Regulatory Update – August 1, 2025

August 1, 2025

Update on Relevant U.S. Regulations

NHTSA Requests Comments on PACCAR Petition for Decision of Inconsequential Noncompliance
On July 28, the National Highway Traffic Safety Administration (NHTSA)  comments on a petition for decision of inconsequential noncompliance from PACCAR Inc. (PACCAR) who has determined that certain model year 2022-2025 Peterbilt and Kenworth trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Comments are due by Aug. 27.

FMCSA Requests Comments on Annual Report of Class I and Class II For-Hire Motor Carriers ICR
On July 28, the Federal Motor Carrier Safety Administration (FMCSA)  comments on the Annual Report of Class I and Class II For-Hire Motor Carriers information collection request (ICR). Comments are due by Sept. 26.

FMCSA and NHTSA Withdraw Speed Limiting Devices NPRM
On July 24, FMCSA and NHTSA  the joint notice of proposed rulemaking (NPRM) that proposed to require heavy vehicles (vehicles with a gross vehicle weight rating of more than 11,793 kilograms (26,000 pounds)) to be equipped with a speed limiting device that is maintained at a set speed.

NHTSA Requests Comments on Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR
On July 22, NHTSA  comments on the Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR related to the labeling requirement for retroreflective sheeting material. Comments are due by Sept. 22.

U.S. DOT Requests Information on Surface Transportation Reauthorization
On July 21, the U.S. Department of Transportation (DOT)  information on proposals for consideration in advance of the next surface transportation reauthorization legislation. Comments are due by Aug. 20.

PHMSA Releases Interpretation Related to IBCs
On July 15, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a clarification to the Hazardous Materials Regulations (HMR) in response to multiple questions on provisions applicable to intermediate bulk containers (IBC). Specifically, the request asked about the use of out-of-test IBCs under DOT special permit 12412, draining or disconnecting hoses after unloading hazardous materials and before re-entering transportation, and the incomplete or lack of shipping records. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Markings on UN Specification Non-Bulk Performance-Oriented Packagings
On July 15, PHMSA  a clarification to the HMR in response to a question on markings on United Nations (UN) specification non-bulk performance-oriented packagings. Specifically, the requester asked if a single UN symbol should be used to meet the requirements in Title 49 Code of Federal Regulations § 178.503(a)(1) when multiple markings are included on a packaging. PHMSA shared that the HMR specifically states if more than one marking appears on a packaging, each marking must appear in its entirety and that each marking string must include its own UN symbol or the letters “UN” as part of the marking string.

PHMSA Releases Interpretation Related to Marking of Refillable UN Pressure Receptacles
On July 10, PHMSA  a clarification to the HMR in response to multiple questions on the marking of refillable UN pressure receptacles in accordance with § 178.71(q) of the HMR. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to CTMVs
On July 2, PHMSA  a clarification to the HMR in response to multiple questions on cargo tank motor vehicles (CTMV). Specifically, the request asked about the use of an engineered copolymer as the material of construction for certain parts of a CTMV. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to the Hazardous Materials Endorsement for CDL
On June 27, PHMSA  a clarification to the HMR in response to a question on the hazardous materials endorsement on a commercial driver’s license (CDL) and other transportation requirements. Specifically, the request is related to the transportation of the containerized vehicles in a scenario in which the requester’s company transports shipping containers that each have one to three electric or hybrid vehicles from ports to customer locations and back to the ports. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to the Transportation of Lithium-Ion Cells and Batteries
On June 26, PHMSA  a clarification to the HMR in response to multiple questions on the transportation of lithium-ion cells and batteries. Specifically, the request asked about the use of firmware to limit the nominal energy expressed as the watt-hour rating of a lithium-ion cell or battery contained in equipment. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Reclassification of a Flammable Liquid to a Combustible Liquid
On June 5, PHMSA  a clarification to the HMR in response to multiple questions on reclassifying a flammable liquid to a combustible liquid. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Shipping Papers
On June 3, PHMSA  a clarification to the HMR in response to a question related to the display of the emergency response telephone number on shipping papers. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Marking and Label Visibility Requirements
On May 12, PHMSA  a clarification to the HMR in response to multiple questions about marking and label visibility requirements as it relates to § 172.304(a)(3) and § 172.406(f), respectively. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Shipment of Equipment Using Solar, Battery and Fuel Cell Technology
On May 9, PHMSA  a clarification to the HMR in response to a question on the shipment of equipment using solar, battery and fuel cell technology. As part of an answer to a specific scenario, PHMSA shared that according to § 173.22, it is the shipper’s responsibility to properly classify and describe a hazardous material.

