Regulatory and Legislative Update

ASECTT

 

FMCSA proposes to mandate that states adopt DataQs reforms

 

Among a package of “pro trucker” actions announced by DOT Secretary Sean Duffy on June 27, FMCSA is proposing revisions to the Motor Carrier Safety Assistance Program (MCSAP) aimed at ensuring that states provide due process for users of the DataQs system. In a Federal Register notice, the agency said the requirements “aim to improve the impartiality, timeliness, transparency, and fundamental fairness” of the process for handling requests for data review (RDRs). The proposed requirements would apply only to RDRs regarding state-owned data and would not apply to federally owned data.

 

FMCSA proposes that states adopt a multi-level review process for RDRs, escalating the review from DataQs analysts in state MCSAP lead agencies to responsible decision-makers or panels of subject matter experts. Each RDR would be evaluated based on the documentation and evidence provided by the submitter of the RDR, along with any state documents or evidence. Each state would be required to submit a DataQs Regulation and Enforcement Regulatory and Legislative Update – July 2025 2 Implementation Plan to FMCSA detailing how it will meet FMCSA’s requirements for each stage of the RDR review process. Among other things, states must establish points of contact for crash and inspection RDRs. They also must accept and conduct “a good faith review” of all inspection-related RDRs that are submitted within three years from the date of inspection or five years from the date of a crash.

 

The Federal Register notice outlines more detailed requirements that state implementation must meet. Comments are due September 2. For details of FMCSA’s proposed requirements to be met by states, see the Federal Register notice at https://www.federalregister.gov/d/2025-12059.

 

DOT to audit states’ management of non-domicile CDLs

DOT Secretary Sean Duffy announced on June 27 that the department is launching a nationwide audit into state practices in issuing non-domicile commercial driver’s licenses (CDLs) with a focus on ensuring that individuals obtaining CDLs are qualified and properly documented and that federal standards are being met across the U.S. In the same April 28 executive order demanding that failure to demonstrate adequate English language skills be restored to an out-of-service violation, President Trump directed DOT and the Federal Motor Carrier Safety Administration (FMCSA) to review non-domicile CDLs “to identify any unusual patterns or numbers or other irregularities.” The executive order further directed DOT and FMCSA to “evaluate and take appropriate actions to improve the effectiveness of current protocols for verifying the authenticity of both domestic and international commercial driving credentials.”

 

The ultimate objective of the audit is unclear. It is conceivable that DOT could determine that states are not able to ensure the validity of driver credentials for non-domicile CDLs, potentially resulting in regulatory or legislative action to bar the practice.

 

FMCSA and NHTSA withdraw joint rulemaking on speed limiters

Nearly a month after DOT Secretary Sean Duffy announced the department’s intent to do so, FMCSA and the National Highway Traffic Safety Administration formally withdrew their joint rulemaking published in September 2016 to require speed limiting devices on vehicles with gross vehicle weight ratings of more than 26,000 pounds. The action also withdraws an advance notice of supplemental rulemaking on the issue that FMCSA had published in May 2022.

 

In a Federal Register notice, NHTSA and FMCSA said that they “have determined that the 2016 NPRM lacks a sufficiently clear and compelling safety justification for its implementation and raises significant concerns regarding federalism.” The notice further states that the agencies’ “research and analyses contained significant data gaps regarding potential safety benefits and economic impacts, and information obtained through the public comment process did not provide the information necessary to proceed to a final rule.” For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13928.

 

‘Pro trucker’ initiatives to include HOS pilot programs, double-brokering focus

In addition to regulatory items announced June 27, FMCSA announced other policies and initiatives it termed as being “pro-trucker.” For example, the FMCSA committed that it would not extend the electronic logging device (ELD) mandate to pre-2000 model year trucks, although it’s not clear that any effort to do so was likely anyway. The agency also said it was renewing its focus on combating unlawful double brokering, although it did not elaborate on what that would involve. However, the agency did say that it would release a modernized National Consumer Complaint Database (NCCDB) update by the end of September and that it would expand NCCDB complaint categories to include property brokers.

