Regulatory Update – August 2, 2024

August 2, 2024

Update on Relevant Mexican Regulations

SICT Publishes Rule on Permanent Authority to Operate Freight Transportation in Mexico for U.S and Canadian Motor Carriers
On July 31, Mexico’s Ministry of Infrastructure, Communications and Transportation (SICT) published a rule on the issuance of permanent long-haul freight services operating authority in Mexico for U.S. and Canadian carriers. The rule supersedes the temporary authority permit regulations in effect since 2015, streamlining requirements and procedures while providing legal predictability and transparency. The rule authorizes the operation of specialized freight transportation services. However, it does not allow the operation of passenger, tourism, funds and securities, industrial cranes, and auxiliary towing and salvage services, nor domestic cabotage services in any of its modalities.

Update on Relevant U.S. Regulations

FMCSA Requests Comments on the Financial Responsibility Motor Carriers, Freight Forwarders and Brokers ICR
On Aug. 1, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on the Financial Responsibility Motor Carriers, Freight Forwarders and Brokers information collection request (ICR), the purpose of which is to provide registered motor carriers, property brokers and freight forwarders a means of meeting financial responsibility filing requirements. Comments are due by Sept. 30.

FMCSA Withdraws Direct Final Rule on Procedures for Transportation Workplace Drug and Alcohol Testing Programs
On Aug. 1, FMCSA withdrew the direct final rule making changes to its final rule allowing oral fluid testing as part of its regulated industry drug testing program. FMCSA is moving forward with the proposed rule as the mechanism to make the proposed changes. The withdrawal of the direct final rule is effective Aug. 1.

PHMSA Publishes Updates on Special Permits
On July 30, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Requests Comments on Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers ICR
On July 25, FMCSA requested comments on the Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers ICR, which focuses on application Form OP-2, which is required to be completed by Mexico-based for-hire and private motor carriers in order to register to transport property within municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipalities. Comments are due by Aug. 26.

PHMSA Releases Interpretation on the Transportation of Combustible Liquids in Bulk Packaging
On July 15, PHMSA released a clarification to the Hazardous Materials Regulations (HMR) related to the transportation of combustible liquids in bulk packaging. PHMSA shared that a material designated as a hazardous material under the HMRs, but which is not subject to the requirements of the International Maritime Dangerous Goods (IMDG) Code, may not be transported in accordance with the IMDG Code and must be transported in accordance with all applicable requirements of the HMRs while in the U.S.

PHMSA Releases Interpretation Related to Elemental Mercury
On July 2, PHMSA released a clarification to the HMRs related to elemental mercury. PHMSA shared that hazardous material properly described as “UN2809, Mercury” may be packaged in non-specification reusable metal packagings as prescribed in 49 Code of Federal Regulations § 173.164(d)(2) for transportation other than by aircraft.

PHMSA Releases Interpretation on the Transportation of Damaged and Defective Lithium Batteries
On July 2, PHMSA released a clarification to the HMRs related to the transportation of damaged and defective lithium batteries. PHMSA shared that all damaged or defective lithium batteries that have the potential of producing a dangerous evolution of heat, fire or short circuit must be transported in accordance with the requirements of § 173.185(f).

Update on Exemptions

FMCSA Grants Covenant Logistics CLP Exemption
On July 30, FMCSA announced its decision to grant Covenant Transport Inc. and Landair Transport Inc., jointly doing business as Covenant Logistics, an exemption to allow commercial learner’s permit holders who have passed the commercial driver’s license (CDL) skills test but have not yet received a CDL document to drive a Covenant Logistics’ commercial motor vehicle (CMV) without being accompanied by a CDL holder in the passenger seat. The exemption is effective July 30, 2024, through July 30, 2026.

FMCSA Grants Safe Fleet Rear Vision Mirror Exemption
On July 25, FMCSA announced its decision to grant an exemption to Safe Fleet Bus and Rail (Safe Fleet) to allow motor carriers to operate CMVs with the company’s MirrorLESS camera monitor system (CMS) installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSR). This exemption is effective July 30, 2024, through July 25, 2029.

FMCSA Grants Convoy Electronic Rear View System Exemption
On July 24, FMCSA announced its decision to grant an exemption request from Convoy Technologies Inc. (Convoy) to allow motor carriers to operate CMVs with the company’s Electronic Rear View System CMS installed as an alternative to the two rear-vision mirrors required by the FMCSRs. The exemption is effective July 24, 2024, to July 24, 2029.

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.

Other Items of Interest

Four ELDs Removed from FMCSA’s Registered Devices List
On July 23, FMCSA removed the following electronic logging devices (ELDs) from its list of registered ELDs and placed them on the revoked ELDs list.

  • CTE-LOG ELD by CTE LOG ELD LLC (ELD Identifier: CRS102)
  • ELD VOLT by Power Deal Corp (ELD Identifier: ERS246)
  • POWERTRUCKS ELD by Miran Support LLC (ELD Identifier: PRS211)
  • TFM ELD by TFM Group Inc. (ELD Identifier: TFM001)

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. 21.