PHMSA Releases Interpretation Related to Definition of ‘Closed Bulk Bin’
On May 7, PHMSA  a clarification to the HMR in response to a question on the definition of “closed bulk bin” in § 173.240(c). Specifically, the request asked about whether a non-UN-rated large containment packaging, which meets the general design requirements of § 173.410 for Class 7 material packaging as referenced in the certificate provided by the packaging supplier, qualifies as a closed bulk bin to be used as an outer packaging for low-hazard Class 9 materials. PHMSA shared that the HMR provides no definition for closed bulk bins, but prior letters of interpretation have provided definitions for closed bulk bins.

PHMSA Releases Interpretation Related to UN Identification Number Markings
On April 23, PHMSA  a clarification to the HMR in response to a question on UN identification number marking in accordance with Special Provision 389 for a shipment of “UN3536, Lithium Batteries installed in cargo transport unit lithium-ion batteries or lithium metal batteries, 9.” PHMSA shared answers to two specific scenarios in the interpretation.

PHMSA Releases Interpretation Related to Explosives Packaging Requirements
On April 2, PHMSA  a clarification to the HMR in response to a question on explosives packaging requirements, specifically related to packaging prescribed under an explosives approval. PHMSA shared that a new explosive is an explosive produced by a person who has not previously produced that explosive or has made a change in the formulation, design or process to alter any of the properties of the explosive.

PHMSA Requests Comments on Pending Letters of Interpretation
PHMSA  a process to submit comments on pending interpretation letters that are under review by the Office of Hazardous Materials Safety. Comment submissions will be accepted for 30 days after the pending interpretation letter is posted.

Update on Exemptions

NHTSA Requests Comments on Exemption from FMVSS No. 208, Occupant Crash Protection
On July 30, NHTSA  comments on an application for temporary exemption from the requirement to install Type 2 seat belts at side-facing locations from Nix Coach Interiors LLC. The exemption would allow them to install Type 1 seat belts (lap belt only) at side-facing seating positions, instead of Type 2 seat belts (lap and shoulder belts) required by FMVSS No. 208, Occupant Crash Protection. Comments are due by Sept. 29.

FMCSA Extends Comment Period for NPGA HOS Exemption Application
On July 28, FMCSA  the comment period for the  requesting public comment on the application from the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements. Comments are now due by Aug. 15.

FMCSA Denies Bianco Exemption Application
On July 28, FMCSA  its decision to deny the application from Bianco Trucking Services LLC (Bianco) for an exemption to allow students between the ages of 18 and 20 holding a “K” restricted commercial learners permit (CLP) issued by another state to attend its driver training facility in Michigan.

FMCSA Renews R.J. Corman, Cranemasters and NRC HOS Exemption
On July 24, FMCSA  its decision to renew the exemption requested by R.J. Corman Railroad Services (R.J. Corman), Cranemasters Inc. (Cranemasters), and the National Railroad Construction and Maintenance Association Inc. (NRC) from the prohibition against driving a property-carrying CMV beyond the 14th hour after coming on duty and driving after accumulating 60 hours of on-duty time in seven consecutive days, or 70 hours of on-duty time in eight consecutive days. The exemption renewal is applicable to employees of R.J. Corman and Cranemasters operating CMVs in response to unplanned events that occur outside of or extend beyond the subject employees’ normal work hours. The renewed exemption is effective March 4, 2025, through March 4, 2030.

FMCSA Grants Waiver Allowing Paper Copies of Medical Examiner’s Certificate
On July 14, FMCSA  a  allowing interstate CDL holders, CLP holders and motor carriers to continue relying on paper copies of medical examiner’s certificates as proof of drivers’ medical certification for up to 15 days after the date the medical examiner’s certificate is issued. The waiver is in effect until Oct. 12.

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.

Other Items of Interest

FMCSA Removes Two Devices from List of Registered ELDs
On July 31, FMCSA  the following ELDs from its list of registered ELDs and placed them on the revoked ELDs list due to the providers’ failure to meet the minimum requirements established in Part 395, Subpart B, Appendix A.

  • Walker ELD (ELD Identifier: WLK790)
  • SR ELD (ELD Identifier: SRE288)

Motor carriers and drivers were instructed to discontinue using the revoked devices listed above and revert to paper logs or other logging software to record required hours-of-service data. The revoked ELDs must be replaced with compliant ELDs from the registered ELDs list before Sept. 29.

Motor carriers and drivers that use the revoked ELDs listed above on or after Sept. 29 will be in violation of § 395.8(a)(1) – No Record of Duty Status and will be placed out of service in accordance with CVSA’s North American Standard Out-of-Service Criteria.

PHMSA Publishes Quarterly Hazardous Matters Newsletter
Hazardous Matters is PHMSA’s  for hazardous materials safety. Every quarter, this publication consolidates timely information on the latest rulemaking activities, upcoming workshops and webinars, newest publications, and other highlights from PHMSA’s current safety initiatives. The  was published in July.