 

DOT and FMCSA also announced plans to conduct two new pilot programs to test changes in the hours-of-service regulations. One will allow drivers to split their 10-hour off-duty period into more flexible combinations. The other pilot program will allow drivers to pause their 14-hour on-duty periods for up to three 3 hours a day. FMCSA had announced plans for the 14-hour pause pilot program in the latter months of the first Trump administration, but the idea was not continued into the Biden administration.

 

FMCSA grants temporary waiver, guidance on electronic medical certification

States were required in June to integrate medical examiner certification electronically into the commercial driver’s licensing process, but FMCSA has issued a temporary waiver allowing CDL holders and carriers to continue to rely on paper copies for up to 15 days after the certificate is issued. The waiver is in effect until October 12. The agency said it recognizes that some drivers may face delays as certified medical examiners and state driver’s licensing agencies transition from the paper-based process. For more information on the rule, visit https://nationalregistry.fmcsa.dot.gov/nriilearning-center.

In announcing the rule’s implementation on June 23, FMCSA noted that 37 states were fully compliant with the new regulation. On July 7, the agency issued guidance for medical examiners, drivers, and motor carriers in states where the integration rule has not been fully implemented. For that guidance, visit https://www.fmcsa.dot.gov/guidance.

 

Propane group seeks winter-time HOS exemption

FMCSA requests public comment by August 15 on an application submitted by the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements between December 15 and March 15 each year to enable the propane industry to better prepare and respond to emergencies threatening human health and safety during the winter. The association requests an exemption to allow drivers to drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and to replace the 34-hour restart with a 24-hour restart with prior notice by NPGA to FMCSA.

The original deadline for comments was July 31, but FMCSA extended the deadline 15 days following a request from the New York Department of Transportation, which had sought an extension until August 29. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12204.

 

Carrier wants to use alternatives to driver application requirements

FMCSA requests public comment by July 31 on an application submitted by CloudTrucks, LLC for an exemption from certain requirements of the application for employment regulations. Specifically, CloudTrucks seeks an exemption from the requirement to collect the following information from prospective drivers: (1) list of employers’ names and addresses; (2) dates of employment; (3) reason for leaving; (4) nature of the position the driver held, and (5) if the driver was subject to the alcohol and controlled substances testing requirements.

 

Instead, CloudTrucks proposes using its own verification process that consists of cross-referencing national databases to include HireRight’s Drive-A-Check (DAC) report, FMCSA’s Drug and Alcohol Clearinghouse (DACH), Pre-employment Screening Program (PSP), and the Commercial Driver’s License Information System (CDLIS). For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12205.

 

FMCSA seeks comments on renewal of intermodal inspection exemption

FMCSA requests public comment by July 31 on an application from the Intermodal Association of North America to renew its exemption allowing individuals who complete a training program consistent with IANA’s Intermodal Recommended Practices to be considered qualified inspectors for the purposes of the periodic inspection rule or qualified brake inspectors for under the brake system inspection repair and maintenance requirements. For the Federal Reister notice, visit https://www.federalregister.gov/d/2025-12203.

 

FMCSA grants transit group partial relief on CDL skills test

FMCSA has granted in part but denied in part an application from the American Public Transportation Association (APTA) for an exemption on behalf of public transit agencies and their contractors related to the Regulatory and Legislative Update – July 2025 4 commercial driver’s license (CDL) skills test. Specifically, FMCSA is allowing state driver licensing agencies the option to waive the “under-the-hood” portion of the pre-trip vehicle inspection skills test under the condition that drivers issued CDLs are restricted to intrastate operation of transit buses. FMCSA rejected APTA’s application request to allow drivers issued a CDL under the exemption to operate in interstate commerce. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13283.

 

Budget reconciliation bill enacted without carrier selection language

The House of Representatives on July 3 passed the Senate-passed version of the budget reconciliation bill (H.R. 1), giving final passage to a version of the legislation that did not include the House provision that would have granted a safe harbor for brokers and forwarders in selecting motor carriers. President Trump signed the legislation – commonly known as the “One Big, Beautiful Bill” – on July 4.

