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Regulatory Update – August 5, 2022

Update on Relevant U.S. Regulations

U.S. DOT Seeks Comments on Electronic Signatures, Forms and Data for Drug and Alcohol Testing
On Aug. 5, the U.S. Department of Transportation (DOT) published an advance notice of proposed rulemaking requesting comments on how the agency’s regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry could be amended to allow electronic signatures on documents required to be created and utilized under the regulations, to be able to use electronic versions of forms, and to electronically store forms and data. Comments are due by Oct. 4.

FMCSA to Hold UCR Board Meeting
On Aug. 5, the Federal Motor Carrier Safety Administration (FMCSA) announced a meeting of the Unified Carrier Registration (UCR) Plan Board to continue its work in developing and implementing the UCR Plan and Agreement. The meeting is scheduled for Aug. 11.

FMCSA Requests Comments on CMV Marking Requirements ICR
On July 27, FMCSA published a notice and request for comments on the agency’s plan to submit an information collection request (ICR) that will enable the agency to document the burden associated with the “Marking of Self-Propelled CMVs and Intermodal Equipment” regulations. Comments are due by Sept. 26.

PHMSA Publishes International Harmonization Standards Final Rule
On July 26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Additionally, PHMSA is amending the Hazardous Materials Regulations (HMR) to allow for better alignment with Transport Canada’s Transportation of Dangerous Goods Regulations. PHMSA is also withdrawing the unpublished Oct. 1, 2020, Notice of Enforcement Policy Regarding International Standards on use of select updated international standards in complying with the HMR during the pendency of this rulemaking. The final rule is effective on Aug. 25. The voluntary compliance date was Jan. 1, 2021. The delayed compliance date is July 26, 2023.

Update on Exemptions

Daimler Coaches North America Seeking Windshield Mount Exemption
On Aug. 5, FMCSA published a notice and request for comments on an application for exemption from Daimler Coaches North America LLC to allow its driver-assistance camera technology to be mounted higher in the lower area of the windshield on commercial motor vehicles (CMVs) than is currently permitted. Comments are due by Sept. 6.

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.

Other Items of Interest

FMCSA Announces Safe Driver Apprenticeship Pilot Program Application Portal
On July 26, FMCSA opened the Safe Driver Apprenticeship Pilot Program application portal to help individuals ages 18-20 explore interstate trucking careers and help trucking companies hire and train new drivers. The program allows certain 18- to 20-year-old drivers to operate a CMV in interstate commerce.