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Regulatory Update – October 28, 2022

Update on Relevant U.S. Regulations

UCR Plan Board Announces Audit Subcommittee Meeting
On Oct. 28, the Unified Carrier Registration (UCR) Plan Board of Directors announced a meeting of the Audit Subcommittee. The meeting is scheduled for Nov. 3 and is open to the public.

FMCSA Announces Women of Trucking Advisory Board Meeting
On Oct. 26, the Federal Motor Carrier Safety Administration (FMCSA) announced a meeting of the Women of Trucking Advisory Board. The meeting, which will be held virtually, is scheduled for Nov. 9 and is open to the public.

UCR Plan Board Requests Nominations
On Oct. 25, the UCR Plan Board of Directors published a notice requesting nominations of qualified individuals from FMCSA’s western service area for appointment by FMCSA to the UCR Plan Board of Directors to fill one vacancy for a term, which expires on May 31, 2023. Nominations are due by Nov. 15.

FMCSA Requests Comments on CMV Marking ICR
On Oct. 20, FMCSA published a notice and request for comments on an information collection request (ICR) related to commercial motor vehicle (CMV) marking requirements. The ICR will enable FMCSA to document the burden associated with the marking regulations, “Marking of Self-Propelled CMVs and Intermodal Equipment.” These regulations require marking of CMVs and intermodal equipment by motor carriers, freight forwarders and intermodal equipment providers engaging in interstate transportation and motor carriers that transport hazardous materials in intrastate transportation. Comments are due by Nov. 21.

PHMSA Publishes Updates on Special Permits
On June 26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

Update on Exemptions

FMCSA Grants School Bus CDL Exemption
On Oct. 27, FMCSA published a notice granting an exemption requested by the National School Transportation Association (NSTA) for commercial driver’s license (CDL) applicants seeking a school bus endorsement from the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known as the “under-the-hood” testing requirement. Drivers issued a CDL pursuant to the requested exemption would be restricted to the intrastate operation of school buses only. FMCSA also granted an exemption from the requirement that states administer this portion of the pre-trip vehicle inspection test in accordance with an FMCSA pre-approved examiner information manual. The exemption is effective Nov. 27, 2022-Nov. 27, 2024.

FMCSA Renews Yard-Move ELD Exemption
On Oct. 26, FMCSA published a notice and request for comments announcing the provisional renewal of a yard-move exemption. The exemption, which applies to all qualified motor carriers, is for a limited five-year exemption from certain requirements under the electronic logging device (ELD) rule. The exemptions allow (1) all motor carriers and drivers that use portable, driver-based ELDs to record engine data only when the driver is in a commercial motor vehicle and the engine is powered, and (2) all motor carriers to configure an ELD with a yard-move mode that does not require a driver to re-input yard-move status every time the tractor is powered off. The exemption is effective Oct. 21, 2022-Oct. 21, 2027. Comments are due by Nov. 25.

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

CVSA Submits Comments Opposing NPGA HOS Exemption Request
On Oct. 27, CVSA submitted comments to FMCSA in opposition to the National Propane Gas Association’s (NPGA) request for an exemption from several hours-of-service (HOS) regulations. NPGA is seeking relief from several HOS provisions in order to meet peak demand in certain scenarios. While CVSA opposes the exemption request, the Alliance does recognize the need to ensure that home-heating fuels are available to homes and businesses and suggests FMCSA find a more targeted solution to the challenges raised by NPGA.

CVSA Submits Comments to PHMSA Request for Information on Electronic Hazard Communication Alternatives
On Oct. 17, CVSA submitted comments to PHMSA in response to its request for information regarding the potential use of electronic communication as an alternative to current, physical documentation requirements for hazard communication. CVSA responded to the various questions posed by PHMSA in the request for information.