FMCSA updates 49CFR per FAST Act

FMCSA 07-22 FR misc updates 49CFR 365-396.pdf

On July 22, 2016 (81 FR 47714), the Federal Motor Carrier Safety Administration (FMCSA) published a final rule in the federal register to revise the Federal Motor Carrier Safety Regulations (FMCSRs) in 49 CFR Parts 49 CFR Parts 365, 381, 383, 390, 391, 392, 393, 395, and 396 by adopting, as final, certain regulations required by the Fixing America’s Surface Transportation Act (FAST Act) enacted on December 4, 2015. The statutory changes went into effect on October 1, 2015, retroactively, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. For example, it exempts welding trucks used in the construction and maintenance of pipelines from FMCSA’s regulations. It excepts drivers of ready-mixed concrete trucks and hi-rail vehicles, as well as drivers of commercial motor vehicles (CMVs) transporting livestock and bees, from some of the hours of service (HOS) requirements in 49 CFR part 395. It also extends the length of the time (from 2 years to 5 years) that an exemption or renewal of an exemption may provide relief from the FMCSRs. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act (APA). This final rule is effective July 22, 2016. Petitions for Reconsideration must be received by the Agency no later than August 22, 2016.