Regulatory Update – March 5, 2021

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On March 5, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Extends Effective Date of Final Rule Amending Regulations on its Rulemakings and Petitions Process
On March 1, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a notice extending the effective date of the 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, originally published on Dec. 31, 2020. The final rule is now effective March 21.

Update on Exemptions

FMCSA Grants Wilson Logistics CDL Exemption Request
On Feb. 23, 2021, FMCSA announced the approval of an exemption request from Wilson Logistics, allowing its commercial learner’s permit (CLP) holders who have passed the commercial driver’s license (CDL) skills test but have not yet obtained the CDL document to operate a commercial motor vehicle without having a CDL holder in the passenger seat. The exemption is effective Feb. 23, 2021-Feb. 23, 2026

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on Rear Impact Guard NPRM
On March 1, 2021, CVSA submitted comments on FMCSA’s notice of proposed rulemaking (NPRM) on rear impact guard regulations. 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. CVSA’s comments support the inclusion of rear impact guards in Appendix G and encourage the agency to act on CVSA’s petition to remove the rear impact guard labeling requirements.

CVSA Submits Petition to Update the CVSA Level VI OOSC Incorporation by Reference
On Feb. 25, 2021, CVSA submitted a petition to FMCSA requesting the amendment of the hazardous materials safety permit regulations to update the incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria (OOSC) and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as Defined in 49 CFR Part 173.403” to reference the April 1, 2021, edition.