Regulatory Update – November 22, 2024

November 22, 2024

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Safety Belt Usage of CMV Drivers ICR
On Nov. 21, the Federal Motor Carrier Safety Administration (FMCSA)  comments on the Safety Belt Usage of Commercial Motor Vehicle (CMV) Drivers information collection request (ICR). The ICR will use quantitative data collection techniques to understand CMV drivers’ perceptions and behaviors regarding safety belt usage and road safety. Comments are due by Dec. 23.

FMCSA Reopens Comments Period for Amendments to Broker and Freight Forwarder Financial Responsibility Final Rule
On Nov. 21, FMCSA  the comment period for the Nov. 4  (NPRM) that made amendments to the “Broker and Freight Forwarder Financial Responsibility” . Comments are now due by Nov. 29.

FMCSA Publishes Enhancements to SMS
On Nov. 20, FMCSA  enhancements to the Safety Measurement System (SMS) used to identify motor carriers for safety interventions while also addressing comments received in response to FMCSA’s Federal Register notice titled, “Revised Carrier Safety Measurement System.”

FMCSA Requests Comments on Transparency in Property Broker Transactions NPRM
On Nov. 20, FMCSA  comments on the Transparency in Property Broker Transactions NPRM, which proposes amendments to its property broker rules. Under current regulations, the parties to a brokered freight transaction have the right to review the broker’s record of the transaction. The NPRM proposes revisions to the regulatory text to clarify that brokers have a regulatory obligation to provide transaction records to the transacting parties on request. Comments are due by Jan. 21, 2025.

FMCSA Issues Final Rule Making Technical Corrections to the FMCSRs
On Nov. 18, FMCSA  a final rule making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSR). The final rule is effective Nov. 18.

PHMSA Releases Interpretation on Overpack Marking and Labeling Requirements
On Nov. 18, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a clarification to the Hazardous Materials Regulations (HMR) related to overpack marking and labeling requirements. PHMSA shared that lab packs conforming to the requirements of Title 49 Code of Federal Regulations (CFR) § 173.12(b) are not subject to the overpack marking and labeling requirements in § 173.25(a)(2) when secured to a pallet with shrink-wrap or stretch-wrap except that labels representative of each hazard class or division in the overpack must be visibly displayed on two opposing sides.

PHMSA Publishes Updates on Special Permits
On Nov. 14, PHMSA published updates on special permit applications:

FMCSA Reschedules TLTF Meeting
On Nov. 13, FMCSA  the Truck Leasing Task Force (TLTF) meeting previously scheduled for Nov. 20 to now take place on Dec. 3.  is required.

PHMSA Releases Interpretation on UN Portable Tank Inspections
On Oct. 16, PHMSA  a clarification to the HMRs related to United Nations (UN) portable tank inspections. PHMSA shared that International Maritime Dangerous Goods Code requires inspections and tests for portable tanks to be performed or witnessed by experts approved by the competent authority or its recognized body. The U.S. recognizes designated approval agencies through the issuance of an approval as a designated approval agency.

PHMSA Releases Interpretation on Lithium Batteries
On Oct. 16, PHMSA  a clarification to the HMRs related to lithium batteries, particularly those shipped as damaged, defective and recalled cells or batteries. PHMSA shared that a lithium battery or cell is not subject to the HMRs if it does not meet the definition of a battery or cell in Section 38.3.2.2 of the UN Manual of Tests and Criteria.

PHMSA Releases Interpretation on Lithium-Ion Cell and Battery SOC Requirements
On Oct. 1, PHMSA  a clarification to the HMRs related to determining responsibility for compliance with lithium-ion cell and battery state of charge (SOC) requirements. PHMSA confirmed that subsequent offerors of lithium-ion cells and batteries may generally rely on information from the initial offeror that the SOC does not exceed 30% of the cell or battery’s rated capacity.

Update on Exemptions

FMCSA Requests Comments on Coffeyville Intellistop Exemption
On Nov. 21, FMCSA  comments on an application from Coffeyville Resources Crude Transportation (Coffeyville) for an exemption to allow it to operate CMVs equipped with a module manufactured by Intellistop Inc. (Intellistop), which is designed to pulse the required rear clearance, identification and brake lamps from a lower-level lighting intensity to a higher-level lighting intensity four times in two seconds when the brakes are applied and then return the lights to a steady-burning state while the brakes remain engaged. Comments are due by Dec. 23.

FMCSA Renews Groendyke Transport’s Exemption
On Nov. 20, FMCSA  its decision to renew Groendyke Transport’s exemption application. The exemption allows Groendyke Transport to use amber brake-activated pulsating lamps on the rear of its trailers in addition to the required steady burning brake lamps. The exemption is effective Apr. 26, 2024, through Apr. 26, 2029.

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

Three ELDs Removed from FMCSA’s Registered Devices List
On Nov. 18, FMCSA  the following electronic logging devices (ELD) 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 CFR Part 395, Subpart B, Appendix A.

  • Keep Tracking ELD by Keep Tracking (ELD Identifier: KTE001)
  • Rollingtrans ELD – Accurate One by Rollingtrans (ELD Identifier: RTOA47)
  • RT ELD Plus – Accurate Plus by Rollingtrans (ELD Identifier: RTPS47)

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 compliant ELDs from the registered ELDs list before Jan. 17, 2025.

Motor carriers and drivers that use the revoked ELDs listed above on or after Jan. 17, 2025, will be in violation of CFR 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.