Regulatory Update – May 24, 2024

May 24, 2024

Update on Relevant U.S. Regulations

PHMSA Proposes Changes to Hazardous Materials Registration Fees
On May 24, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking making changes to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. Comments are due by Aug. 22.

FMCSA Publishes Household Goods ICR
On May 23, the Federal Motor Carrier Safety Administration (FMCSA) published a notice requesting comments on its information collection request (ICR) titled “Practices of Household Brokers,” which applies to household goods (HHG) brokers who are procured by the public (HHG shippers) to arrange the transportation of the shipper’s household goods by HHG motor carriers. Comments are due by June 24.

U.S. DOT Proposes ‘DOT/FMCSA 014 Electronic Logging Device Records’ System of Records
On May 17, the U.S. Department of Transportation (DOT) published a notice of a new system of records titled, “DOT/FMCSA 014 Electronic Logging Device Records,” which would be used to facilitate the retrieval, transfer and collection of hours-of-service (HOS) data from electronic logging device (ELD) files submitted by motor carriers and the review of HOS data by authorized safety officials. Comments are due by June 17 and the system will be effective on the same day.

NHTSA Requests Comments on National Highway Traffic Safety Survey ICR
On May 17, the National Highway Traffic Safety Administration (NHTSA) published a notice requesting comments on the National Highway Traffic Safety Survey ICR which would collect information regarding traffic safety issues including seat belts, distracted driving, new and emerging vehicle technologies, and traffic safety and enforcement. Comments are due by July 16.

PHMSA Publishes Updates on Special Permits
On May 15, PHMSA published updates on special permit applications:

FMCSA Publishes Revision to SDAP Program
On May 14, FMCSA published a revision of the requirements for the Safe Driver Apprenticeship Pilot (SDAP) Program, removing the requirements that participating motor carriers install or use inward-facing cameras and obtain a Registered Apprenticeship number from the U.S. Department of Labor. The changes are made in accordance with the Consolidated Appropriations Act of 2024.

PHMSA Issues Correction to Harmonization with International Standards Final Rule
On May 13, PHMSA issued a correction to the hazardous material table found within the Harmonization with International Standards Final Rule. The correction includes the corrected table.

Update on Exemptions

FMCSA Requests Comments on Covenant Logistics CDL Exemption Application
On May 23, FMCSA published a notice requesting comments on an application from Covenant Transport Inc. and Landair Transport Inc., jointly doing business as Covenant Logistics, requesting an exemption to allow commercial learner’s permit (CLP) holders who have passed the commercial driver’s license (CDL) skills test but have not yet received a CDL document to drive a Covenant Logistics’ commercial motor vehicle (CMV) without being accompanied by a CDL holder in the passenger seat. Comments are due by June 24.

FMCSA Requests Comments on CHS Exemption Application
On May 17, FMCSA requested comments on an application for exemption from Connell High School (CHS) of Connell, Washington, which would allow students under the age of 18 who are enrolled in CHS’s CDL Program to obtain a CLP. Students participating in the program would obtain a CLP at the age of 17 and receive 180 hours of classroom, field and drive time instruction before obtaining a CDL at the age of 18. Comments are due by June 17.

FMCSA Renews CRST Exemption
On May 14, FMCSA announced its decision to renew the CRST The Transportation Solution (CRST) (formerly known as CRST Expedited Inc.) exemption from the regulation that requires a CLP holder to be accompanied by a CDL holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a CMV for CRST without being accompanied by a CDL holder in the front seat of the vehicle. This renewed exemption is effective Sept. 24, 2023-Sept. 24, 2028.

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

FMCSA Removes Two ELDs from the List of Registered Devices, Restores One
On May 21, FMCSA removed the following ELDs from the list of registered ELDs and placed them on the revoked devices list.

  • Blue Star ELD (reinstated May 22)
  • ELD Mandate Plus

Motor carriers and drivers were instructed to discontinue using the 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 compliant ELDs from the registered devices list before July 20. However, on May 22, FMCSA reinstated Blue Star ELD.