Update on Relevant U.S. Regulations

PHMSA Requests Comments on Development of OHMS General Investigative Questions
On Nov. 7, the Pipeline and Hazardous Materials Safety Administration (PHMSA) requested comments on its 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. These questions are intended to facilitate fact-gathering efforts during general investigations related to PHMSA’s safety oversight responsibilities. Comments are due by Jan. 6, 2025.

U.S. DOT Issues Revision to Drug and Alcohol Testing Procedures Final Rule
On Nov. 5, the U.S. Department of Transportation (DOT) issued a revision to its drug and alcohol testing procedures final rule originally published May 2, 2023, to provide temporary qualification requirements for mock oral fluid monitors, provide for consistent requirements by identifying which individuals may be present during an oral fluid collection and clarify how collectors are to document that a sufficient volume of oral fluid was collected. The final rule is effective on Dec. 5.

FMCSA Extends Compliance Date for Broker and Freight Forward Financial Responsibility Final Rule
On Nov. 4, the Federal Motor Carrier Safety Administration (FMCSA) proposed amendments to its Nov. 16, 2023, Broker and Freight Forwarder Financial Responsibility final rule by extending the compliance date for certain provisions from Jan. 16, 2025, to Jan. 16, 2026. This action is being proposed because FMCSA has determined that only its forthcoming online registration system will be used to accept filings and track notifications, and this functionality will not be added to its legacy systems. Comments are due by Nov. 19.

NHTSA Publishes Final Rule Creating New FMVSS
On Oct. 30, the National Highway Traffic Safety Administration (NHTSA) published a final rule establishing Federal Motor Vehicle Safety Standards (FMVSS) No. 217a, Anti-ejection Glazing for Bus Portals. The final rule also specifies impactor tests of the glazing material of side and roof windows. The final rule is effective Dec. 30, and the compliance date for FMVSS No. 217a is Oct. 30, 2027.

PHMSA Requests Comments on NPRM Proposing Revisions to HMR
On Oct. 28, PHMSA requested comments on the notice of proposed rulemaking (NPRM) which would revise the Hazardous Materials Regulations (HMR) to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce. Comments are due by Jan. 27, 2025.

Update on Exemptions

NHTSA Requests Comments on HOLON Temporary Exemption
On Nov. 8, NHTSA requested comments on HOLON and HOLON U.S. Inc’s application for temporary exemption from certain requirements in seven FMVSS for its automated electric bus. Specifically, HOLON seeks exemption from portions of FMVSS No. 101, Controls and Displays; FMVSS No. 102, Transmission Shift Position Sequence, Starter Interlock and Transmission Braking Effect; FMVSS No. 104, Windshield Wiping and Washing Systems; FMVSS No. 105, Hydraulic and Electric Brake Systems; FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment; FMVSS No. 111, Rear Visibility; and FMVSS No. 208, Occupant Crash Protection. Comments are due by Jan. 7, 2025.

NHTSA Requests Comments on Legacy Limousines and Luxury Coaches Temporary Exemption
On Nov. 4, NHTSA requested comments on an application for temporary exemption from Legacy Limousines and Luxury Coaches, which would exempt it from the shoulder belt requirement for side-facing seats on motorcoaches in FMVSS No. 208, Occupant Crash Protection. Comments are due by Dec. 4.

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.