Regulatory Update – Oct. 15, 2021

October 15, 2021

Update on Relevant U.S. Regulations

FMCSA Publishes Technical Corrections Final Rule
On Oct. 14, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule making a series of technical corrections to the Federal Motor Carrier Safety Regulations. The changes correct errors, remove outdated references and improve clarity in certain sections. The rule also redesignates “Appendix G” as “Appendix A.” The rule was effective Oct. 14.

FMCSA Publishes ICR Regarding ELD Vendor Registration
Also on Oct. 14, FMCSA published a request to renew an information collection request (ICR) titled, “Electronic Logging Device (ELD) Vendor Registration.” This ICR is necessary for ELD vendors to register their ELDs with the agency. Comments are due by Dec. 13.

FMCSA Announces UCR Board Meeting
On Oct. 14, FMCSA announced a meeting of the Unified Carrier Registration (UCR) Plan Board. The UCR board will host a virtual meeting on Oct. 21, from 12-2 p.m. EDT. The meeting will be open to the public.

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

 

FMCSA Publishes Final Rule on SDLA Use of the Drug and Alcohol Clearinghouse for Issuance/Downgrade of CDLs
On Oct. 7, FMCSA published a final rule prohibiting state driver’s licensing agencies (SDLA) from issuing a commercial driver’s license (CDL) for any individual prohibited from performing safety-sensitive functions due to one or more violations in the Drug and Alcohol Clearinghouse. The rule also requires that SDLAs remove CDL privileges from the driver’s license of any individual prohibited from performing safety-sensitive functions. Additionally, the rule requires that states adopt a compatible state prohibition on operating a commercial motor vehicle for drivers that violate FMCSA’s drug and alcohol program requirements. The final rule is effective on Nov. 8. States must be compliant with the rule by Nov. 18, 2024. Petitions for reconsideration are due by Nov. 8.

Update on Exemptions

NHTSA Denies Bus Emergency Exit Labeling Petition of Inconsequential Noncompliance
On Oct. 8, the National Highway Traffic Safety Administration (NHTSA) denied Forest River Inc.’s petition for inconsequential noncompliance for certain model year 2012-2016 Starcraft and 2014-2016 StarTrans buses. The buses do not fully comply with paragraph S5.5.1 of Federal Motor Vehicle Safety Standard No. 217, Bus Emergency Exits and Window Retention and Release because of misplacement of emergency egress labels. NTHSA determined that Forest River did not adequately justify that the noncompliance is inconsequential to motor vehicle safety.

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.