Update on Relevant U.S. Regulations

FMCSA Requests Comments on Transportation of Fuel for Agricultural Aircraft Operations NPRM
On Dec. 4, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on the Transportation of Fuel for Agricultural Aircraft Operations notice of proposed rulemaking (NPRM). The proposed rule would amend the Federal Motor Carrier Safety Regulations to allow states to waive the hazardous materials endorsement requirement for holders of Class A commercial driver’s licenses (CDL) who transport no more than 1,000 gallons of aviation-grade jet fuel in support of seasonal agricultural operations. Comments are due by Feb. 3, 2025.

FMCSA Publishes Changes to CPDP
On Dec. 4, FMCSA published changes to the Crash Preventability Determination Program (CPDP) while also addressing comments received in response to FMCSA’s Federal Register notice titled, “Crash Preventability Determination Program.”

FMCSA Announces Upcoming MCSAC Meeting
On Dec. 3, FMCSA announced an upcoming meeting of the Motor Carrier Safety Advisory Committee (MCSAC). The meeting will be held virtually on Dec. 17 and 18. Advanced registration is required.

NHTSA Requests Comments on DTNA Petition for Decision of Inconsequential Noncompliance
On Dec. 2, the National Highway Traffic Safety Administration (NHTSA) requested comments on a petition for decision of inconsequential noncompliance in which Daimler Truck North America LLC (DTNA) has determined that a model year 2022 Western Star 4900 truck-tractor does not fully comply with Federal Motor Vehicle Safety Standard No. 136, Electronic Stability Control Systems for Heavy Vehicles. Comments are due by Jan. 2, 2025.

Update on Exemptions

FMCSA Denies Polytech Intellistop Exemption Application
On Dec. 4, FMCSA denied an application for exemption from Polytech Plastic Molding Inc. (Polytech) to allow it to operate commercial motor vehicles equipped with a module manufactured by Intellistop Inc. (Intellistop). The agency determined that Polytech did not demonstrate it would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved by the regulation.

FMCSA Renews NSTA CDL Exemption
On Dec. 2, FMCSA announced its decision to renew the National School Transportation Association (NSTA) request for an exemption from the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known as the “under-the hood” testing requirement, for CDL applicants seeking a school bus endorsement. Drivers issued a CDL pursuant to the requested exemption would be restricted to the intrastate operation of school buses only. FMCSA also granted NSTA an exemption from the requirement that states administer this portion of the pre-trip vehicle inspection test in accordance with an FMCSA pre-approved examiner information manual. The exemption is effective Nov. 28, 2024, through Nov. 28, 2026.

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.