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Regulatory Update – Feb. 4, 2022

Update on Relevant U.S. Regulations

FMCSA Publishes Update to CDL Third-Party Testers Guidance
On Feb. 3, the Federal Motor Carrier Safety Administration (FMCSA) published a notice amending regulatory guidance on third-party testers conducting knowledge tests for commercial driver’s licenses (CDL). The amended guidance clarifies that FMCSA’s current statutory authorities and regulations do not prohibit third-party testers from administering the commercial driver’s license knowledge tests for all classes and endorsements. The guidance is effective as of Feb. 3.

U.S. DOT Extends Comment Period on Research, Development and Technology Strategic Plan
On Feb. 1, the U.S. Department of Transportation (DOT) published a notice extending the comment period on its research, development and technology strategic plan for fiscal 2022-2026. The plan is intended to guide U.S. DOT’s research vision, strategic goals and priorities, and how research programs can advance transportation systems. The original notice was published on Dec. 30, 2021. Comments are now due by March 4.

U.S. DOT Publishes Semiannual Regulatory Agenda
On Jan. 31, U.S. DOT published its semiannual summary of current and projected rulemakings, existing regulations, and actions completed by each agency. The agenda also provides the public with information on planned activities.

NHTSA Publishes Investigation-Based Crash Data Studies ICR
On Jan. 26, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request (ICR) to allow the agency to collect data on motor vehicle traffic crashes. The agency uses the data to aid in identifying crash trends and developing highway safety countermeasures. Comments are due by Feb. 25.

FMCSA Publishes UCR Plan Fees NPRM
On Jan. 24, FMCSA published a notice and request for comments on a notice of proposed rulemaking (NPRM) to reduce the Unified Carrier Registration (UCR) Plan fees starting in registration year 2023. The reduction decreases annual registration fees collected from motor carriers, private motor carriers of property, brokers, freight forwarders and leasing companies. Comments are due by Feb. 23.

Update on Exemptions

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

Secretary Buttigieg Names Robin Hutcheson as FMCSA Acting Administrator
On Jan. 19, U.S. Transportation Secretary Pete Buttigieg announced that Robin Hutcheson would become the deputy administrator of FMCSA and serve as the acting administrator. Acting Administrator Hutcheson has been serving as the deputy assistant secretary for safety policy at U.S. DOT since January 2021. Prior to that role, she has served as the director of public works for the city of Minneapolis and transportation director for Salt Lake City.