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Regulatory Update – September 30, 2022

Update on Relevant U.S. Regulations

FMCSA Publishes Technical Corrections Final Rule
On Sept. 29, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule making technical corrections to the Federal Motor Carrier Safety Regulations (FMCSRs) correcting inadvertent errors and omissions, removing and updating obsolete references, and improving the clarity and consistency of certain regulatory provisions, as well as updating the FMCSRs to align with the Infrastructure Improvement and Jobs Act. The final rule was effective Sept. 29.

FMCSA Seeks Comment on Universal Electronic ID Requirement ANPRM
On Sept. 23, FMCSA published an advance notice of proposed rulemaking (ANPRM) seeking comments on whether the agency should amend the FMCSRs to require every commercial motor vehicle operating in interstate commerce to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number when queried by federal or state motor carrier safety enforcement personnel. In response to a CVSA petition, FMCSA is considering such amendments to improve the efficiency and effectiveness of the roadside inspection program by more fully enabling enforcement agencies to focus their efforts on high-risk carriers and drivers. Comments are due by Nov. 22.

PHMSA Seeks Comments on HM Registration Fees ANPRM
On Sept. 22, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an ANPRM seeking comment on potential adjustments to the statutorily mandated hazardous materials (HM) registration and fee assessment program. Changes may be necessary to fund PHMSA’s grant programs at the newly authorized levels set by the Infrastructure Investment and Jobs Act of 2021. Comments are due by Dec. 21.

FMCSA Seeks Comments on ICRs
On Sept. 21, FMCSA published notices requesting comments on the agency’s intent to submit the following information collection requests (ICR):

  • ICR related to the effectiveness of (a) third-party testing programs as they relate to commercial driver’s license (CDL) skills and knowledge tests and (b) minimum testing standards for CDL skills and knowledge tests. Comments are due by Nov. 21.
  • ICR on human factors considerations in CMV automated driving systems. Comments are due by Nov. 21.

Update on Exemptions

FMCSA Requests Comments on NPGA HOS Exemption Request
On Sept. 30, FMCSA published a notice requesting comment on an exemption request from the National Propane Gas Association (NPGA) seeking exemption from various hours-of-service (HOS) regulations to enable the propane industry to prepare for and respond to peak periods of consumer demand among residential, agricultural and commercial consumers in anticipation of, during and to recover from emergency conditions. NPGA requests that the exemption apply on a per-driver, per-route basis and that each company that elects to utilize it must maintain appropriate documentation to demonstrate the presence of peak consumer demand conditions within the scope of the exemption. Comments are due by Oct. 31.

FMCSA Grants UPS CLP Exemption Request
On Sept. 28, FMCSA published a notice granting the United Parcel Service Inc.’s (UPS) request for an exemption that allows UPS to conduct behind-the-wheel training for commercial learner’s permit (CLP) holders in twin 28-foot trailers, rather than waiting to conduct the training after the individuals receive their Class A CDLs and pass the required knowledge test to obtain the double/triple trailer endorsement on their CDLs. The exemption is effective Sept. 28, 2022-Sept.28, 2027.

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.