Regulatory Update – October 25, 2024

Update on Relevant U.S. Regulations

U.S. DOT Requests Comments on Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records NPRM
On Oct. 15, the U.S. Department of Transportation (DOT)  comments on the notice of proposed rulemaking (NPRM) which would amend the regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry to allow, but not require, electronic signatures on documents required to be created and utilized under the regulations, the use of electronic versions of forms, and the electronic storage of forms and data. The regulatory changes would apply to U.S. DOT-regulated employers and their contractors who administer their U.S. DOT-regulated drug and alcohol testing programs. Comments are due by Dec. 16.

UCR Plan Board Requests Nominations for Motor Carrier Industry Position
On Oct. 15, the Unified Carrier Registration (UCR) Plan board of directors  nominations of qualified individuals for possible appointment by the Federal Motor Carrier Safety Administration (FMCSA) to one of the board’s motor carrier industry positions. Nominations are due by Nov. 14.

Update on Exemptions

FMCSA Requests Comments on Casey Intellistop Exemption
On Oct. 23, FMCSA  comments on the application for exemption from Casey’s Services Company (Casey) for an exemption from the requirement that lighting devices be steady burning. The exemption would allow the company to operate commercial motor vehicles (CMVs) equipped with a module manufactured by Intellistop Inc. (Intellistop), which pulses the rear clearance, identification and brake lamps from low-level lighting intensity to high-level lighting intensity four times in two seconds when the brakes are applied. Comments are due by Nov. 22.

FMCSA Requests Additional Comments on MFT HOS Exemption Renewal
On Oct. 22, FMCSA  additional comments on the application from McKee Foods Transportation LLC (MFT) for a renewal of its exemption from the hours-of-service (HOS) regulation pertaining to the use of a sleeper berth. FMCSA added a supplemental document to the docket titled “McKee Foods Transportation Sleeper-Berth Exemption Provisions Interpretation,” and is allowing an opportunity to review MFT’s application for renewal of its exemption along with the supplemental document available for review in the docket. Comments are due by Nov. 21.

FMCSA Renews WestRock HOS Exemption
On Oct. 22, FMCSA  its final decision to renew the exemption granted to WestRock from the HOS regulations that prohibit drivers from operating property-carrying CMVs after 14 hours on duty and require 10 hours off duty before resuming driving. The exemption allows WestRock’s drivers to transport paper mill products short distances on a public road between its shipping and receiving locations without complying with those HOS limits. This exemption is effective from April 17, 2024, through April 16, 2029.

FMCSA Renews AFTC of ATA Cargo Securement Exemption
On Oct. 22, FMCSA  its decision to renew an exemption requested by the Agricultural and Food Transporters Conference (AFTC) of American Trucking Associations (ATA), which will allow certain alternative methods for the securement of agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, as well as hay, straw and cotton bales that are grouped together into large singular units. This exemption is effective April 15, 2024, through April 15, 2029.

FMCSA Renews ACC of ATA and AHAA Exemption
On Oct. 22, FMCSA  its final decision to renew an exemption requested jointly by the Automobile Carriers Conference (ACC) of ATA and the Auto Haulers Association of America (AHAA) to relieve motor carriers operating stinger-steered automobile transporter equipment from the requirement to place warning flags on projecting loads of new and used motor vehicles. This exemption is effective Aug. 9, 2024, through Feb. 15, 2029, unless revoked earlier. Comments are due by Nov. 21.

FMCSA Requests Comments on VSNA Smart-Vision Exemption
On Oct. 18, FMCSA  comments on an application for exemption from Vision Systems North America Inc. (VSNA) which would allow motor carriers to operate CMVs with the company’s Smart-Vision high-definition camera monitoring system installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations. Comments are due by Nov. 18.

FMCSA Requests Comments on Daimler CDL Exemption
On Oct. 15, FMCSA  comments on an application for exemption from Daimler Trucks North America LLC (Daimler) which would exempt six drivers who hold foreign commercial driver’s licenses (CDL) from the requirement to hold a CDL issued by a U.S. state when operating a CMV. Daimler is requesting an exemption so these drivers can test-drive Daimler vehicles on U.S. roads to better understand product requirements in real-world environments and verify results. Comments are due by Nov. 14.

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.