Regulatory Update – September 16, 2022

September 16, 2022

Update on Relevant U.S. Regulations

FMCSA Requests Comments on ELD ANPRM
On Sept. 16, the Federal Motor Carrier Safety Administration (FMCSA) published an advance notice of proposed rulemaking (ANPRM) requesting comments on ways to improve the clarity of current regulations on the use of electronic logging devices (ELD) and address certain concerns about the technical specifications raised by industry stakeholders. FMCSA is asking for comments in five areas in which the agency is considering changes: applicability to pre-2000 engines, addressing ELD malfunctions, the process for removing ELD products from FMCSA’s list of certified devices, technical specifications and ELD certification. Comments are due by Nov. 15.

PHMSA Publishes Updates on Special Permits
Also on Sept. 16, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published updates on special permit applications:

FMCSA Extends Medical Examiner’s Handbook and Medical Advisory Criteria Proposed Regulatory Guidance Comment Period
On Sept. 14, FMCSA published a notice extending the comment period for the agency’s notice of proposed regulatory guidance relating to the draft Medical Examiner’s Handbook, which includes updates to the Medical Advisory Criteria. Comments are now due by Oct. 31.

PHMSA Announces Lithium Battery Air Safety Advisory Committee Meeting
On Sept. 12, PHMSA announced a meeting of the Lithium Battery Air Safety Advisory Committee. The committee will meet on Oct. 20. The meeting will be held in person, and a virtual option is available.

FMCSA Publishes Correction to UCR Fees Final Rule
On Sept. 8, FMCSA published a correction to the agency’s Sept. 1 final rule making changes to UCR fees for the 2023 registration year and subsequent years.

FMCSA Requests Comments on ICRs
Also on Sept. 8, FMCSA published a notice and request for comments regarding two information collection requests (ICR):

FMCSA Seeks Comments on COVID-19 Emergency Declaration
On Sept. 7, FMCSA published a notice requesting comments on the COVID-19 emergency declaration, which currently expires on Oct. 15. The agency is seeking input concerning the extent to which motor carriers currently rely on the emergency declaration to deliver certain commodities and whether there has been any impact on safety. Comments are due by Sept. 21.

Update on Exemptions

Truck Renting and Leasing Association ELD Exemption Renewal
On Sept. 12, FMCSA published a notice of provisional award and request for comments on the Truck Renting and Leasing Association’s request that the agency renew its ELD exemption. The exemption allows drivers of property-carrying commercial motor vehicles rented for eight days or less, regardless of reason, to not use an ELD in the vehicle. These drivers remain subject to the standard hours-of-service limits and must maintain a paper record of duty status, if required. The renewed exemption is effective Oct. 12, 2022-Oct. 12, 2027. Comments are due by Oct. 12.

FMCSA Denies UPS Request to Reconsider ELDT Exemption
On Sept. 6, FMCSA announced its decision to deny reconsideration of the agency’s initial denial of the application for exemption filed by United Parcel Service Inc. (UPS). UPS originally sought exemption from a provision in the entry-level driver training (ELDT) final rule requiring two years of experience for training instructors, which FMCSA denied in December 2019.