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Regulatory Update – Jan. 8, 2021

Update on Relevant U.S. Regulations

FMCSA Publishes Proposed Regulatory Guidance on Yard Moves
On Jan. 4, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on proposed regulatory guidance on yard moves. The guidance defines what qualifies as a yard move and clarifies that yard moves are considered on-duty not driving time. Comments are due by Feb. 3.

NHTSA Requests Comments on Speeding Survey ICR
On Dec. 31, 2020, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on an information collection request (ICR) on speeding attitudes and behavior. NHTSA is seeking approval to conduct a national survey on the extent to which drivers speed, reasons and motivations for speeding, perceptions of speed, and knowledge and attitudes toward countermeasure strategies to deter speeding. Comments are due by Feb. 1.

FMCSA Publishes Final Rule Amending Regulations on its Rulemakings and Petitions Process
On Dec. 31, 2020, FMCSA published a final rule amending the agency’s rulemaking procedures by updating the process for preparing and adopting rules and petitions, adopting new definitions, and making administrative corrections. Many of the changes were mandated by the Fixing America’s Surface Transportation (FAST) Act. The final rule is effective March 1. Petitions for reconsideration must be submitted by Feb. 1.

FMCSA Publishes Motor Carrier Operating Authority ICR
On Dec. 30, 2020, FMCSA published a notice and request for comments on the renewal of an ICR on motor carrier operating authority. The ICR allows the agency to collect the necessary information for motor carriers who are seeking additional authority and Mexico-domiciled carriers who wish to operate beyond the U.S.-Mexico border commercial zone. Comments are due by Jan. 29.

FMCSA Publishes Notice of Renewal of ICR to Conduct a Customer Satisfaction Survey
Also on Dec. 30, 2020, FMCSA published a request for renewal of an ICR on customer satisfaction of the agency. Comments are due by March 1.

FMCSA Publishes NPRM on Rear Impact Guards
On Dec. 29, 2020, FMCSA published a notice of proposed rulemaking (NPRM) on rear impact guards. The NPRM proposes amending the Federal Motor Carrier Safety Regulations to include rear impact guards in the minimum periodic inspection standards in Appendix G, update the labeling requirements and to exclude road construction controlled horizontal discharge trailers from the rear impact guard requirements. If finalized, this NPRM would address CVSA’s Aug. 27, 2018, petition asking FMCSA to add rear impact guards to Appendix G. Comments are due by March 1.

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.