Regulatory Update – January 20, 2023

Update on Relevant U.S. Regulations

NHTSA Requests Comments on Mack Trucks’ Inconsequential Noncompliance Petition
On Jan. 17, the National Highway Traffic Safety Administration (NHTSA)  a notice announcing receipt of and requesting comments on a petition for decision of inconsequential noncompliance from Mack Trucks Inc. regarding certain model year 2015-2023 Class 8 trucks that do not meet Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Comments are due by Feb. 16.

PHMSA Publishes Updates on Special Permits

On Jan. 13, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Implements National Registry Certification Requirements
On Jan. 11, the Federal Motor Carrier Safety Administration (FMCSA) a notice announcing implementation of the regulatory requirement that all medical examiners certified and listed on the agency’s National Registry of Certified Medical Examiners maintain their certification by completing refresher training four to five and nine to 10 years after certification. National Registry medical examiners must also pass a recertification test 10 years after certification. The five-year refresher training has been implemented and FMCSA is now proceeding with the 10-year training and testing. The announcement was effective Jan. 11.

Update on Exemptions

FMCSA Grants Railsback HazMat Safety Professionals ELDT Exemption Request
On Jan. 12, FMCSA a notice announcing the agency’s decision to grant an  from Rex Railsback, owner of Railsback HazMat Safety Professionals LLC, for an exemption from the theory instructor qualification requirements in the entry-level driver training (ELDT) regulations. Railsback is permitted to perform theory (i.e., classroom) training related to the transportation of hazardous materials for driver-trainees seeking to obtain a hazardous materials endorsement on their commercial driver’s license (CDL). The exemption excuses Railsback from the requirement that a driver training instructor must possess a CDL with all applicable endorsements to perform ELDT theory instruction and meet applicable state qualification requirements for commercial motor vehicle instructors. The exemption is effective Jan. 12, 2023-Jan. 12, 2028.

FMCSA Denies NGWA ELDT Exemption Request
Also on Jan. 12, FMCSA a notice denying an  from the National Ground Water Association (NGWA) from the ELDT regulations for individuals operating Class B groundwater well-drilling rigs.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at under the “Inspections” tab at the top of the page.