Update on Relevant U.S. Regulations
FMCSA Issues Final Rule Making General Corrections and Amendments to the FMCSR
On Nov. 17, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule amending its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSR). The agency made minor changes to correct inadvertent errors and omissions, removed or updated obsolete references, and improved the clarity and consistency of certain regulatory provisions. Specifically, FMCSA responded to two CVSA petitions related to clarifying the definition of broadband/wireless services as a utility and clarifying the term of “valid commercial driver’s license” for the purposes of accompanying a commercial learner’s permit holder for behind-the-wheel training in a commercial motor vehicle. The final rule came into effect Nov. 17, except for amendatory instruction 88, which is effective Jan. 16, 2024.
FMCSA Publishes Final Rule on Broker Financial Responsibility
On Nov. 16, FMCSA published a final rule amending the regulations pertaining to financial responsibility requirements for brokers of property and freight forwarders in five separate areas, including assets “readily available,” immediate suspension of broker/freight forwarder operating authority, surety or trust responsibilities in cases of broker/freight forwarder financial failure or insolvency, enforcement authority, and entities eligible to provide trust funds for brokers and freight forwarders. This final rule is effective Jan. 16, 2024.
FMCSA Requests Comments on Renewed Vehicle Maintenance Requirements ICR
On Nov. 15, FMCSA requested comments on an information collection request (ICR) for its study of vehicle maintenance in order to determine the impact of vehicle maintenance requirements on overall motor carrier safety. Comments are due by Dec. 15.
PHMSA Publishes Updates on Special Permits
On Nov. 15, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:
- List of Applications for Special Permits – Comments are due by Dec. 15.
- List of Applications for Modification of Special Permits – Comments are due by Nov. 30.
- Notice of Actions on Special Permit Applications – Comments are due by Dec. 15.
FMCSA Grants Petitions for Reconsideration on “Bus Rollover Structural Integrity”
On Nov. 13, FMCSA granted parts of petitions for reconsideration of a Dec. 29, 2021, final rule that established Federal Motor Vehicle Safety Standard (FMVSS) No. 227, “Bus Rollover Structural Integrity.” This adjusted the definition of “transit bus” and revised the maximum allowable weight of objects intruding into the survival space during the rollover test. This final rule is effective Dec. 30, 2024.
Update on Exemptions
FMCSA Requests Comments on Reiman Corp. HOS Exemption Application
On Nov. 16, FMCSA requested comments on an application for exemption from certain hours-of-service (HOS) regulations from Reiman Corp. Reiman Corp. requests that it be allowed to operate under the same HOS exception provided for “specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells.” Comments are due by Dec. 18.
FMCSA Requests Comments on Safe Fleet “MirrorLESS” Camera Monitor System
On Nov. 16, FMCSA requested comments on an application for exemption from Safe Fleet Bus and Rail (Safe Fleet) to allow motor carriers to operate commercial motor vehicles equipped with Safe Fleet’s “MirrorLESS” camera monitor system installed as an alternative to the two rear-vision mirrors required by the FMCSRs. Comments are due by Dec. 18.
FMCSA Requests Comments on Clym Environmental Services LLC HOS Exemption Application
On Nov. 15, FMCSA requested comments on an application for exemption from the HOS regulations from Clym Environmental Services LLC (Clym). Clym is seeking an exemption to allow its drivers up to 14 hours of drive time within the work shift or, alternatively, up to 12 hours. Clym indicates that, due to the nature of its operations, complying with the 11-hour driving time limit in the HOS regulations places a strain on the company’s drivers and its overall operating costs. Clym asserts that the exemption would allow additional flexibility while maintaining an equivalent level of safety. Comments are due by Dec. 15.
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.