Regulatory Update – May 15, 2026

May 15, 2026

Update on Relevant U.S. Regulations

FMCSA Requests Comments on the Request for Revocation of Authority Granted ICR
On May 14, the Federal Motor Carrier Safety Administration (FMCSA)  comments on the Request for Revocation of Authority Granted information collection request (ICR), which relates to the ability of certain transportation industry registrants to request the voluntary revocation of all or part of their operating authority registration by utilizing Form OCE-46. Comments are due by July 13.

PHMSA Publishes Updates on Special Permits
On May 12, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

U.S. DOT Publishes Final Rule Revising Drug and Alcohol Testing Procedures
On May 11, the U.S. Department of Transportation (DOT)  a final rule revising drug and alcohol testing procedures to require a directly observed urine collection in situations where oral fluid tests are currently required but cannot be conducted because oral fluid testing is not yet available. The final rule is effective June 10.

FMCSA Requests Comments on the 391.41 CMV Driver Medication Form ICR
On May 7, FMCSA  comments on the 391.41 CMV Driver Medication Form ICR, which relates to the form used by medical examiners responsible for issuing medical examiner’s certificates to commercial motor vehicle (CMV) drivers to communicate with healthcare professionals who are responsible for prescribing certain medications. Comments are due by July 6.

FMCSA Requests Comments on Hazardous Materials Safety Permits ICR
On May 6, FMCSA  comments on the Hazardous Materials Safety Permits ICR, which requires companies holding safety permits to develop communications plans that allow for the periodic tracking of the shipments. Comments are due by July 6.

Update on Exemptions

FMCSA Grants Hawaii CDL Exemption
On May 14, FMCSA  its decision to grant in part and deny in part the exemption application from the Hawaii Department of Transportation (HDOT). FMCSA granted to HDOT a five-year exemption to from the commercial driver’s license (CDL) rules concerning acceptable proof of citizenship or lawful permanent residency for citizens of Freely Associated States (FAS) who reside in Hawaii and wish to obtain a CDL or commercial learner’s permit (CLP). However, FMCSA denied HDOT’s request to issue standard, rather than non-domiciled, CLPs and CDLs to FAS citizens. The exemption is effective May 14, 2026, through May 14, 2031.

FMCSA Grants WM Driver Qualifications Exemptions
On May 13, FMCSA  its decision to grant in part and deny in part the exemption application from Waste Management Holdings Inc. (WM). FMCSA granted WM’s request for limited relief from certain driver qualification requirements to allow WM to use the exception for a “single-employer driver” when it transfers drivers among affiliates. FMCSA also granted a limited exemption from the requirement for the driver to undergo controlled substances testing when being transferred among affiliates if the driver has participated in a WM random controlled substances testing pool for any WM-affiliated employer for the previous 12 months. Additionally, FMCSA granted an exemption to allow WM to conduct a limited, rather than full, Drug and Alcohol Clearinghouse query when transferring drivers among affiliates. Finally, FMCSA denied WM’s request for broad exemptions from the pre-employment controlled substance testing and Clearinghouse requirements. The exemption is effective May 13, 2026, through May 13, 2028.

CVSA Active Exemption Tracker
CVSA maintains a  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

FMCSA Publishes Updated ELP Enforcement Guidance Memo
FMCSA  updated guidance on enforcing the English language proficiency (ELP) requirements in Title 49 Code of Federal Regulations (CFR) § 391.11(b)(2).

FMCSA Removes Four Devices from List of Registered ELDs
On May 7, FMCSA  the following electronic logging devices (ELDs) from its list of registered ELDs and placed them on the revoked ELDs list due to the providers’ failure to meet the minimum requirements established in Title 49 CFR Part 395, Subpart B, Appendix A.

  • Safe ELD – Android by BEMOREX Inc. (ELD Identifier: ELD42A)
  • Safe ELD – IOS by BEMOREX Inc. (ELD Identifier: ELD42A)
  • MYLOGS ELD by Mylogs Inc. (ELD Identifier: MRS202 (f/k/a MRS201))

Motor carriers and drivers were instructed to discontinue using the revoked devices listed above and revert to paper logs or other logging software to record required hours-of-service data. The revoked ELDs must be replaced with a compliant LED from the registered ELDs list before July 7. Motor carriers and drivers that use the revoked ELDs listed above on or after July 7 will be in violation of § 395.8(a)(1) – No Record of Duty Status and will be placed out of service in accordance with CVSA’s North American Standard Out-of-Service Criteria.

PHMSA Releases ‘Hazardous Matters’ Newsletter
On May 6, PHMSA  an edition of its quarterly “Hazardous Materials” newsletter which covers April through June.