It is unclear whether a more normal legislative process would have resulted in the adoption of the safe harbor language. Trump pushed lawmakers to pass the final version by the Fourth of July, so rather than having the traditional negotiation between key House and Senate leaders, the only practical option available was for the House to pass the Senate version of the bill, which did not include the provision. For more information on H.R. 1, visit https://www.congress.gov/bill/119th-congress/house-bill/1.

 

Senate committee to vote July 30 on FMCSA administrator nomination

The Senate Commerce Committee plans to vote July 30 on the nomination of Derek Barrs to be FMCSA administrator. Barrs is a former Florida Highway Patrol chief who most recently worked for the infrastructure development firm HNTB. He had served in various leadership roles within the Florida Department of Highway Safety and Motor Vehicles from 2001 to 2020. He also has served on the American Trucking Associations’ Law Enforcement Advisory Board and previously served as the Florida Highway Patrol’s lead representative to the Commercial Vehicle Safety Alliance.

 

The committee held a July 16 hearing regarding the nomination of Barr as well as individuals nominated to be administrators of the National Highway Traffic Safety Administration and the Pipeline and Hazardous Materials Safety Administration. To view a recording of the hearing, visit https://www.commerce.senate.gov/hearings.

 

Bill would count hair testing results as ‘actual knowledge’ of drug use

Rep. Rick Crawford (R-Arkansas), a senior member of the House Transportation & Infrastructure Committee, introduced legislation (H.R. 4320) that would require FMCSA to add positive hair drug testing results to its current definition of an employer’s “actual knowledge” of a truck driver’s drug use. Although the 2015 law known as the FAST Act recognized hair testing as an acceptable alternative to urine testing for purposes of pre employment testing of drivers, the Department of Health and Human Services still has not met its statutory obligation to issue the necessary regulations.

 

Under the bill, a positive result from hair testing would be recorded in the drug and alcohol clearinghouse as actual knowledge. For more on H.R. 4320, visit https://www.congress.gov/bill/119th-congress/house-bill/4320.

 

Bill would preempt state regulation of autonomous trucking

Rep. Vince Fong (R-California) introduced legislation (H.R. 4661) that would preempt state laws requiring a human occupant in an automated driving systems (ADS)-equipped commercial motor vehicle. The bill would Legislation Regulatory and Legislative Update – July 2025 5 mandate a federal framework for Level 4 or 5 automation and authorize interstate testing and operation of fully automated trucks without human or remote drivers onboard.

 

The legislation also would codify FMCSA’s 2018 interpretation that federal safety regulations don’t require a human driver. It would direct FMCSA to update rules by 2027 for ADS-equipped vehicles that would exempt fully autonomous trucks from human-specific requirements, such as hours of service and drug testing, for example. H.R. 4661 also would codify that a flashing, cab-mounted warning beacon may be used instead of warning triangles for disabled commercial vehicles, aligning with a 2023 FMCSA exemption request. For more on H.R. 4661, visit https://www.congress.gov/bill/119th-congress/house-bill/4661.

 

Sixth Circuit allows negligent selection claim to proceed against TQL

A second federal appeals court has ruled that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a negligent selection claim against a freight broker. On July 8, the U.S. Court of Appeals for the Sixth Circuit ruled that a claim that Total Quality Logistics ignored a carrier’s poor safety record rests on a theory of liability that “comports with the FAAAA’s recognition that motor vehicles are core to the services provided by brokers, as well as the basic reality that brokers are ultimately responsible for placing such motor vehicles on the road, even if those motor vehicles are driven and owned by a different entity.” The ruling sends the case back to the U.S. district court, which had ruled that the claim against TQL was preempted by FAAAA. For the court’s opinion, visit https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0177p-06.pdf.

 

The latest ruling means that four federal appeals courts have ruled on the question of whether FAAAA’s exception allowing states to regulate the safety of motor vehicles applies to brokers that – unlike motor carriers – do not operate vehicles. The U.S. Court of Appeals for the Ninth Circuit also ruled in 2020 that such claims are not preempted, but since then two other federal appeals courts – the Eleventh Circuit and Seventh Circuit – have ruled that because brokers do not operate vehicles, plaintiffs cannot rely on FAAAA’s safety exception. The U.S. Supreme Court previously declined to review the Ninth Circuit’s ruling, but a clear split among courts might lead the court eventually to consider the scope of FAAA preemption.

