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Regulatory Update – March 4, 2022

Update on Relevant Mexican Regulations

SICT Publishes Trailer Safety Specifications Standard
On March 1, the Ministry of Infrastructure, Communications and Transportation (SICT) published Mexican Official Standard NOM-035-SCT-2-2022 establishing the minimum safe operating specifications and testing methods for new or used trailers and semitrailers with a gross vehicle weight rating (GVWR) of 30,865 lbs (14,000 kg) and converters with a GVWR of 19,842 lbs (9,000 kg) while in Mexico. The standard applies to manufacturers and importers. This standard is effective April 30.

SICT Publishes Hazardous Materials in Excepted Quantities Standard
On Feb. 28, the SICT published Mexican Official Standard NOM-011-1-SCT-2-2022 on the transportation specifications of hazardous materials packed/packaged in excepted quantities and/or consumer commodity products. This standard aims to adopt international guidelines to satisfy the domestic industry need for transporting these types of products under a framework in compliance with United Nations Model Regulations. This standard is effective April 29.

Update on Relevant U.S. Regulations

PHMSA Announces Public Meetings on International Standards on the Transport of Dangerous Goods
On March 3, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published notice of three public meetings to solicit input in advance of several international meetings of the United Nations
Sub-Committee of Experts on the Transport of Dangerous Goods and the International Civil
Aviation Organization’s Dangerous Goods Panel. PHMSA’s public meeting dates have not yet been announced.

FMCSA Publishes ELD Vendor Registration ICR
On March 3, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on the renewal of an information collection request (ICR) for electronic logging device (ELD) vendor registration. The agency uses the ICR to collect the necessary information to determine if ELDs meet the minimum standards. Comments are due by April 4.

U.S. DOT Publishes Oral Fluid Drug-Testing NPRM
On Feb. 28, the U.S. Department of Transportation (DOT) published a notice and request for comments on a notice of proposed rulemaking (NPRM) to amend the procedures for transportation workplace drug and alcohol testing programs to allow employers the option of using oral fluid testing in place of urinalysis. The NPRM would apply to the related requirements for motor carriers outlined in the Federal Motor Carrier Safety Regulations. Comments are due by March 30.

FMCSA Revises Accident Reporting Guidance on Medical Treatment
On Feb. 25, FMCSA published a notice of revised regulatory guidance on the use of the term “medical treatment” in accident reporting. The revised guidance states that x-ray examination is a diagnostic tool and should no longer be considered “medical treatment” when determining whether a crash should be included on a motor carriers’ accident register. The guidance is effective Feb. 25, 2022-Feb. 25, 2027.

FMCSA Publishes National Consumer Complaint Database ICR
On Feb. 23, FMCSA published a notice and request for comments on an ICR needed to collect feedback for the National Consumer Complaint Database, an online interface allowing consumers, drivers and others to file complaints against unsafe and unscrupulous motor carriers and/or their employees, shippers, receivers, and transportation intermediaries. Comments are due by March 25.

FMCSA Publishes Financial Responsibility ICR
Also on Feb. 23, FMCSA published a notice and request for comments on the renewal of an ICR necessary for motor carriers, freight forwarders and brokers to submit the information necessary to meet the financial responsibility filing requirements. Comments are due by March 25.

Update on Exemptions

FMCSA Grants AAMVA CDL Skills Testing Exemption Application
On March 1, FMCSA announced the approval of an exemption request from the American Association of Motor Vehicle Administrators (AAMVA) to allow Maryland, New Hampshire and Virginia to continue using revised CDL pre-trip vehicle inspections and revised control skills test procedures. The exemption allows these states to continue to use these programs after field tests currently being conducted as part of a pilot program have been completed. The exemption is effective Feb. 22, 2022-Feb. 22, 2027.

FMCSA Denies MBR Helicopter Hours-of-Service Exemption Request
On Feb. 28, FMCSA announced the denial of an exemption request from Mountain Blade Runner (MBR) Helicopter LLC asking that ground support equipment operators be permitted to operate during a 16-hour on-duty window instead of 14 and only be required to take eight consecutive hours off duty instead of the required 10. CVSA submitted comments opposing this exemption request on Jan. 15, 2021.

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.