Regulatory Update – March 3, 2023

Update on Relevant U.S. Regulations

FMCSA Requests Comments on LCV Driver Certification ICR
On March 3, the Federal Motor Carrier Safety Administration (FMCSA)  a notice and request for comments on the renewal of an information collection request (ICR) titled, “Training Certification for Drivers of Longer Combination Vehicles” OMB Control No. 2126–0026. This ICR relates to requirements for drivers to be certified to operate longer combination vehicles (LCVs) and associated recordkeeping requirements that motor carriers must satisfy before permitting their drivers to operate LCVs. Comments are due by April 3.

PHMSA Requests Comments on HMR Updates NPRM
Also on March 3, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a notice of proposed rulemaking (NPRM) recommending changes to the Hazardous Materials Regulations (HMR) to update, clarify, improve or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020, including but not limited to those addressing packaging, hazard communication and the incorporation by reference of certain documents. Comments are due by May 2.

NHTSA Extends MMUCC Sixth Edition Comment Period
On Feb. 28, the National Highway Traffic Safety Administration (NHTSA)  a notice extending the comment period regarding the agency’s  to the Draft Model Minimum Uniform Crash Criteria (MMUCC) Guideline, Sixth Edition. Comments are now due May 3.

FMCSA Requests Comments on CDL Third Party Testing and Knowledge and Skills Tests ICR
On Feb. 21, FMCSA  a notice and request for comments on an ICR related to the collection of information to determine the effectiveness of (a) third party testing programs as they relate to commercial driver’s license (CDL) skills and knowledge tests and (b) minimum testing standards for CDL skills and knowledge tests. Comments are due by March 23.

Update on Exemptions

FMCSA Requests Comments on Waymo/Aurora Warning Devices Exemption Request
On March 3, FMCSA  a notice requesting comments on a joint exemption request from Waymo and Aurora Operations for a five-year exemption from the required placement of warning devices around stopped commercial motor vehicles, the requirement that lamps for warning devices be steady-burning and the utilization of a warning device for stopped vehicles not currently allowed by agency rules. Comments are due by April 3.

FMCSA Requests Comments on Pitt Ohio SDAP Exemption Request
On Feb. 23, FMCSA  a notice requesting comment on an exemption request from Pitt Ohio Express (Pitt Ohio) to exempt its drivers from one of the requirements in the agency’s Safe Driver Apprenticeship Pilot (SDAP) program. Pitt Ohio is requesting to use drivers under the age 21 that have a commercial learner’s permit (CLP) to operate commercial motor vehicles in interstate commerce to participate in the SDAP program. Comments are due by March 27.

FMCSA Publishes Notice Denying Flat Top Transport HOS Exemption Request
On Feb. 22, FMCSA  a notice denying an hours-of-service (HOS) exemption request from Flat Top Transport. Flat Top Transport requested a four-month exemption for “immediate and emergency delivery of dry and bulk food grade products to locations that supply stores and distribution centers nationally.” CVSA filed  in September 2022 in opposition to the request.

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