CSA under (re)construction: Will proposed changes more accurately reflect a carrier’s crash risk?

In 1980, there were about 18,000 motor carriers in the U.S. The Motor Carrier Act of 1980 removed the cumbersome process of becoming a motor carrier.

 

Cliff Abbott

It was the beginning of what P. Sean Garney, co-director of Scopelitis Transportation Consulting, describes as “the rise of the small carrier.” By 1986, more than 200,000 carriers were operating. As of 2025, that number has grown to over 466,000 for-hire carriers, plus another 175,000 private carriers.

Determining which of those carriers should be targeted for regulatory intervention is a daunting task.

The Federal Motor Carrier Safety Administration (FMCSA) hopes that upcoming changes to its Compliance, Safety and Accountability (CSA) program will help the agency zero in on carriers that present a safety risk while providing clearer insight to all carriers about how they compare to others.

The FMCSA implemented the CSA program in 2010. As modernization of computerized information systems was making sharing of trucking industry data faster and more universal, CSA used data taken from crash reports, vehicle and driver inspections, and carrier audits to identify high-risk carriers.

Why change CSA?

From the beginning, carriers complained about the way safety scores were calculated, questioning whether scores really related to crash risk. After all, insurance rates, customer decisions and driver employment decisions are all impacted by CSA scores, so carriers can be negatively impacted by their scores even without FMCSA intervention.

The Fixing America’s Surface Transportation (FAST) Act, signed into law in December 2015, required a comprehensive study of the CSA program’s Safety Measurement System (SMS), conducted by the National Academies of Sciences, Engineering and Medicine. The Act directed that CSA scores not be publicized until revisions were made. The proposed CSA program revision is the agency’s response.

Say bye-bye to the ‘BASICs’

One of the most noticeable of the FMCSA’s proposed changes is the elimination of the seven familiar BASICs (Behavioral Analysis and Safety Improvement Categories). They will be replaced with six “Compliance Categories.” The current “Controlled Substance and Alcohol” BASIC will now be a part of the “Unsafe Driving” category, as will all Out of Service (OOS) violations.

The Vehicle Maintenance category will see changes as well. The 410 potential violations listed under the category will be divided into two groups, with 312 of them (78%) listed in the “Vehicle Maintenance: Driver Observed” subcategory. These violations are generally those that the driver could identify during a pre- or post-trip inspection, without crawling under the truck.

“This will require carriers to double down on the DVIR (Driver-Vehicle Inspection Report) process, and that’s sometimes difficult to impose on drivers,” Garney noted.

A list of Compliance Categories and the violations listed under each is available as an automatic download here.

Violation severity ratings

Perhaps of greater interest to many carriers are proposed changes in violation severity ratings. Currently they’re rated on a scale of 1-10, with more serious violations earning higher scores. According to Garney, some of those scores seem arbitrary.

“A seat belt violation is a seven?” he asked. “Some carriers might wonder how a driver not wearing a seat belt increases their risk of a crash.”

Under the revised CSA, violations will be assigned one point each — with the exception of violations that result in the driver being placed out of service (OOS). Those more serious violations will be assigned two points.

“This could impact fleets that have a pattern of committing minor violations and how they compare to fleets that commit more severe ones (albeit less frequently),” explained Rob Abbott, vice president at Fleetworthy Solutions.

Additionally, carriers currently receive points for violations that occurred in the past two years. Under the proposed program, the violation must have occurred within the preceding 12 months, with the exception of violations in the Unsafe Driving and Crash categories, which will continue to have a longer history tracked.

“This is a small victory for fleets that have deliberately addressed their prior deficiencies and improved their performance from the previous year,” Abbott said.

Violation ‘grouping’

Another change that could benefit carriers is the grouping of similar violations. Multiple violations in one category will be assigned one total point, rather than scored individually. The current 973 violations will be consolidated into 116 violation groups.

