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Regulatory Update – April 15, 2022

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On April 13, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

NHTSA Requests Comments on FARS ICR
On April 4, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request (ICR) on the collection of crash data. The ICR is necessary for NHTSA to collect crash data in the Fatality Analysis Reporting System (FARS). The collected data is used to inform decisions related to highway safety programs. Comments are due by June 3.

Update on Exemptions

NHTSA Requests Comments on DTNA Petition of Inconsequential Noncompliance
On April 15, NHTSA published a notice and request for comments on a petition of inconsequential noncompliance from Daimler Trucks North America (DTNA). DTNA determined that certain model year 2020-2022 Freightliner Cascadia and Western Star commercial motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. The windshields on effected commercial motor vehicles may not have luminous transmittance that meets the requirements in the FMVSS. Comments are due by May 16.

NHTSA Requests Comments on DTNA Petition of Inconsequential Noncompliance
On April 13, NHTSA published a notice and request for comments on a petition of inconsequential noncompliance from DTNA. DTNA determined that certain model year 2020-2021 Freightliner Cascadia commercial motor vehicles do not comply with FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment. The hazard warning signal in effected commercial motor vehicles does not meet the requirements in the FMVSS. Comments are due by May 13

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Signs Coalition Letter Encouraging Expanded Access to PSP
On April 5, CVSA joined seven other commercial motor vehicle stakeholders in sending a letter to congressional leadership encouraging changes to statutory language that would allow expanded voluntary access to FMCSA’s Pre-Employment Screening Program (PSP). The change would allow motor carriers to review driver safety records on an ongoing basis, not just during the hiring process, providing them with the latest safety data on their drivers.

Other Items of Interest

President Biden Nominates Robin Hutcheson for FMCSA Administrator
On April 6, President Biden nominated Robin Hutcheson for the role of FMCSA administrator. Hutcheson has been serving as deputy administrator and acting administrator of FMCSA since January and must be confirmed by the Senate before taking the role of administrator. Acting Administrator Hutcheson previously served as the deputy assistant secretary for safety policy at the U.S. Department of Transportation, where she led the development of the National Roadway Safety Strategy and aided in the development of the Infrastructure Investment and Jobs Act. Prior to that, she served as the director of public works for the city of Minneapolis and transportation director for Salt Lake City.