Regulatory Update – Oct. 1, 2021

Update on Relevant U.S. Regulations

FMCSA Renews MCSAC Charter
On Oct. 1, the Federal Motor Carrier Safety Administration (FMCSA) published a notice renewing the charter for the Motor Carrier Safety Advisory Committee (MCSAC). The committee provides FMCSA with advice and recommendations on motor carrier safety programs and regulations through a consensus process. This charter renewal took effect on Sept. 27 and will expire after two years.

NHTSA Publishes ADS Incident Reporting ICR
On Sept. 30, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on the renewal of an information collection request (ICR) that allows the agency to collect information on incidents related to automated driving systems (ADS) and Level 2 advanced driver assistance systems. Comments are due by Nov. 29.

FMCSA Publishes Financial Responsibility ICR
On Sept. 30, FMCSA published a notice and request for comments on the renewal of an ICR necessary for motor carriers, freight forwarders and brokers to submit the information necessary to meet the financial responsibility filing requirements. Comments are due by Nov. 29.

FMCSA Publishes Technical Correction to 49 CFR Part 371
On Sept. 27, FMCSA published a Code of Federal Regulations (CFR) correction that removes the word “paper” from the first sentence of section 371.111.

PHMSA Hosts Public Research, Development and Technology Forum
On Sept. 23, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public meeting hosted by the Office of Hazardous Materials Safety to review recently completed research projects, new project plans, and obtain stakeholder input on the direction of current and future research. The meeting will be held virtually Oct. 12-15.

Update on Exemptions

FMCSA Renews Cleveland-Cliffs Steel’s Exemption Request
On Sept. 30, FMCSA announced the renewal of Cleveland-Cliffs Steel LLC’s, formerly ArcelorMittal Indiana Harbor LLC, exemption from certain hours-of-service and cargo securement requirements. The exemption allows Cleveland-Cliffs’ employee-drivers with commercial driver’s licenses who transport steel coils between their production and shipping locations on public roads to work up to 16 hours per day and return to work with less than the mandatory 10 consecutive hours off duty. The exemption also allows the company to use coil carriers that do not meet the ‘‘heavy hauler trailer’’ definition, height of rear-side marker lights restrictions, tire loading restrictions or the coil securement requirements. The exemption is effective Sept. 23, 2021-Sept. 23, 2026. Comments are due by Nov. 1.

FMCSA Requests Comments on Keep Truckin Windshield Mounting Exemption Application
On Sept. 22, FMCSA published a notice and request for comments on an application from Keep Truckin Inc. for exemption from the windshield mounting requirements. Keep Truckin requests that its AI Dashcam system be permitted to be mounted lower in the windshield than is currently allowed. Comments are due by Oct. 22.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. The exemption tracker can be found at under the “Inspections” tab at the top of the page.