On Dec. 3, CVSA petitioned FMCSA to amend the Hazardous Materials Safety Permit regulations to update the incorporation by reference of “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to reflect the newest edition, which will be effective April 1, 2025.
Letters, Petitions and Comments
Petition to Update Operational Policy 4 Incorporation by Reference
On Dec. 3, CVSA petitioned FMCSA to amend the incorporation by reference of CVSA’s “Operational Policy 4: Inspector Training and Certification” to reflect the newest edition, which was revised on Sept. 12.
CVSA Resubmits Petition to Amend Title 49 CFR § 392.60
On Nov. 8, CVSA resubmitted an updated petition FMCSA to amend Title 49 Code of Federal Regulations (CFR) § 392.60 to require written or electronic documentation of authorization for passenger(s) in a CMV.
CVSA Submits Comments on the Review of Existing Guidance Documents
On Sept. 26, CVSA submitted comments in response to the notice of review of guidance from FMCSA regarding the agency’s regular review of existing guidance documents.
FMCSA Responds to CVSA Letter Requesting Clarification on Agricultural Operations Exemption for HOS
On Sept. 4, FMCSA responded to CVSA’s letter requesting clarification on the enforcement of the hours-of-service (HOS) regulations for drivers operating under the agricultural operations exemption in § 395.1(k).
FMCSA Denies CVSA’s Petition to Remove the Rear Impact Guard Labeling Requirement
On Sept. 4, FMCSA denied CVSA’s petition for rulemaking requesting that the FMCSA amend § 393.86(a)(6) to remove the rear impact guard labeling requirement.
FMCSA Grants CVSA’s Petition Related to Cargo Securement
On Sept. 4, FMCSA granted CVSA’s petition for rulemaking requesting that the agency consider amending § 393.102 and § 393.106 to make the cargo securement requirements clearer, more enforceable and compatible with the Canadian National Safety Code.
FMCSA Grants CVSA’s Petition to Update Part 393
On Sept. 4, FMCSA granted CVSA’s updated petition for rulemaking to amend Part 393 to specifically identify unsafe vehicle conditions currently documented during roadside inspections under the “catch-all” provision in § 396.3(a)(1).
FMCSA Grants CVSA’s Petition to Remove Requirement for the Return of Inspection Reports
On Sept. 3, FMCSA granted CVSA’s petition for rulemaking requesting that the agency consider amending § 396.9(d) to remove the requirement that motor carriers return inspection reports to issuing jurisdictions.
CVSA Requests Extension to Comment Period for FMCSA’s Notice of Review of Guidance
On Aug. 26, CVSA requested a 60-day extension to the comment period for the notice of review of guidance from FMCSA regarding the agency’s regular review of existing guidance documents.
CVSA Sends Letter to FMCSA on Intrastate Motor Carriers Operating in Interstate Commerce
On July 30, CVSA sent a letter to FMCSA requesting formal guidance regarding appropriate enforcement action and documentation when a motor carrier is registered with FMCSA as an intrastate carrier but found to be operating interstate movements.
CVSA Sends Letter Requesting Clarification on Agricultural Operations Exemption for Hours of Service
On July 11, CVSA requested that FMCSA provide clarification regarding the enforcement of the HOS regulations while drivers are operating under the agricultural operations exemption in § 395.1(k).
CVSA Sends Letter to FMCSA on Beyond Compliance Pilot Program and Framework
On June 10, CVSA sent a letter to FMCSA on the creation of a Beyond Compliance pilot program and framework.
CVSA Petitions FMCSA to Remove Requirement for the Return of Inspection Reports
On April 2, CVSA petitioned FMCSA to amend Title 49 CFR § 396.9(d)(3) to remove the requirement that motor carriers return inspection reports to the issuing agency certifying that all violations noted on the inspection report have been corrected.
Petition to Update Level VI Out-of-Service Criteria Incorporation by Reference
On Dec. 4, CVSA petitioned FMCSA to amend the Hazardous Materials Safety Permit regulations to update the incorporation by reference of the “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403” to reflect the newest edition, which will be effective April 1, 2024.
Petition to Update Operational Policy 4 Incorporation by Reference
On Dec. 4, CVSA petitioned FMCSA to amend the incorporation by reference of CVSA’s “Operational Policy 4: Inspector Training and Certification” to reflect the newest edition, which was revised on Sept. 21.
CVSA Submits Comments on ANPRM Modernizing the HMR
On Nov. 29, CVSA submitted comments in response to the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) advance notice of proposed rulemaking (ANPRM) seeking stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations (HMR) and improve efficiencies, while maintaining or improving a current high level of safety.
CVSA Submits Comments on SFD ANPRM
On Nov. 27, CVSA submitted comments in response to FMCSA’s ANPRM regarding the agency’s interest in developing a new methodology to determine when a motor carrier is not fit to operate commercial motor vehicles in or affecting interstate commerce.
CVSA Submits Comments on Proposed Federal Appeals Process for RDRs
On Nov. 13, CVSA submitted comments in response to FMCSA’s notice and request for comments regarding the agency’s proposal to develop and implement a federal appeals process for Requests for Data Review (RDRs) submitted to the agency through the DataQs system.
CVSA Submits Petition for Reconsideration to FMCSA Regarding Emergency Exemption Final Rule
On Nov. 2, CVSA submitted a petition for reconsideration regarding FMCSA’s recent final rule on the applicability of emergency exemptions.