Regulatory Update – April 28, 2023

Update on Relevant U.S. Regulations

FMCSA Announces Closed MRB Meeting
On April 26, the Federal Motor Carrier Safety Administration (FMCSA) announced a closed meeting of the Medical Review Board (MRB) on Wednesday, May 10. FMCSA will discuss the MRB task statement relating to the review of medical examiner certification test questions.

NHTSA Announces Advisory Committee on Underride Protection Meeting
On April 26, the National Highway Traffic Safety Administration (NHTSA) announced a meeting of the Advisory Committee on Underride Protection (ACUP). The purpose of ACUP is to provide advice and recommendations to the U.S. Secretary of Transportation on safety regulations to reduce crashes and fatalities relating to underride crashes. The meeting will be held on May 25. Pre-registration is required to attend this online meeting.

NHTSA Grants Petition to Daimler Trucks North America
Also on April 26, NHTSA granted Daimler Trucks North America LLC’s (DTNA) petition regarding a noncompliance report dated Nov. 27, 2017. DTNA, in collaboration with SynTec Seating Solutions LLC, the seating manufacturer, subsequently petitioned NHTSA on Dec. 15, 2017, and later amended it on Sept. 21, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

PHMSA Extends Comment Period for March 3 HM-219D NPRM
On April 26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the extension of the comment period for its March 3 notice of proposed rulemaking (NPRM), entitled “Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements (HM–219D),” proposing changes to update, clarify, improve the safety of, or streamline various regulatory requirements. Comments are due by June 16.

PHMSA Publishes Updates on Special Permits
On April 24, PHMSA published updates on special permit applications:

UCR Requests Nominations for Board of Directors
On April 24, the Unified Carrier Registration (UCR) Plan Board of Directors requested nominations of qualified individuals in all four service areas of FMCSA for appointment by FMCSA to the UCR Plan Board of Directors to fill four vacancies for terms which expire on May 31, 2026. The nominees must be from the chief administrative officers of state agencies responsible for overseeing the administration of the UCR agreement. Nominations are due by May 10.

FMCSA Requests Comments on Study Relating to CMVs Equipped with ADS and ADAS
On April 21, FMCSA announced its plan to submit an information collection request to the Office of Management and Budget seeking comments on a proposed information collection titled “Human Factors Considerations in Commercial Motor Vehicle Automated Driving Systems and Advanced Driver Assistance Systems.” It is a driving simulator study with a series of questionnaires that will evaluate how commercial motor vehicle (CMV) drivers engage with CMVs equipped with SAE International Level 2 advanced driver assistance systems (ADAS) and Level 3 automated driving systems (ADS). Comments are due by May 22.

NHTSA Requests Comment on Side Underride Guards
On April 21, NHTSA published an advance notice of proposed rulemaking (ANPRM) requesting comments on side underride guards. This ANPRM summarizes NHTSA’s research and requests comment on the accuracy of the estimated benefits, costs and other impacts of requiring side underride guards on heavy trailers and semitrailers. Comments are due by June 20.

Update on Exemptions

FMCSA Requests Comments on ELDT Requirements
On April 20, FMCSA published a notice requesting comment on an application from Alaska’s Ice Road Driving School requesting an exemption from the skills road test portion of the behind-the-wheel entry-level driver training (ELDT) requirements for driver trainees. Comments are due by May 22.

FMCSA Renews TowMate Use of Rechargeable Wireless Stop, Turn and Tail Lighting Systems Exemption
On April 19, FMCSA announced its decision provisionally to renew TowMate LLC’s application for a limited five-year exemption to allow motor carriers to operate rechargeable wireless temporary stop, turn and tail lighting systems during temporary towing operations. The agency has determined use of rechargeable wireless temporary stop, turn and tail lighting systems during temporary towing operations would not have an adverse impact on safety, and use of these systems under the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. Comments are due by May 19.

FMCSA Denies NPGA HOS Exemption Request
On April 19, FMCSA announced its decision to deny a request from the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements to enable the propane industry to prepare and respond to peak periods of consumer demand among residential, agricultural and commercial consumers in anticipation of, during, and to recover from emergency conditions.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at under the “Inspections” tab at the top of the page.