auspices of the United States-Canada Regulatory Cooperation Council, may reduce or eliminate unneces- sary regulatory differences between the United States and Canada. 83 Fed. Reg. 50689 (October 9, 2018). OMB seeks comments on how to reduce burdens through the reduction of differences between U.S. and Canadian regulatory require- ments, conformity assess- ment procedures, sub-regu- latory guidance, and other related policies and proce- dures. In addition, the agency invites input on specific issues and sectors in which future cooperation would prove fruitful, including proposals to align regulatory systems, streamline bilateral cooperation, and improve stakeholder engagement. 

FMCSA Seeks Comments on Preemption of California Meal and Rest Break Rules

Just days after it was filed, the Federal Motor

Carrier Safety Administration has published for public comment the petition of the American Trucking Associations to preempt the California meal and rest break rules as applied to commercial motor vehicle drivers. 83 Fed. Reg. 50142 (October 4, 2018). The FMCSA requests comments on what effect, if any, California’s meal and rest break require- ments may have on inter- state commerce.

Because Congress failed to include in the FAA bill a provision to preempt state meal and rest requirements as applied to truck driv- ers subject to the federal hours of service regulations, ATA filed a petition with the Federal Motor Carrier Safety Administration to accomplish that objective administratively rather than statutorily.

The petition seeks a determination that the meal and rest break require- ments of California law are preempted under 49

U.S.C. 31141, insofar as they are applied to commer- cial motor vehicle drivers whose hours of service are within the jurisdiction of the U.S. Department of Transportation. ATA argues that the California rules, which require employers in the transportation industry to provide employees with an off-duty 30-minute break for every five hours worked, be- fore the end of each five-hour period, and a ten-minute off-duty break for every four hour period, forces drivers to take breaks at times required by the regulations and not when the drivers actually feel fatigue. In addition, the petition notes that the rules require drivers to spend additional time locating parking places and shutting down equipment, so that the cumulative effect of the meal and rest break rules are significantly larger than the nominal break requirements. Thus, ATA asserts that the California rules interfere

with the flexibility under fed- eral HOS rules that encour- age drivers to take breaks when they most need them, and by making it harder for drivers to find safe places to do so. 

UCR Registration Delayed Indefinitely

Registration and payment of fees under the Unified Carrier Registration Plan have been delayed indefinite- ly while the Federal Motor Carrier Safety Administration completes its rulemaking process on fee levels for 2019. Once the rulemaking is published, the UCR Board will issue a recommended enforcement date three months from the start of the registration period. The proposed fees for 2019 currently under review are based on a recommenda- tion that was submitted by UCR to the FMCSA to reduce fees for carriers at all levels by 4.5% in 2019. This follows a 9.1% reduction for the 2018 registration year. 

DECEMBER 2018 | OABA ShowTime Magazine  27

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