Regulatory Update – July 9, 2021

July 9, 2021

Update on Relevant U.S. Regulations

FMCSA Seeks Input on Agency Performance
On July 9, 2021, the Federal Motor Carrier Safety Administration (FMCSA) published a notice and request for comments on the agency’s request to extend approval from the Office of Management and Budget to conduct a generic information collection request (ICR) to collect qualitative feedback on the agency’s service delivery. Comments are due by Aug. 9.

FMCSA Seeks Comments on ICR Regarding Certificate of Registration for Foreign Motor Carriers
Also on July 9, 2021, FMCSA published a notice and request for comments on the agency’s request to renew the ICR that is necessary to allow Mexico-based for-hire and private motor carriers to file Form OP–2. The form allows carriers to register to transport property within municipalities in the United States on the U.S.-Mexico international border or within the commercial zones. Comments are due by Aug. 9.

PHMSA Publishes Updates on Special Permits
On July 8, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

 

FMCSA Publishes Final Rule Making FMCSR Technical Corrections
On July 7, 2021, FMCSA published a final rule making a number of technical corrections to Parts 381, 382, 383, 384, 385, 390 and 391 of the Federal Motor Carrier Safety Regulations (FMCSR). The final rule makes minor changes to correct errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve the clarity and consistency of certain regulatory provisions. The final rule was effective July 7, 2021, except for amendatory instruction 31 which is effective Sept 7.

FMCSA Publishes NPRM on Windshield Area for Safety Technology
On July 6, 2021, FMCSA published a notice and request for comments on a notice of proposed rulemaking (NPRM) that would increase the area that certain vehicle safety technology devices may be mounted on the interior of a commercial motor vehicle’s windshield. Comments are due by Aug. 5.

FMCSA Proposes Amendment to Hazardous Materials Safety Permit Regulations to Update Incorporation by Reference of the CVSA Level VI OOSC
Also on July 6, 2021, FMCSA published an NPRM that would amend the hazardous materials safety permit regulations to update the incorporation by reference of CVSA’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as Defined in 49 CFR Part 173.403.” The amendment would update the regulations to reference the most recent version of the Level VI out-of-service criteria (OOSC). Comments are due by Aug. 5.

FMCSA Announces MCSAC Meeting
On July 2, 2021, FMCSA announced a public meeting of the Motor Carrier Safety Advisory Committee (MCSAC). MCSAC will meet virtually July 19-20. Meeting information and a live feed of the meeting will be available on FMCSA’s MCSAC webpage.

FMCSA Extends Compliance Date for Entry-Level Driver Training
On June 30, 2021, FMCSA published a final rule that finalizes the Feb. 4, 2020, interim final rule which extends the compliance date for the entry-level driver training rule to Feb. 7, 2022. The delay is to allow FMCSA additional time to complete development of the training provider registry. The final rule extending the deadline is effective on July 30. Petitions for reconsideration of the final rule are due by July 30.

Update on Exemptions

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

CVSA Letters, Petitions and Comments to Rulemakings

CVSA Submits Comments on Waste Management Lamp Exemption Request
On July 6, 2021, CVSA submitted comments to FMCSA on an exemption request from Waste Management Inc. to allow its commercial motor vehicles to operate with amber and red brake-activated pulsating lamps on the rear of vehicles. CVSA’s comments agreed with Waste Management’s assessment that amber brake-activated pulsating lamps can improve safety but expressed concern that red pulsating lights may be confused with emergency vehicles and conflict with some state laws limiting those types of lights for use by emergency vehicles.

Other Items of Interest

PHMSA Requests Hazmat Registration Enforcement Discretion Due to Registration Delay
PHMSA is experiencing a small backlog in processing hazmat registration applications and has requested that roadside inspectors apply enforcement discretion for applicants that are able to provide documentation of the submittal of a timely and accurate registration statement and are still awaiting PHMSA to provide their certificate. Inspectors should direct any questions to the PHMSA Registration Team.