In a January webinar hosted by FMCSA, Wesley Russell from the agency’s Compliance Division used the example of a driver who receives violations for the 14-hour rule, the 11-hour rule, a rest break and a 70-hour rule.

“If all of those are in the same group, we’re going to issue only one point — even if the inspection has all of those on it,” he explained.

More changes

The way carriers are categorized by type will change as well, with clearer differentiation between carriers that primarily operate straight trucks and those that run combination vehicles.

The miles cap for the Unsafe Driving and Crash categories will move to 250,000 miles, and intervention thresholds are changing too. The threshold for general freight carriers — currently 80% — will rise to 90%, with hazmat carriers rising from 75% to 85%.

However, Garney cautions, “data quality and sufficiency is the key to accuracy, so carriers should remain vigilant.”

When will all this happen?

While the FMCSA has released information about what’s in the revised CSA program, when it will take effect is still in question. Scheduled agency webinars in March and April were cancelled.

In addition, on March 21 Adrienne Camire, the FMCSA’s previously announced acting administrator, was abruptly removed from the agency website. On March 24, President Donald Trump nominated Derek Barrs for the spot.

Once the FMCSA’s leadership is settled, perhaps the agency will move forward on the final ruling, which is expected to contain few changes from the information already issued.

Phase 3 of the process will include the new methodology and a revised website, and the final ruling will allow a time period until implementation.

“As with all changes to the scoring system, there will be some winners and losers — especially when you consider that the scores reflect comparative performance,” Abbott acknowledged. “But, for the most part, these adjustments will address some common objections and subdue some criticisms of the program.”

FMCSA aims to make NCCDB, Driver Resource page beneficial to truck drivers

Mark Schremmer

Two of the U.S. Department of Transportation’s nine “Pro-Trucker” initiatives set out to make resources more accessible to truck drivers.

That includes an overhaul of the Federal Motor Carrier Safety Administration’s National Consumer Complaint Database and an upgrade to the agency’s Driver Resource webpage.

NCCDB

The NCCDB was created as a way for truckers to file complaints to FMCSA about coercion, fraud and unsafe practices. Under the DOT’s initiative, the NCCDB is being migrated to a modern customer service platform to be user-friendly and mobile-friendly. The DOT said the first updates will be made by Sept. 30.

Earlier this year, the Owner-Operator Independent Drivers Association told Congress that the system needed a complete overhaul. OOIDA Executive Vice President Lewie Pugh testified that the NCCDB has been unresponsive to truck drivers’ complaints. Additionally, OOIDA said that the name is misleading and should be changed.

In comments filed to FMCSA on Monday, July 7, OOIDA thanked the agency for taking steps to address the problems.

“We support FMCSA’s efforts for launching critical improvements by Sept. 30, which will streamline the response process, improve response timeliness, expand complaint categories to include property brokers and initiate enforcement action when applicable,” OOIDA wrote in comments signed by President Todd Spencer.

OOIDA also used the comments to elaborate on a potential name change.

“Many drivers are also unaware that the NCCDB is available for them to report violations of commercial regulations, nor are they aware that other complaints can be handled through the NCCDB,” Spencer wrote. “We believe ongoing NCCDB changes can be supplemented simply by changing the name of the system. Possible suggestions for a more logical name would be the ‘National Truck Safety Hotline’ or the ‘Truck Safety and Compliance Hotline.’ A new, more practical name would help raise the platform’s awareness among professional truckers and improve its utilization.”

Driver Resources

FMCSA is upgrading its digital tools to provide better support for drivers and to make the tools mobile accessible.

FMCSA’s Driver Resource page is designed to provide truck drivers with important information about many of OOIDA’s core issues, such as entry-level driver training.

Additionally, the webpage informs drivers about emergency declarations, tips on how to drive safely and how to stay healthy while out on the road.

On June 27, the DOT announced a commitment to improving the profession for truck drivers by reducing burdensome regulations, modernizing driver resources and cracking down on bad actors.

