Regulatory Update – June 7, 2024

June 7, 2024

Update on Relevant U.S. Regulations

FMCSA Announces Listening Session for SFD
On June 7, the Federal Motor Carrier Safety Administration (FMCSA)  that it will host a listening session pertaining to updates to the current safety fitness determination (SFD). The listening session will be held in person on June 29. FMCSA will host additional virtual listening sessions in June and July.

NHTSA Denies Forest River Petition for Decision of Inconsequential Noncompliance
On June 7, the National Highway Traffic Safety Administration (NHTSA)  a petition for decision of inconsequential noncompliance from Forest River Bus LLC (Forest River) and determined that certain model year (MY) 2009-2022 Starcraft school buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School Bus Passenger Seating and Crash Protection.

NHTSA Extends Comment Period for NPRM on Two New FMVSS for Motor Vehicles Using Hydrogen as a Fuel Source
On June 6, NHTSA  the comment period for the  (NPRM) regarding fuel system integrity of hydrogen vehicles and compressed hydrogen storage system integrity. Comments are now due on July 17.

FMCSA Announces Public Meeting on the Disclosure of Towing Fees
On May 31, FMCSA  it will host a public meeting to receive feedback on current industry practices regarding the disclosure of towing fees to commercial motor vehicle owners. The meeting will be held on June 21. Advanced  is required.

NHTSA Denies Spartan Petition for Decision of Inconsequential Noncompliance
On May 31, NHTSA  a petition for decision of inconsequential noncompliance from Spartan Motors USA Inc. (Spartan) and determined that certain MY 2017-2019 Spartan Emergency Response Gladiator and Metro Star chassis cabs do not fully comply with FMVSS No. 121, Air Brake Systems.

FMCSA Announces Two TLTF Meetings
On May 29, FMCSA  two upcoming meetings of the Truck Leasing Task Force (TLTF). The meetings will be held on June 13 and July 18 and  is required.

PHMSA Releases Interpretation on the Definition of a Motor Vehicle
On May 14, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a clarification to the Hazardous Materials Regulations (HMR) related to the definition of a motor vehicle. PHMSA shared that a bicycle moved entirely by human power is not a motor vehicle and that a bicycle or other vehicle powered, either partially or entirely, by a motor is defined as a motor vehicle.

PHMSA Releases Interpretation on Shipping Papers
On May 10, PHMSA  a clarification to the HMRs related to the requirement to indicate the type of packages on a shipping paper, in accordance with Title 49 Code of Federal Regulations § 172.202(a)(7), as it relates to transporting jet perforating guns, shipped under the proper shipping name “UN0494, Jet perforating guns, charged, 1.4D.” PHMSA shared that for unpackaged articles described in this scenario, it is permitted to provide an accurate descriptor of the articles in lieu of a packaging type for the requirements of § 172.202(a)(7).

PHMSA Releases Interpretation on the Definition of a Residue
On May 9, PHMSA  a clarification to the HMRs related to the definition of a “residue” and presented scenarios specifically relating to the practicability of the unloading process. PHMSA shared that the questions asked in the request do not have the full execution of the unloading process, as various obstacles prevented the completion of that process. If the packagings described in the scenario had been emptied to the maximum extent practicable, the hazardous material would be considered a residue by definition.

PHMSA Releases Interpretation Applicable to Cargo Tanks
On May 9, PHMSA  a clarification to the HMRs related to cargo tanks, specifically how pinholes are defined. PHMSA shared that, although “pinhole” is not defined in the HMR, a manufacturer or cargo tank owner may not choose to revert to the American Society of Mechanical Engineering Code for a definition of a pinhole or for guidance. PHMSA asserts that the word “pinhole” as referenced in the HMR is being used to elaborate what a weld defect could be on a cargo tank.

PHMSA Releases Interpretation on Emergency Response Information Requirements
On May 2, PHMSA  a clarification to the HMRs related to emergency response information requirements, specific to the availability of emergency response information on the safety data sheet (SDS). PHMSA shared that a statement on the SDS such as “safety data sheet available from the terminal for these products on request” does not satisfy the requirement to provide emergency response information. PHMSA also shared that providing a website on the back of a shipping paper for carriers to access a SDS also does not satisfy the requirement to provide emergency response information.

