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Regulatory Update – Nov. 12, 2021

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On Nov. 10, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Publishes Final Rule Amending Rear Impact Guard FMCSRs
On Nov. 9, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule amending the Federal Motor Carrier Safety Regulations (FMCSR) related to rear impact guards. The final rule adds rear impact guards to the minimum periodic inspection standards in Appendix G, updates the labeling requirements and excludes road construction controlled horizontal discharge trailers from the rear impact guard requirements. The final rule does not address CVSA’s March 12, 2019, petition requesting that the agency remove the rear impact guard labeling requirement in § 393.86(a)(6). CVSA had asked the agency to remove the requirement because motor carriers are unable to obtain new labels from manufacturers if the label wears off or the rear impact guard is repaired. The final rule is effective Dec. 9.

FMCSA Announces MCSAC Meeting
On Nov. 5, FMCSA announced a public meeting of the Motor Carrier Safety Advisory Committee (MCSAC). MCSAC will meet virtually Dec. 6-7. Meeting information and a live feed of the meeting will be available on FMCSA’s MCSAC webpage.

Update on Exemptions

FMCSA Grants ZF Group Windshield Mounting Exemption Request
On Nov. 8, FMCSA announced the approval of an exemption request from ZF Group’s Commercial Vehicle Control Systems Division, allowing its advanced driver assistance system camera to be mounted lower in the windshield on commercial motor vehicles than is currently permitted. The exemption is effective Nov. 8, 2021-Nov. 9, 2026.

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.