

Please share the mask mandate information with colleagues and send questions to FMCSAMaskUp@dot.gov.

Links


McCraren Compliance can help you understand and comply with FMCSA and USDOT to ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA seeks to add rear impact guards to annual CMV inspection list

First published by Safety+Health an NSC publication.

See the source image

Washington — The Federal Motor Carrier Safety Administration is proposing to add rear impact guards to the list of components to be examined during mandatory yearly inspections of commercial motor vehicles.

Rear impact guards are designed to prevent “underrides,” which occur when a passenger vehicle strikes the rear of a CMV and slides underneath.

According to a notice of proposed rulemaking published in the Dec. 29 Federal Register, rear impact guards have been required on CMVs for nearly 70 years but aren’t included on the list of components in Appendix G for required inspections. This means that a CMV can pass an annual inspection with a missing or damaged rear impact guard, FMCSA notes.

Additionally, the agency is proposing to amend labeling requirements for the guards “and to exclude road construction controlled (RCC) horizontal discharge trailers from the rear impact guard requirements.”

The deadline to comment on the proposed rule is March 1.


McCraren Compliance can help you understand and comply with FMCSA and USDOT to ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA seeks comment on clarification of ‘agricultural commodities’

First published by Safety+Health an NSC publication.

Washington — The Federal Motor Carrier Safety Administration is asking for input on an interim final rule that clarifies the definitions of the terms “any agricultural commodity” and “livestock” in the agency’s hours-of-service regulations for commercial truck drivers.

Current regulations call for exemptions in HOS requirements during harvesting and planting season in each state. Drivers are exempt in a 150-air-mile radius from the source of that agricultural commodity.

Published in the Nov. 24 Federal Register and effective Dec. 9, the interim final rule acknowledges the ambiguity of current regulations while amplifying the agency’s interpretation. The rule states that “horticultural products subject to perishability or significant degradation in product quality during transport” by commercial motor vehicle – such as sod, flowers, seedlings, live trees and Christmas trees – fall under the parameters of “any agricultural commodity.”

Additionally, FMCSA expands the scope of the definition of “livestock” to include “all living animals cultivated, grown or raised for commercial purposes.” Previously, the agency did not include aquatic animals under this description.

“Our nation’s farmers and agriculture haulers will benefit from this clarification of the rules and will be able to deliver their products in a safer and more efficient manner,” FMCSA acting administrator Wiley Deck said in a Nov. 19 press release. “These improved rules will help farmers move commodities and get food to our grocery stores. We have heard the concerns from our farmers and ag haulers, and we’ve worked closely with [the U.S. Department of Agriculture] and the industry to provide regulatory clarity and craft this new rule.”

FMCSA in July 2019 issued an advance notice of proposed rulemaking requesting comment on whether to clarify or revise the definitions, receiving 140 responses. In June 2018, the agency issued guidance intended to clarify both the agricultural commodities exemption and the “personal conveyance” provision in HOS regulations.

Comments on the interim final rule are due Dec. 24. FMCSA states that it “will consider and address submitted comments in the final rule that will follow this IFR and may make changes to the rule in response to comments received.”


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25

Expansion And Extension Of The Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25
First published by Arizona Trucking Association.

Yesterday, FMCSA announced that they have expanded and extended the Emergency Declaration that was set to expire on December 31st. This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance in support of relief efforts related to COVID-19, as included in the September 11th modified and extended declaration. The primary change with this current declaration is the inclusion of vaccine transportation.

The expanded declaration published today is limited to the transportation of:

  1. Livestock and livestock feed;
  2. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
  3. Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
  4. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants, and;
  5. Food, paper products and other groceries for emergency restocking of distribution centers or stores. 

Please note, this expanded declaration became effective at 12:00 A.M. December 1st, and expires on February 28th, 2021.

As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.

We encourage everyone to review the applicability, restrictions, and limitations which are included in the exemption posted to the FMCSA’s website and below.

Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25


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CVSA reacts to FMCSA rejection of personal conveyance petition

rejection of personal conveyance petition

First published by Safety+Health an NSC publication.

Washington — The Commercial Vehicle Safety Alliance is evaluating its next course of action after the Federal Motor Carrier Safety Administration on Sept. 18 denied a CVSA petition requesting that the agency update its definition of personal conveyance and clarify a mileage limit.

A letter written by FMCSA acting administrator Wiley Deck and addressed to CVSA Executive Director Collin Mooney claims that the CVSA proposal lacks a “sufficient safety basis” to proceed with rulemaking that “would essentially propose arbitrary limits without any evidence of safety critical events avoided.”

CVSA filed the petition in May, after FMCSA announced a controversial final rule the agency claims adds flexibility to hours-of-service regulations. The rule went into effect Sept. 29.

“We understand the agency’s position on personal conveyance,” Mooney told Safety+Health, “but we still believe that it’s not addressed adequately.”

In June 2018, FMCSA issued guidance intended to clarify both the agricultural commodities exemption and the personal conveyance provision in HOS regulations.

According to the agency, personal conveyance – a driver’s movement of a commercial motor vehicle for personal use – is considered off-duty status and therefore does not affect HOS limitations.

However, CVSA contends in the petition that the guidance is “incomplete” without establishing a maximum distance and/or time a CMV operator can travel under the personal conveyance provision, stating that “a driver could, in theory, drive hundreds of miles over the course of several hours” under this designation, increasing the risk of driver fatigue and impacting roadway safety.

“Even though the agency says that setting a distance or time limit would be arbitrary, on the flip side of things, having things wide open for personal conveyance now is open-ended in itself, which is the whole point in the petition – why it’s creating issues,” Mooney said. “Because it gives the motor carrier industry and drivers an opportunity to hide hours under the premise of personal conveyance, which in fact is a falsification of the hours of service of the records of duty status. So, by providing that loophole, that gateway to camouflage or hide hours, we feel, is very problematic and jeopardizes highway safety.”

Deck writes that the guidance remains “an appropriate response to the issue, given the lack of research and data to support the adoption of specific restrictions.”

According to the guidance – which is effective until June 7, 2023 – other examples of personal conveyance include, but aren’t limited to:

  • Time spent traveling to restaurants and entertainment facilities from en route lodging, such as a motel or truck stop.
  • Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between worksites and the driver’s residence.
  • Time spent traveling in a motorcoach without passengers to en route lodging, or to restaurants or entertainment facilities and back to the lodging.
  • Time spent transporting personal property while off duty.
  • Authorized CMV use to travel home after working at an offsite location.

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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