PHMSA Releases Interpretation on Marking Requirements
On May 1, PHMSA  a clarification to the HMRs related to marking requirements when shipping marine pollutants by highway in non-bulk packagings. PHMSA shared that provided the material is only a marine pollutant and does not meet any other hazard class under the HMRs, the markings may be covered.

PHMSA Releases Interpretation on Shipping Papers
On May 1, PHMSA  a clarification to the HMRs related to shipping papers containing both hazardous and non-hazardous materials. PHMSA shared that there are three options: entering the hazardous materials entries first, identifying the hazardous materials entries with an “X” placed before the basic shipping description in a column captioned “HM” and highlighting the hazardous materials basic shipping descriptions.

PHMSA Releases Interpretation on the Attachment of Label Plates
On April 24, PHMSA  a clarification to the HMRs related to the attachment of label plates on repaired and/or remanufactured Intermediate Bulk Containers (IBCs). PHMSA shared that when a new label plate is installed on an IBC, it should be done in a manner that does not affect the integrity of the package.

PHMSA Releases Interpretation on the Application of ‘Vehicle’
On April 24, PHMSA  a clarification to the HMRs related to the application of the term “vehicle” in § 172.102, special provision 134, currently assigned to the proper shipping name “UN3171, Battery-powered vehicle or Battery-powered equipment.” PHMSA shared that the term “vehicle” is to include self-propelled apparatus designed to carry one or more persons or goods.

PHMSA Releases Interpretation on Overpack Marking Requirements
On April 19, PHMSA  a clarification to the HMRs related to overpack marking requirements as it relates to cylinders. PHMSA shared that when a cylinder configuration meets the definition of overpack and is placed inside of a fiberboard box, the box must also be marked with “overpack,” so long as the definition is met. PHMSA added that it would be a violation of the HMR if the box was marked with “overpack” when it does not meet the definition of an overpack.

PHMSA Releases Interpretation on the HMRs Applicable to Cargo Tank Inlet and Outlet Markings
On April 19, PHMSA  a clarification to the HMRs related to cargo tank inlet and outlet markings. PHMSA shared that, for the purposes of § 178.337-9(c), an inlet and an outlet are the same.

PHMSA Releases Interpretation on Pressure Relief Devices
On April 16, PHMSA  a clarification to the HMRs related to pressure relief devices on DOT Specification 51 portable tanks. PHMSA shared that the required pressure relief devices must be set to start to discharge at a nominal pressure of five-sixths of the test pressure for shells having a test pressure of not more than 4.5 bar (450 kPa) and 110% of two-thirds of the test pressure for shells having a test pressure of more than 4.5 bar (450 kPa).

Update on Exemptions

FMCSA Corrects Request for Comments on Covenant Logistics Exemption
On May 30, FMCSA  a correction on the notice requesting comments on the  for exemption submitted by Covenant Logistics. The notice contained two errors regarding the approximate number of drivers hired and the number of drivers covered by the proposed exemption, which the agency has now corrected.

FMCSA Requests Comments on NSTA Exemption Renewal
On May 30, FMCSA  comments on the National School Transportation Association’s (NSTA) application to renew its exemption that permits all commercial driver’s license applicants seeking a school bus endorsement to forgo the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known informally as the ‘‘under-the-hood’’ testing requirement. The current exemption is effective from Nov. 28, 2022, through Nov. 28, 2024. Comments are due by July 1.

FMCSA Requests Comments on APA Exemption Renewal
On May 30, FMCSA  comments on the American Pyrotechnics Association (APA) application requesting extension of its current exemptions from the hours-of-service regulations for 12 additional member companies. The request would allow drivers employed by the 12 member carriers to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. It would also allow these drivers to use paper records of duty status in lieu of an electronic logging device during the designated Independence Day periods. Comments are due by July 1.

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.