Regulatory Update – May 10, 2024

Update on Relevant U.S. Regulations

PHMSA Requests Comments on Multiple Hazardous Materials ICR
On May 10, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  comments on multiple hazardous materials information collection requests (ICR), including the Flammable Cryogenic Liquids ICR, the Response Plans for Shipments of Oil ICR and the Requirements for United Nations Cylinders ICR. Comments are due by July 9.

UCR Announces Upcoming Industry Advisory Subcommittee Meeting
On May 10, the Unified Carrier Registration Plan (UCR)  a meeting of its Industry Advisory Subcommittee on May 15. Advanced  is required.

PHMSA Issues Correction to Harmonization with International Standards Final Rule
On May 9, PHMSA  a correction to the Harmonization with International Standards . The corrections address several errors to the hazardous material entries in the hazardous materials table. This correction is effective May 10.

FMCSA Requests Comments on VBC Petition for Inconsequential Noncompliance
On May 8, the Federal Motor Carrier Safety Administration (FMCSA)  comments on Volvo Bus Corporation’s (VBC) petition for inconsequential noncompliance and has determined that certain model year 2009-2023 Volvo 9700 buses do not fully comply with Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment. Comments are due by June 7.

FMCSA Requests Comments on Licensing Applications for Motor Carrier Operating Authority ICR
On May 7, FMCSA  comments on the Licensing Applications for Motor Carrier Operating Authority ICR. The ICR applies to: (1) existing registrants (i.e., entities that already have a USDOT number and/or operating authority) that are subject to FMCSA’s licensing, registration and certification regulations that wish to apply for additional authorities; and (2) Mexico-domiciled carriers that wish to operate beyond the U.S. municipalities on the U.S.-Mexico border and their commercial zones. Comments are due by June 6.

FMCSA Requests Comments on Motor Carrier Records Change Form ICR
On May 7, FMCSA  comments on the Motor Carrier Records Change Form ICR. The purpose of this ICR is to collect information required by the Office of Registration to process name changes, address changes and reinstatements of operating authority for motor carriers, freight forwarders and brokers. Comments are due by June 6.

FHWA and NHTSA Publish Joint Final Rule on Uniform Procedures for State Highway Safety Grant Programs
On May 6, the Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA)  a final rule amending the uniform procedures implementing the State Highway Safety Grant Program to waive, for fiscal 2025, the requirement targets for the common performance measures be identical to targets in the State Highway Safety Improvement Program. This final rule makes a corresponding change to a similar requirement in FHWA’s performance management regulation. This final rule is effective May 6.

NHTSA Requests Comments on Examining Distraction and Driver Monitoring Systems to Improve Driver Safety ICR
On May 6, NHTSA  comments on the Examining Distraction and Driver Monitoring Systems to Improve Driver Safety ICR, which is part of a study to improve NHTSA’s understanding of the differences in approaches to driver state detection and the potential safety impacts of driver monitoring systems. Comments are due by June 5.

FMCSA Requests Comments on Updating Level VI Out-of-Service Criteria Incorporation by Reference
On May 3, FMCSA  comments on the proposed amendments to the hazardous materials safety permit regulations to update the incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria 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 2024 edition. Comments are due by June 3.

FMCSA Announces Upcoming Registration Modernization Stakeholder Day
On May 1, FMCSA  a virtual Registration Modernization Stakeholder Day to engage stakeholders to hear more on their perspectives on improving the registration experience with FMCSA. The virtual public meeting will be held on May 29, and advanced  is required.

Update on Exemptions

FMCSA Grants Gemini’s Intellistop Module Exemption
On May 10, FMCSA  Gemini Motor Transport LP’s (Gemini) application for an exemption to allow it to operate commercial motor vehicles (CMV) equipped with a module manufactured by Intellistop Inc. (Intellistop), which is designed to pulse the required rear clearance, identification and brake lamps from a lower-level lighting intensity to a higher-level lighting intensity four times in two seconds when the brakes are applied and then return the lights to a steady-burning state while the brakes remain engaged. The agency has granted the exemption to Gemini, determining an individual and easily identifiable motor carrier operating a finite number of CMVs would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved by the regulation. This exemption is effective May 10, 2024, and ends May 12, 2029.

FMCSA Denies Pitt Ohio’s Exemption Request from SDAP Program Requirements
On May 9, FMCSA  the application from Pitt Ohio Express LLC (Pitt Ohio) to exempt its drivers from one of the requirements in the agency’s Safe Driver Apprenticeship Pilot (SDAP) program. Pitt Ohio requested an exemption allowing it to use drivers under age 21 holding a commercial learner’s permit and operating CMVs in interstate commerce to participate in the SDAP program. FMCSA analyzed the application and determined that there is insufficient basis to conclude that the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

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.