Regulatory Update – September 1, 2023

Update on Relevant U.S. Regulations

FMCSA Corrects Comment Deadline for “Truck and Bus Maintenance Requirements” ICR
On Sept. 1, the Federal Motor Carrier Safety Administration (FMCSA)  the comment deadline for the Aug. 24 notice on the “Truck and Bus Maintenance Requirements and Their Impact on Safety” information collection request (ICR). Comments are now due by Oct. 23.

NHTSA Requests Comments on Prosecution of DUID Cases ICR
On Aug. 30, the National Highway Traffic Safety Administration (NHTSA)  public comments on an ICR regarding prosecution of driving-under-the-influence-of-drugs (DUID) cases. Comments are due by Oct. 30.

FMCSA Publishes Safety Fitness Determination ANPRM
On Aug. 29, FMCSA  comments on their advanced notice of proposed rulemaking (ANPRM) on revising the regulations prescribing the safety fitness determination (SFD) process, the available scientific or technical information to analyze regulatory alternatives for determining the safety fitness of motor carriers, feedback on the agency’s current SFD regulations, the available data and costs for regulatory alternatives reasonably likely to be considered as part of this rulemaking, and responses to specific questions as part of the ANPRM. Comments are due by Oct. 30.

FMCSA Requests Comments on CDL Skills Test Exemption Application
On Aug. 25, FMCSA  comments on an application from the state of Hawaii to exempt specified portions of the commercial driver’s license (CDL) skills test for drivers on the islands of Lanai and Molokai, due to the lack of highway infrastructure to allow completion of the full skills test. Comments are due by Sept. 25.

NHTSA Requests Comments on Ricon and Navistar Petition of Inconsequential Noncompliance
On Aug. 25, NHTSA  comments on a petition of inconsequential noncompliance from Ricon Corporation (Ricon) and Navistar Inc. (Navistar), who determined that certain Ricon S-Series and K-Series platform lifts do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift Systems for Motor Vehicles, and that Navistar Inc. model year (MY) 2013-2022 IC buses do not comply with FMVSS No. 404, Platform Lift Installation in Motor Vehicles. Comments are due by Sept. 25.

FMCSA Requests Comments on “Impact of Driver Detention Time on Safety and Operations” ICR
On Aug. 24, FMCSA  comments on the ICR titled “Impact of Driver Detention Time on Safety and Operations.” This research study will collect data on commercial motor vehicle driver detention time representative of the major segments of the motor carrier industry, analyze that data to determine the frequency and severity of detention time, and assess the utility of existing intelligent transportation systems solutions to measure detention time. Comments are due by Oct. 23.

FMCSA Requests Comments on Renewal of “Request for Revocation of Authority Granted” ICR
On Aug. 24, FMCSA  comments on the renewal of the “Request for Revocation of Authority Granted” ICR. Comments are due by Sept. 25.

FMCSA Requests Comments on “Truck and Bus Maintenance Requirements and Their Impact on Safety” ICR
On Aug. 24, FMCSA  comments on the “Truck and Bus Maintenance Requirements and Their Impact on Safety” ICR, which will allow for a study that focuses on vehicle maintenance and aims to determine the impact of vehicle maintenance requirements on overall motor carrier safety. This information collection supports the U.S. Department of Transportation strategic goal of safety. Comments were originally due by Sept. 1, but the deadline has since been corrected to Oct. 23.

FMCSA Denies Mack Trucks Petition for Inconsequential Noncompliance
On Aug. 22, FMCSA  Mack Trucks Inc. (Mack Trucks) inconsequential noncompliance petition as it relates to motor vehicle safety dated Nov. 23, which determined that certain MY 2015-2023 Mack GU/GR Class 8 trucks and truck-tractors do not fully comply with FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment.

Update on Exemptions

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