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Regulatory Update – May 13, 2022

Update on Relevant U.S. Regulations

FMCSA Publishes Notice of Revisions to National Hazardous Materials Route Registry
On May 11, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of revisions to the National Hazardous Materials Route Registry (NHMRR). The NHMRR is a listing, as reported by states and tribal governments, of all designated and restricted roads and preferred highway routes for transportation of highway route-controlled quantities of Class 7 radioactive materials and non-radioactive hazardous materials. The revisions were effective on May 11.

NHTSA Requests Renewal of Crash Avoidance Systems in Heavy Vehicles ICR
On May 10, the National Highway Traffic Safety Administration (NHTSA) published a notice and request for comments on the renewal of an information collection request (ICR) that is being used for a study on driver perception of crash avoidance systems in heavy vehicles. Comments are due by July 11.

FMCSA Requests Comments on State Inspection Programs for Passenger-Carriers ANPRM
On May 10, FMCSA published a notice and request for comments on an advance notice of proposed rulemaking (ANPRM) on state inspection programs for passenger-carriers. The Infrastructure Investment and Jobs Act (IIJA) requires FMCSA to solicit additional comments on an ANPRM that was originally published on April 27, 2016. The ANPRM sought feedback on the potential implementation of a requirement that passenger-carrier commercial motor vehicles be subject to an annual state inspection. After reviewing the initial comments, FMCSA withdrew the ANPRM on May 1, 2017. IIJA requires FMCSA to solicit additional comments and reconsider the ANPRM. Comments are due by June 9.

FMCSA Requests Renewal of COVID-19 Emergency Declaration ICR
On May 5, FMCSA published a notice and request for comments on the renewal of an ICR that is being used for the agency to collect information from motor carriers who qualify for the emergency declaration for COVID-19 relief. Comments are due by July 5.

NHTSA Seeks Input on Agency Performance
On May 4, NHTSA published a notice and request for comments on the agency’s plan to request approval from the Office of Management and Budget (OMB) to conduct an ICR to collect qualitative feedback on the agency’s service delivery. Comments are due by May 4.

FMCSA Requests Comments on Speed Limiter ANSPRM
On May 4, FMCSA published an advance notice of supplemental proposed rulemaking (ANSPRM) and request for comments on speed limiting devices. The notice states that FMCSA intends to proceed with a speed limiter rulemaking by preparing a supplemental notice of proposed rulemaking to the notice of proposed rulemaking that the agency published jointly with NHTSA on Sept. 7, 2016. The ANSPRM focuses on how a speed limiter requirement could be established by utilizing technology that is already installed in many commercial motor vehicles. Comments are due by June 3.

Update on Exemptions

FMCSA Grants Cleveland-Cliffs Steel HOS Exemption Request
On May 11, FMCSA granted an exemption for Cleveland-Cliffs Steal LLC to allow its drivers to operate for 16-hour on-duty periods. The exemption allows Cleveland-Cliff drivers, that transport scrap metal on two trucks between their production and shipping locations on public roads, to operate for a 16-hour on-duty period and be able to operate the following day without the required 10 consecutive hours off duty. The exemption is effective May 11, 2022-May 11, 2027.

FMCSA Denies ODE ELDT Exemption Request
On May 9, FMCSA denied an application from the Ohio Department of Education (ODE) for an exemption from the entry level driver training (ELDT) requirements. If granted, the exemption would have allowed ODE to continue using its “Pre-Service School Bus Training” curriculum.

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.