Update on Relevant U.S. Regulations

NHTSA Denies DTNA Petition for Decision of Inconsequential Noncompliance
On July 19, the National Highway Traffic Safety Administration (NHTSA) denied a petition for decision of inconsequential noncompliance from Daimler Trucks North America LLC (DTNA) and determined that certain model year 2019-2022 Thomas Built Bus school buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 217, “Bus Emergency Exits and Window Retention and Release.”

FMCSA Publishes Revisions to the NHMRR
On July 16, the Federal Motor Carrier Safety Administration (FMCSA) published revisions to the National Hazardous Materials Route Registry (NHMRR) reported to FMCSA from April 1, 2023, through March 31, 2024. The NHMRR is a listing, as reported by state and tribal governments, of all designated and restricted roads and preferred highway routes for transportation of highway route-controlled quantities of Class 7 radioactive materials and non-radioactive hazardous materials. The revisions are applicable on July 16.

NHTSA Requests Comments on ANPRM Updating FMVSS No. 207
On July 16, NHTSA requested comments on the advanced notice of proposed rulemaking (ANPRM) to update FMVSS No. 207, “Seating Systems.” Comments are due by Sept. 16.

NHTSA Denies Petition to Amend FMVSS No. 223 and No. 224
On July 15, NHTSA denied a petition for rulemaking requesting that NHTSA amend FMVSS No. 223, “Rear Impact Guards,” and FMVSS No. 224, “Rear Impact Protection,” to include additional requirements. The agency denied the petition because it does not provide new or different information that would warrant initiation of a rulemaking at this time.

PHMSA Releases Interpretations on MOT Provisions
On June 13, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a clarification to the Hazardous Materials Regulations (HMR) related to the Materials of Trade (MOT) provisions. PHMSA shared that a MOT means a hazardous material, other than hazardous waste, that is carried on a motor vehicle and meets certain requirements.

PHMSA Releases Interpretations on Shipping Papers
On June 3, PHMSA released a clarification to the HMRs related to shipping papers. PHMSA shared that additional information or columns may not be placed between the “HM” column and the basic description.

PHMSA Releases Interpretations on Placarding and International Standards
On May 31, PHMSA released a clarification to the HMRs related to the use of placards and international standards. PHMSA shared responses to multiple scenarios regarding placarding and international standards.

PHMSA Releases Interpretation on the Approval and Use of Foreign-Made International Specification Packaging
On May 30, PHMSA released a clarification to the HMRs related to the approval and use of foreign-made international specification packaging. PHMSA shared that it does not approve an entity as a Designated Approval Agency to certify a packaging to a UN specification or other international standard for purposes of international use if that packaging is not also authorized for use in the U.S.

PHMSA Releases Interpretation on Portable Tanks
On May 23, PHMSA released a clarification to the HMRs related to “Inhalation Hazard” markings on portable tanks. PHMSA shared that hazardous materials shipments from Mexico to the U.S. or from the U.S. to Mexico must conform to all applicable requirements of the HMR. PHMSA also shared that the “Inhalation Hazard” marking in Title 49 Code of Federal Regulations § 172.313(a) is not required on a closed transport vehicle containing the portable tanks when transported from the U.S. to Mexico; however, a label or placard that conforms to the UN Recommendations on the Transport of Dangerous Goods specifications for a “Division 2.3” or “Division 6.1” label or placard may be substituted.

Update on Exemptions

FMCSA Denies Reiman HOS Exemption
On July 18, FMCSA denied Reiman Corp.’s (Reiman) request for an exemption from certain hours-of-service (HOS) regulations. Reiman requested that it be allowed to operate under the same HOS exemption provided for “specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells.”

FMCSA Requests Comments on MFT HOS Exemption Renewal
On July 10, FMCSA requested comments on an application from McKee Foods Transportation LLC (MFT) for a renewal of its exemption from the HOS regulation pertaining to the use of a sleeper berth. The exemption renewal would allow MFT team drivers to continue taking the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than three hours. Comments are due by Aug. 9.

FMCSA Extends Comment Period for 3 North LLC’s Exemption Application
On July 9, FMCSA extended the comment period for 3 North LLC’s application for a five-year exemption to enable three of its commercial driver’s license holders under the age of 21, with the requisite “K” restriction for intrastate-only operations, to drive commercial motor vehicles in intrastate operations in a state other than their state of domicile. Comments are now due by July 25.

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

Melody Drummond Hansen Appointed FMCSA Chief Counsel
On July 9, FMCSA announced Melody Drummond Hansen as the agency’s new chief counsel. In this role, Drummond Hansen will work closely with and advise the FMCSA acting administrator and senior staff on all aspects of legal policy for agency programs.