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Regulatory Update – April 29, 2022

Update on Relevant U.S. Regulations

FMCSA Publishes Final Rule Updating Household Goods Regulations
On April 26, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule amending the household goods regulations based on recommendations from the Household Goods Consumer Protection Working Group. The notice states that the changes will reduce costs for household goods motor carriers and provide clarity for individual shippers. The final rule is effective June 27.

NHTSA Requests Comments on Barriers to FARS Reporting of Drug-Impaired Driving
On April 25, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on barriers and solutions for reporting toxicology investigations of drug-impaired driving and motor vehicle fatalities to the Fatality Analysis Reporting System (FARS). NHTSA is preparing a report to Congress on drug-impaired driving data collection and requests feedback about the barriers that states experience to include in the report.

NHTSA Publishes Investigation-Based Crash Data Studies ICR
On April 19, NHTSA published a notice and request for comments on an information collection request (ICR) to allow the agency to collect data on motor vehicle traffic crashes. The agency uses the data to aid in identifying crash trends and developing highway safety countermeasures. Comments are due by May 19.

FMCSA Requests Comments on Renewal of Safe Driver Apprenticeship Pilot Program ICR
On April 18, FMCSA published a notice and request for comments on the renewal of an ICR that is needed to collect the data necessary to carry out the Safe Driver Apprenticeship Pilot Program. The Infrastructure Investment and Jobs Act requires FMCSA to conduct this pilot program to evaluate the potential of allowing individuals ages 18-20 to operate commercial motor vehicles in interstate commerce by completing an apprenticeship program. Comments are due by June 17.

Update on Exemptions

FMCSA Denies Driveaway CDL Exemption Application
On April 27, FMCSA announced the denial of an application from several driveaway motor carriers for exemption from the requirement to hold a commercial driver’s license (CDL). The driveaway companies requested that their drivers be permitted to operate empty passenger carrier vehicles that weigh less than 26,001 pounds with 16 or more seats without holding a CDL.

FMCSA Denies Tornado Bus Company CDL Training Exemption Application
Also on April 27, FMCSA announced the denial of an application from Tornado Bus Company for exemption from certain training requirements to obtain a CDL. Tornado Bus Company requested that its drivers that have been granted permanent resident status in the U.S., but have been operating in the U.S. for more than two years with a Mexican licencia federal de conductor, be able to obtain a CDL without completing entry-level driver training, the CDL knowledge test to obtain a commercial learner’s permit (CLP), the skills test required for CLP holders to obtain a CDL, and the knowledge and skills test required for a passenger carrier endorsement.

FMCSA Renews FCSG Metal Coil Securement Exemption
On April 26, FMCSA announced the renewal of the Flatbed Carrier Safety Group’s (FCSG) exemption that allows the securement of metal coils on a flatbed vehicle, in a sided vehicle or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. The exemption is now effective April 13, 2022-April 13, 2027. Comments are due by May 26.

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