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Regulatory Update – Dec. 24, 2021

Update on Relevant U.S. Regulations

FMCSA Amends the Hazardous Materials Safety Permit Regulations to Update Incorporation by Reference of the CVSA Level VI OOSC
On Dec. 23, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule to amend the hazardous materials safety permit regulations to update the incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as Defined in 49 CFR Part 173.403.” The amendment would update the regulations to reference the April 1, 2021, version of the Level VI out-of-service criteria (OOSC). The final rule is effective Feb. 22, 2022.

FMCSA Requests Comments on Waiver and Exemption Requirements ICR
On Dec. 17, FMCSA published a notice and request for comments on an information collection request (ICR) for the reporting requirements for waivers and exemptions. The ICR needs to be approved by the Office of Management and Budget due to the number of exemption and waiver applications that FMCSA receives. Comments are due by Jan. 18, 2022.

FMCSA Requests Comments on Renewal of Motor Carrier Identification Report ICR
Also on Dec. 17, FMCSA published a notice and request for comments on the renewal of an ICR that allows them to collect information on the Motor Carrier Identification Report. The agency uses the report to identify regulated entities, prioritize the agency’s activities, aid in assessing safety outcomes and for statistical purposes. Comments are due by Feb. 15, 2022.

FMCSA Requests Comments on Emergency Approval of Revisions to the Crime Prevention for Truckers ICR
On Dec. 16, FMCSA published a notice and request for comments on the emergency approval of revisions to the crime prevention for truckers ICR. FMCSA will no longer provide financial incentives for participating in the survey and is making non-substantive changes to make the survey easier to complete and the data collected more useful. Comments are due by Dec. 23.

Update on Exemptions

FMCSA Requests Comments on Rosco Rear-Vision Mirrors Exemption Request
On Dec. 21, FMCSA published a notice and request for comments on an exemption request from Rosco Vision Inc. to allow motor carriers to operate commercial motor vehicles equipped with the company’s digital camera monitoring system instead of two rear-vision mirrors as required by the Federal Motor Carrier Safety Regulations. Comments are due by Jan. 20, 2022.

FMCSA Denies SBTC Exemption Request
On Dec. 16, FMCSA announced the denial of an exemption request from the Small Business in Transportation Coalition (SBTC) that would have exempt property brokers and freight forwarders from the $75,000 bond requirement. FMCSA denied the request because it does not meet the statutory factors for an exemption.

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 Submits Comments on U.S. DOT Draft Strategic Framework
On Dec. 21, CVSA submitted comments to the U.S. Department of Transportation (DOT) on the administration’s draft strategic plan framework. The U.S. DOT is developing a strategic plan for fiscal 2022-2026 and the framework provides a broad outline of what the administration hopes to accomplish. CVSA recommends that the U.S. DOT consider focusing on deploying safety technology, improving training, clarifying the regulatory framework, reducing exemptions from safety regulations and improving data quality to improve commercial motor vehicle safety.