Update on Relevant U.S. Regulations

U.S. DOT Publishes Technical Amendments to Procedures for Transportation Workplace Drug and Alcohol Testing Programs Final Rule
On June 21, the U.S. Department of Transportation (DOT) published technical amendments to make clarifications and corrections to the final rule to include oral fluid testing as part of its regulated industry drug testing program. The technical amendments are effective on June 21.

U.S. DOT Publishes Direct Final Rule and Requests Comments on Revisions to Drug Testing Procedure Final Rule
On June 21, the U.S. DOT published a direct final rule to revise its final rule to allow oral fluid testing as part of its regulated industry drug testing program. The direct final rule would provide temporary qualification requirements for mock oral fluid monitors, provide for consistent privacy requirements by identifying which individuals may be present during an oral fluid collection and clarify how collectors are to specify that a sufficient volume of oral fluid was collected. The direct final rule is effective on Aug. 5. The U.S. DOT also requested comments on the proposed changes, and comments are due by July 22.

FHWA Requests Comments on Certification of Enforcement of the Heavy Vehicle Use Tax ICR
On June 21, the Federal Highway Administration (FHWA) requested comments on the Certification of Enforcement of the Heavy Vehicle Use Tax information collection request (ICR) which says that the annual certification by a state governor or designated official regarding the collection of the heavy vehicle use tax serves as the FHWA’s primary means of determining state compliance. Comments are due by Aug. 20.

FMCSA Announces Virtual SFD Listening Sessions
On June 20, the Federal Motor Carrier Safety Administration (FMCSA) announced that it will host two virtual public listening sessions pertaining to the development of an updated methodology to determine when a motor carrier is not fit to operate commercial motor vehicles (CMV) in or affecting interstate commerce. Specifically, the agency would like to hear from members of the public on issues of concern relating to the current Safety Fitness Determination (SFD) and proposed changes. The first virtual public listening session will be held on June 25 and advanced registration is required.

FMCSA Issues Final Rule on UCR Registration Fees
On June 17, FMCSA issued a final rule to amend the regulations governing the annual registration fees that participating states collect from motor carriers, motor private carriers of property, brokers, freight forwarders and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the 2025 registration year and subsequent registration years. The final rule is effective on July 17.

FMCSA Issues Final Rule for AAMVA’s CDLIS SPM Incorporation by Reference
On June 13, FMCSA issued a final rule to incorporate by reference the most recent edition of the American Association of Motor Vehicle Administrators Inc.’s (AAMVA) Commercial Driver’s License Information System (CDLIS) State Procedures Manual (SPM), version c.0. This rule will require all state driver’s licensing agencies to use this edition of the manual to follow standard administrative practices required by the states and other jurisdictions using the SPM when participating in CDLIS. The final rule is effective July 15.

FMCSA Requests Comments on Safe Driver Apprenticeship Pilot Program ICR
On June 13, FMCSA requested comments on the Safe Driver Apprenticeship Pilot Program ICR. The ICR is necessary for FMCSA to continue data collection under a pilot program which seeks to determine the safety impacts of allowing 18- to 20-year-old commercial driver’s license (CDL) holders to operate CMVs in interstate commerce. The ICR covers data collected on drivers and carriers participating in the pilot program. Comments are due by Aug. 12.

FMCSA Requests Comments on Understanding Attitudes and Behaviors of Safety Belt Use Among CMV Drivers ICR
On June 13, FMCSA requested comments on the Understanding Attitudes and Behaviors of Safety Belt Use Among CMV Drivers ICR, which focuses on understanding CMV drivers’ perceptions and behaviors regarding safety belt usage and road safety. Comments are due by Aug. 12.

PHMSA Requests Comments on OHMS Field Operations Personnel
On June 12, the Pipeline and Hazardous Materials Safety Administration (PHMSA) requested comments on the development of general investigative questions that may be used by PHMSA’s Office of Hazardous Materials Safety (OHMS) field operations personnel when investigating potential general safety issues. Comments are due by Aug. 12.

NHTSA Requests Comments on Human Interaction with Driving Automation Systems ICR
On June 11, the National Highway Traffic Safety Administration (NHTSA) requested comments on the Human Interaction with Driving Automation Systems ICR, which supports research addressing safety-related aspects of drivers’ interactions with driving automation systems. Comments are due by July 11.

Update on Exemptions

FMCSA Renews USHCI Exemption from the Interstate Restriction
On June 18, FMCSA announced its final decision to renew the U.S. Custom Harvesters Inc. (USCHI) exemption from the intrastate restriction (“K”) on CDLs for custom harvester drivers operating in interstate commerce for a two-year period, with additional terms and conditions. This renewed exemption became effective Oct. 3, 2023, and continues through Oct. 3, 2025.

FMCSA Requests Comments on Alaska’s CDL Skills Test and ELDT Exemption
FMCSA requested comments on an application from the state of Alaska for a renewal of its exemption from the limitations imposed by the CDL regulations on the state’s ability to issue restricted CDLs. The exemption renewal would allow the state to waive specified portions of the CDL skills test for drivers in 14 defined geographical areas that lack infrastructure to allow completion of the full skills test. Drivers who receive a restricted CDL under the provisions of this exemption are also exempt from the Entry-Level Driver Training (ELDT) regulations. Comments are due by July 18.

FMCSA Provisionally Renews AFTC Exemption
On June 18, FMCSA announced its decision to provisionally renew an exemption requested by the Agricultural and Food Transporters Conference (AFTC) of American Trucking Associations, which will allow certain alternative methods for the securement of agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, as well as hay, straw and cotton bales that are grouped together into large singular units. The renewed exemption is effective April 15 through Oct. 15. Comments are due by July 18.

FMCSA Requests Comments on 3 North LLC Exemption
On June 11, FMCSA requested comments on 3 North LLC’s application for a five-year exemption to enable three of its CDL holders under the age of 21, with the requisite “K” restriction for intrastate-only operations, to drive CMVs in intrastate operations in a state other than their state of domicile. Comments are due by July 11.

FMCSA Requests Comments on Oregon DOT Exemption
On June 11, FMCSA requested comments on the Oregon DOT application for a limited exemption from the CDL rules concerning acceptable proof of citizenship or lawful permanent residency for citizens of Freely Associated States who now reside in Oregon and wish to obtain a CDL. If the exemption is granted, Oregon would be allowed to issue standard commercial learner permits (CLPs) and CDLs to these individuals, rather than issuing non-domiciled CLPs and CDLs. Comments are due by July 11.

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.