The nine initiatives:

  1. Increase truck parking capacity
  2. Withdraw speed limiter rulemaking
  3. Increase hours-of-service flexibility
  4. Improve FMCSA’s driver resource page
  5. Reform DataQ
  6. Modernize National Consumer Complaint Database
  7. Address unlawful brokering
  8. Maintain ELD exemption on pre-2000 engines
  9. Remove “needless” regulations

CVSA News

Non-Compliance with English Language Proficiency Regulation Takes Effect as an Out-of-Service Driver Violation

Effective June 25, non-compliance with Title 49 Code of Federal Regulations (CFR) 391.11(b)(2) is now a driver out-of-service violation. CFR 391.11(b)(2), “General qualifications of drivers,” states that a driver must be able to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.

 

Order OSD Week Postcards by July 3

Operation Safe Driver (OSD) Week is July 13-19, and the deadline to order OSD Week postcards is July 3. We will ship the postcards to jurisdictions and industry members free of charge.

 

Nearly 400 CMVs Removed from North American Roadways in One Day Due to Brake Violations

Inspectors in 45 jurisdictions throughout Canada, Mexico and the U.S. conducted 4,569 commercial motor vehicle (CMV) inspections and placed 398 (8.7%) of those vehicles out of service due to brake-related violations as part of CVSA’s unannounced one-day brake-safety inspection and enforcement event. Of the 4,569 inspections conducted on April 22, 4,171 CMVs did not have any brake-related out-of-service violations – 91.3% of the total number of vehicles inspected.

 

Check Out Two New ‘Inspector Focus’ Video Tutorials

CVSA created two new CVSA Inspector Focus video tutorials on two new inspection bulletins. Each CVSA Inspector Focus video tutorial features slides and audio guidance, along with a brief knowledge test to earn a virtual completion badge.

  1. We’ve put together an eight-minute video tutorial outlining the new 2025-02 – ExTe Com90 Load Securement inspection bulletin.
  2. In a 10-minute tutorial, we go over the new 2025-03 – Electronic Parking Brake Control Systems inspection bulletin.

To access the tutorials, log in to your CVSA member portal. Select “Learning,” then click on “Member Login” at the top of the page to log into the learning portal. Click on “Driver/Vehicle Inspections” from the top navigation, select “Vehicle Inspections,” then scroll down to the “Inspector Focus” heading.

 

Check Out the New ‘Quick Fix’ Training Video on CVSA Decals

In our new 14-minute Quick Fix video, you’ll learn about the importance of the CVSA decal, issuance requirements, re-inspection guidance, and decal application, validity and placement. To access this training video, log in to your CVSA member portal, select “Learning,” then click on “Member Login” at the top of the page to log into the learning portal. Click on “Operational/Administrative,” then scroll down to the “Quick Fix Training Videos” heading where you’ll see the video titled “CVSA Decals.”

 

Registration Is Open for the CVSA Annual Conference and Exhibition

Register for the CVSA Annual Conference and Exhibition, which will be held Sept. 21-25, in Denver, Colorado. This premier meeting offers the opportunity for government officials, enforcement and industry to collaborate and affect meaningful changes and improvements to the overall culture of CMV safety throughout North America.

 

Registration Is Open for CVSA/ISWIM Workshop

CVSA and the International Society for Weigh-In-Motion (ISWIM) will host a one-day workshop on weigh-in-motion technology, implementation and applications. The CVSA/ISWIM Workshop will be offered virtually and in-person in Denver, Colorado, on Sunday, Sept. 21, co-located with the CVSA Annual Conference and Exhibition. There is no fee to attend the workshop; however, advance registration is required. Note: Although held at the same location, this workshop and the annual conference are two separate events and require separate event registration.

 

Register for NAIC

Volunteers and jurisdictions’ inspector competitors may register for the North American Inspectors Championship (NAIC). The championship will take place Aug. 19-23 in Minneapolis, Minnesota, in conjunction with the American Trucking Associations’ National Truck Driving Championships and National Step Van Driving Championships. At NAIC, inspectors will not only compete against other inspectors from jurisdictions across North America, they’ll also receive training on the latest CMV safety trends, technologies, standards and inspection procedures while sharing ideas, information and experiences with fellow inspectors.

