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Regulatory Update – November 28, 2022

Update on Relevant U.S. Regulations

PHMSA Publishes Updates on Special Permits
On Nov. 22, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on Interim Guidance on Definitions of Broker and Bona Fide Agents
On Nov. 16, the Federal Motor Carrier Safety Administration (FMCSA) published and requested comments on a notification of interim guidance regarding the definitions of ‘‘broker’’ and ‘‘bona fide agents’’ as it relates to all brokers of transportation by commercial motor vehicle. FMCSA is taking this action to better define the terms in response to a mandate in the Infrastructure Investment and Jobs Act (IIJA). The updated guidance was effective Nov. 16. Comments are due by Jan. 17, 2023.

FMCSA Published Clarifying Interpretive Rule Adding Appendices to the FMCSR
On Nov. 15, FMCSA published an interpretive rule adding appendices to the Federal Motor Carrier Safety Regulations (FMCSR) to explain existing statutes and regulations the agency administers related to: the applicability of the FMCSR, including the financial responsibility regulations, to motor carriers of passengers operating in interstate commerce, including limitations on such applicability based on characteristics of the vehicle operated or the scope of operations conducted; and the applicability of commercial operating authority registration based on the agency’s jurisdiction over motor carriers of passengers, regardless of vehicle characteristics, when operating for-hire in interstate commerce. Under certain conditions, motor carriers performing intrastate movements of passengers may still be operating in interstate commerce and, unless otherwise exempt, are subject to applicable FMCSA statutory and regulatory requirements. The interpretive rule was effective Nov. 15. Comments are due by Jan. 17, 2023.

FMCSA Confirms Withdrawal of State Passenger Carrier Vehicle Inspection Program ANPRM
Also on Nov. 15, FMCSA published a notice confirming the agency’s decision to withdraw its April 27, 2016, advance notice of proposed rulemaking (ANPRM) concerning the establishment of requirements for states to implement annual inspection programs for passenger-carrying commercial motor vehicles (CMV). The IIJA directed the agency to solicit additional feedback on the 2016 ANPRM. After reviewing the additional public comments received, FMCSA determined there is not enough data and information available to support moving forward with a rulemaking action.

Update on Exemptions

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 Submits Comments to Unique Electronic Identification of CMVs ANPRM
On Nov. 21, CVSA submitted comments in response to FMCSA’s ANPRM exploring whether the agency should amend the FMCSR to require every CMV operating in interstate commerce to be equipped with electronic identification technology capable of wirelessly communicating a unique identification number when queried by motor carrier safety enforcement personnel. The ANPRM is in response to CVSA’s universal electronic vehicle identifier petition. CVSA’s comments expressed strong support for the concept, encouraged the agency to distinguish between the universal electronic vehicle identifier concept and electronic inspection of CMVs, and provided feedback on a series of technical questions included in the ANPRM.

CVSA Submits Comments to Electronic Logging Devices ANPRM
On Nov. 14, CVSA submitted comments in response to FMCSA’s ANPRM regarding potential updates and changes to the electronic logging device regulations. In the comments, CVSA provided feedback on a series of technical questions included in the ANPRM.