Regulatory Update – February 3, 2023

Update on Relevant U.S. Regulations

FMCSA Requests Comment on ICRs
On Feb. 3, the Federal Motor Carrier Safety Administration (FMCSA) published notices requesting comments on two separate information collection requests (ICR). Comments for both are due by March 6.

NHTSA Requests Comments on Draft Model Minimum Uniform Crash Criteria (MMUCC) Guideline, Sixth Edition
On Feb. 2, the National Highway Traffic Safety Administration (NHTSA)  a request for public comment on the agency’s draft “Model Minimum Uniform Crash Criteria (MMUCC) Guideline, Sixth Edition.” MMUCC provides states with guidelines for describing crashes involving motor vehicles in-transport to generate the information necessary to improve traffic safety. Comments are due by March 3.

UCR Plan Board Announces Audit Subcommittee Meeting
Also on Feb. 2, the Unified Carrier Registration (UCR) Plan Board of Directors a meeting of the board’s Audit Subcommittee. The meeting, which will be accessible via conference call and via Zoom Meeting and Screenshare, is scheduled for Feb. 9.

FMCSA Requests Comments on ADS-Equipped CMV SANRPM
On Feb. 1, FMCSA  a supplemental advance notice of proposed rulemaking (SANPRM) requesting comments about factors the agency should consider in amending the Federal Motor Carrier Safety Regulations (FMCSRs) to establish a regulatory framework for automated driving system (ADS) equipped commercial motor vehicle (CMV) operations. FMCSA previously  an advance notice of proposed rulemaking (ANPRM) on May 28, 2019, seeking comments on FMCSRs that may need to be amended, revised or eliminated to facilitate the safe introduction of ADS-equipped CMVs onto the nation’s roadways. Comments are due by March 20.

NHTSA Denies CVSA Rear Underride Label Petition
On Jan. 30, NHTSA  a notice denying CVSA’s  to the agency regarding rear impact guard labels. CVSA requested that the agency amend Federal Motor Vehicle Safety Standard (FMVSS) No. 223, “Rear Impact Guards,” to remove the certification label requirement in S5.3 of the standard. In the petition, CVSA noted that enforcement of the corresponding requirement in § 393.86(a)(6) of the FMCSRs is resulting in the citation of rear impact guards that otherwise meet the physical requirements and have no negative impact on safety.

PHMSA Publishes Technical Corrections Final Rule Correction
On Jan. 25, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a correction to the agency’s Dec. 27  making editorial revisions and clarifications to the hazardous materials regulations including the hazardous materials table. The corrections address several errors to the hazardous material entries in the hazardous materials table. The correction was effective Jan. 26.

U.S. DOT Solicits Nominees for Annual Combating Human Trafficking in Transportation Impact Award
On Jan. 24, the U.S. Department of Transportation (DOT)  a notice requesting nominations for the department’s annual Combating Human Trafficking in Transportation Impact Award. Nominations are due by March 27.

Update on Exemptions

FMCSA Requests Comments on Lighting Exemption Applications
On Feb. 1 and Jan. 27, FMCSA published notices requesting comments on exemption requests from several companies seeking to operate CMVs equipped with a module manufactured by Intellistop, which pulses the rear clearance, identification and brake lamps from low-level lighting intensity to high-level lighting intensity four times in two seconds when the brakes are applied.

CVSA Active Exemption Tracker
CVSA maintains a  issued by FMCSA. The exemption tracker can be found at cvsa.org under the “Inspections” tab at the top of the page.