 

Update on Relevant U.S. Regulations

FMCSA Requests Comments on Revisions to DataQs Requirements

On July 1, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on proposed revisions to the DataQs requirements for Motor Carrier Safety Assistance Program grant funding in response to comments and announced a 60-day comment period. FMCSA also addressed comments received in response to the agency’s Federal Register notice titled, “Appeal Process: Requests for Data Review.” Comments are due by Sept. 2.

 

PHMSA Requests Comments on Adoption of U.S. DOT SP 14175

On July 1, the Pipeline and Hazardous Materials Safety Administration (PHMSA) requested comments on the notice of proposed rulemaking (NPRM) adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 14175 into the hazardous materials regulations (HMR) to authorize a 10-year requalification period when using the ultrasonic examination testing method for U.S. DOT specification 3A and 3AA used for flammable and non-flammable, nonpoisonous gas service. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Adoption of U.S. DOT SP 21287

On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21287 into the HMRs to streamline the transportation of small refrigerating machines that contain limited quantities of certain flammable gases. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Adoption of U.S. DOT SP 21379

On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21379 into the HMRs to streamline the transportation of large refrigerating machines filled with flammable gases. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Adoption of U.S. DOT SP 21478

On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21478 into the HMRs authorizing intermediate bulk containers containing a residue of a certain hazardous materials to be transported without shipping papers, placards and motor vehicle marking of the UN identification number subject to additional operational controls. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Adoption of U.S. DOT SPs 12412 and 11646

On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SPs 12412 and 11646 into the HMRs which would eliminate the need for special permit renewal requests. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Expanding FCA Authority

On July 1, PHMSA requested comments on the NPRM proposing to expand the Fireworks Certification Agency’s (FCA) authority to approve fireworks constructed to the American Pyrotechnics Association (APA) 87-A standard to include those fireworks constructed to the APA 87-1B and APA 87-1C standards. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Special Permits and Approval Renewals

On July 1, PHMSA requested comments on the NPRM proposing to allow a grantee to file an application to renew a special permit or approval any time before its expiration date rather than requiring the application to be filed 60 days in advance. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Training Requirements for Farmers

On July 1, PHMSA requested comments on the NPRM proposing to adjust the exceptions for in-depth security training requirements for farmers by raising the dollar amount of the exception threshold to account for inflation. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Special Permit Packagings

On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to allow for the continued use of packagings authorized under a manufacturing special permit for duration of the useful life of the package. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Domestic Aerosol Shippers

On July 1, PHMSA requested comments on the NPRM proposing to update the definition of an aerosol. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Amending the MOT Exceptions

On July 1, PHMSA requested comments on the NPRM proposing to amend the materials of trade (MOT) exceptions to allow for the transportation of increased quantities of lithium batteries. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Reduced-Sized Markings

On July 1, PHMSA requested comments on the NPRM proposing to allow for a reduced-sized marking for limited-quantity shipments of hazardous materials. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Allowing Electronic Certificate of Registration

On July 1, PHMSA requested comments on the NPRM proposing to revise the hazardous materials program procedures to allow motor and vessel carriers the option to carry their PHMSA certificate of registration in electronic form. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Allowing Electronic Copies of Emergency Response Information

On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to provide domestic motor carriers the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper. Comments are due by Sept. 2.

 

PHMSA Requests Comments on Removing List of EPA Hazardous Substances

On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to remove redundant pages contained in an appendix that repeats references already listed in U.S. Environmental Protection Agency (EPA) regulations. Comments are due by Sept. 2.

 

U.S. DOT Announces Meeting of U.S. DOT Advisory Board

On June 30, the U.S. DOT announced a public meeting of the U.S. DOT Advisory Board. The meeting will take place on July 16, and virtual participation is available.

 

FMCSA Requests Comments on Transportation of Household Goods; Consumer Protection ICR

On June 25, FMCSA requested comments on the Transportation of Household Goods; Consumer Protection information collection request (ICR), which applies to household goods motor carriers who are procured by the public to transport their household goods. Comments are due by July 25.