Regulatory Update – September 13, 2024

Update on Relevant Canadian Regulations

CCMTA Requests Comments on the Technical Standard for ELDs
The Canadian Council of Motor Transport Administrators (CCMTA) requested comments on the updated version of the Technical Standard for Electronic Logging Devices – Draft Version 1.3. The approved ELD Technical Standard will be published in 2025. Comments are due by Nov. 12.

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Road Test Requirement ICR
On Sept. 13, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on the Road Test Requirement information collection request (ICR) which estimates the information burden incurred by motor carriers associated with the road test requirements in multiple circumstances. Comments are due by Nov. 12.

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

FMCSA Extends Regulatory Review Comment Period
On Sept. 11, FMCSA extended the comment period for its Aug. 13 notice of review of guidance which requested public comment identifying and providing input on existing guidance documents for revision or rescission. Comments are due by Sept. 26.

Update on Exemptions

FMCSA Requests Comments on HDOT CDL Exemption Application
On Sept. 11, FMCSA requested comments on Hawaii Department of Transportation’s (HDOT) application for exemption from the commercial driver’s license (CDL) rules concerning acceptable proof of citizenship or lawful permanent residency for citizens of Freely Associated States (FAS) who now reside in Hawaii and wish to obtain a CDL. If the exemption is granted, HDOT would be allowed to issue standard commercial learner permits (CLPs) and CDLs to FAS citizens, rather than issuing non-domiciled CLPs and CDLs. Comments are due by Oct. 11.

FMCSA Grants HDOT CDL School Bus Endorsement Exemption
On Sept. 10, FMCSA granted an exemption to HDOT to allow CDL holders with a passenger (P) endorsement to operate a school bus without holding a school bus (S) endorsement, provided an adult chaperone is present on the bus who is responsible for ensuring the safe loading and unloading of children. This exemption applies to drivers operating traditional school buses, i.e., buses designed to be school buses, and to motorcoaches and vans not designed to be school buses. The exemption is effective Sept. 10, 2024, through Sept. 10, 2029.

FMCSA Grants GLTPA Exemption
On Sept. 10, FMCSA granted a limited five-year exemption to the Great Lakes Timber Professionals Association (GLTPA) on behalf of motor carriers in Wisconsin to use cargo securement methods that do not comply with the Federal Motor Carrier Safety Regulations. The exemption covers securing shortwood logs transported lengthwise in crib-type vehicles that have been modified or manufactured without front structures, rear structures, or which have a center-mounted crane for loading and unloading. FMCSA has determined that the use of the alternate cargo securement method will likely achieve a level of safety that is equivalent to, or greater than the level of safety achieved by the current regulation. This exemption is effective Sept. 10, 2024, through Sept. 10, 2029, unless revoked earlier.

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.