Regulatory Update – Dec. 11, 2020

December 11, 2020

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On Dec. 9, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on Carrier Identification Preemption Request
On Dec. 4, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on a petition for determination of preemption from Nationwide Freight Systems Inc., Leader U.S. Messenger Inc. and Stott Contracting LLC. The petition requests that FMCSA determine that the federal regulations preempt requirements imposed by the Illinois Commerce Commission on carrier identification marks on commercial motor vehicles. Comments are due by Jan. 4, 2021.

NHTSA Requests Comments on ADS Safety Framework ANPRM
On Dec. 3, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an advance notice of proposed rulemaking (ANPRM) on the framework for automated driving system (ADS) safety. The goal of the framework is to define, assess and manage safety of ADS performance. Comments are due by Feb. 1, 2021.

Update on Exemptions

FMCSA Grants Grote Rear Lamp Exemption Request
On Dec. 7, 2020, FMCSA announced the approval of an exemption request from Grote Industries LLC, allowing motor carriers operating trailers and van body trucks to install amber brake-activated pulsating lamps on the rear of the vehicles. The exemption is effective Dec. 7, 2020-Dec. 2, 2025.

FMCSA Grants K & L Cargo Securement Exemption Request
Also on Dec. 7, 2020, FMCSA announced the approval of an exemption request from K & L Trucking Inc. to allow the company to secure large metal coils to its trailers using a cargo securement system that differs from that required by the Federal Motor Carrier Safety Regulations. The exemption is effective Dec. 4, 2020-Dec. 3, 2025.

FMCSA Requests Comments on Bendix Windshield Mounting Exemption Application
On Dec. 1, 2020, FMCSA published a notice and request for comments on an application from Bendix Commercial Vehicle Systems for exemption from the windshield mounting requirements. Bendix requests that its advanced vehicle safety systems be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Dec. 31.

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 Extends COVID-19 Emergency Declaration
On Dec. 1, 2020, FMCSA extended the emergency declaration exempting commercial motor vehicle drivers who are transporting supplies directly related to the COVID-19 pandemic from Title 49 Code of Federal Regulations Parts 390-399. The exemption specifically applies to drivers transporting livestock, livestock feed, vaccines and related medical supplies and equipment, supplies and equipment for community safety and sanitation, and paper products and supplies for restocking of grocery stores and distribution centers. The emergency declaration expires on Feb. 28, 2021.