Update on Relevant U.S. Regulations
FMCSA Requests Comments on Safe Driver Apprenticeship Driver Program ICR
On Sept. 20, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on the Safe Driver Apprenticeship Driver Program information collection request (ICR). The ICR allows FMCSA to continue data collection under a pilot program which seeks to determine the safety impacts of allowing 18- to 20-year-old commercial driver’s license (CDL) holders to operate commercial motor vehicles (CMV) in interstate commerce. Comments are due by Oct. 21.
FMCSA Announces FMCSA Registration Modernization Stakeholder Day
On Sept. 20, FMCSA announced a public meeting to engage stakeholders and gain perspectives on improving the registration experience with FMCSA. This is the third iteration of the FMCSA Registration Modernization Stakeholder Day. This hybrid (in-person and virtual) meeting will be held on Oct. 21. Advanced registration is required.
FMCSA Requests Comments on Medical Qualification Requirements ICR
On Sept. 17, FMCSA requested comments on Medical Qualification Requirements ICR, which is for ensuring that drivers, motor carriers and states are complying with the physical qualification requirements of CMV drivers. Comments are due by Nov. 18.
FMCSA Announces Two Upcoming TLTF Meetings
On Sept. 17, FMCSA announced two upcoming meetings of the Truck Leasing Task Force (TLTF). The meetings will be held on Oct. 30 and Nov. 20. Advanced registration is required.
PHMSA Releases Interpretation Related to the Transportation of Aqueous Solutions of Alcohol
On Sept. 12, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a clarification to the Hazardous Materials Regulations (HMR) related to the transportation of aqueous solutions of alcohol. PHMSA shared that if the ammonia component found in the concentration present in the aqueous solutions of alcohol does not meet the definition of a “hazardous material” in 49 Code of Federal Regulations § 171.8 and does not cause the mixture to meet the definition of an additional hazard class, then the presence of the ammonia component does not preclude the mixture from eligibility for the exception in § 173.150(e).
PHMSA Releases Interpretation Related to Packaging Requirements for Lithium-Ion Batteries
On Sept. 9, PHMSA released a clarification to the HMR related to packaging requirements for lithium-ion batteries. PHMSA shared that § 173.185(b)(3)(i) requires lithium cells or batteries to be placed in nonmetallic inner packagings that completely enclose the cells or batteries and separate the cells or batteries from contact with equipment, other devices or electrically conductive materials in the packaging.
PHMSA Releases Interpretation Related to the Visibility and Display of Placards
On Aug. 29, PHMSA released a clarification to the HMR related to the visibility and display of placards. PHMSA shared that § 172.516(d) states that the means used to attach a placard may not obscure any part of its surface other than the borders except for a placard holder similar to that in Appendix C to Part 172.
PHMSA Releases Interpretation Related to ‘Emergency Shutoff’ Markings
On Aug. 22, PHMSA released a clarification to the HMR related to the “emergency shutoff” marking on cargo tanks. PHMSA shared that the secondary “emergency shutoff” marking located on the right rear side of the cargo tank does not meet the intent of § 172.328(d) because the marking is not in an area immediately adjacent to the means of closure.
Update on Exemptions
FMCSA Grants Oregon’s CDL Exemption
On Sept. 25, FMCSA granted a five-year exemption to the Oregon Department of Transportation (Oregon) from the CDL rules concerning acceptable proof of citizenship or lawful permanent residency for citizens of Freely Associated States who reside in Oregon and wish to obtain a CDL or commercial learner’s permit. The exemption is effective Sept. 25, 2024, through Sept. 25, 2029.
FMCSA Grants Encore Intellistop Module Exemption
On Sept. 23, FMCSA granted an application from Encore Flooring and Building Products (Encore) for an exemption to allow it to operate CMVs equipped with a module manufactured by Intellistop Inc. (Intellistop), which is designed to pulse the required rear clearance, identification and brake lamps from a lower-level lighting intensity to a higher-level lighting intensity four times in two seconds when the brakes are applied and then return the lights to a steady-burning state while the brakes remain engaged. This exemption is effective Sept. 23, 2024, through Sept. 24, 2029.
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.
Other Items of Interest
FMCSA Awards HP and CDLPI Grants
On Sept. 20, FMCSA announced more than $140 million in grants to states and educational institutions through the agency’s High Priority (HP) and Commercial Driver’s License Program Implementation (CDLPI) grants. Funding through these grant programs will help advance states’ technological capabilities and improve the national CDL program.