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Regulatory Update – December 27, 2022

Update on Relevant U.S. Regulations

FMCSA Updates CVSA Level VI OOSC Incorporation by Reference
On Dec. 22, FMCSA  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, 2022, version of the Level VI Out-of-Service Criteria (OOSC). The final rule is effective Jan. 23, 2023.

FMCSA Requests Comments on ICR Regarding URS
On Dec. 16, FMCSA  a notice and request for comments on the agency’s intent to request a renewal of an information collection request (ICR) titled “Unified Registration System, FMCSA Registration/Updates.” This ICR applies to new registrants seeking initial operating authority from FMCSA. New registrants seeking operating authority must use online Form MCSA–1, accessible via the Unified Registration System (URS). Comments are due by Feb. 14, 2023.

Update on Exemptions

FMCSA Denies Trucking Alliance Hair Testing Exemption Request
On Dec. 23, FMCSA  a notice denying a petition from the Trucking Alliance seeking an exemption for its motor carrier members to amend the definition of actual knowledge to include the employer’s knowledge of a driver’s positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse and to inquiring carriers. FMCSA notes that the agency lacks the statutory authority to grant the request.

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.