Regulatory Update – May 27, 2022

May 27, 2022

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On May 27, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Extends Comment Period on Speed Limiter ANSPRM
On May 27, the Federal Motor Carrier Safety Administration (FMCSA) published a notice extending the comment period on an advance notice of supplemental proposed rulemaking (ANSPRM) requesting input on speed-limiting devices. The original notice was published on May 4. Comments are now due by July 18.

FMCSA Requests Comments on ICR for Class I and Class II For-Hire Motor Carriers
On May 18, FMCSA published a notice and request for comments on an information collection request (ICR) for Class I and Class II motor carrier reporting. The notice seeks to renew an already approved ICR titled “Annual Report of Class I and Class II For-Hire Motor Carriers” which is used to ensure motor carriers comply with the agency’s financial and operating statistics requirements. Comments are due by June 17.

Update on Exemptions

FMCSA Renews RVIA CDL Exemption
On May 19, FMCSA announced its decision to renew an exemption from the requirement to have a commercial driver’s license (CDL) for the Recreational Vehicle Industry Association (RVIA). The exemption applies to drivers delivering motorhomes and recreational vehicles to dealers or trade shows. The exemption is effective April 6, 2022-April 6, 2027.

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.

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Requests Speed Limiter ANSPRM Comment Period Extension
On May 18, CVSA submitted a request to extend the comment period for FMCSA’s ANSPRM on speed-limiting devices by 30 days. In the request, CVSA outlines the need for more time to adequately gather input from stakeholders before submitting comments.

Other Items of Interest

FMCSA Issues National Baby Formula Shortage Emergency Declaration
On May 23, FMCSA announced an emergency declaration exempting commercial motor vehicle drivers who are transporting supplies directly related to the baby formula shortage from the hours-of-service requirements in 49 CFR § 395.3. The exemption specifically applies to drivers transporting baby formula, ingredients for the production of baby formula, including, but not limited to, whey, casein, corn syrup and hydrolyzed protein, and containers and packaging for baby formula. The emergency declaration expires on June 30.