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.
DataQs reform: FMCSA pivots to new state requirements for funding
Matt Cole
The Federal Motor Carrier Safety Administration on Tuesday published
responses to comments it received during a 2023 comment period
<https://www.overdriveonline.com/regulations/article/15634205/fmcsa-wants-co
ntrol-of-thirdstage-dataqs-appeals> on the proposed development and
implementation of a federal appeals process for Requests for Data Review
(RDRs) submitted to the agency through its DataQs system.
Additionally, as reported in part Friday, June 27, with the Department of
Transportation’s announcement of a raft of actions
<https://www.overdriveonline.com/regulations/article/15749575/dot-sets-forth
-regs-plan-for-parking-eldshours-flexibility-more> in the trucking
regulatory sphere, the agency is pivoting from that federal appeals system
to focus on the DataQs requirements for Motor Carrier Safety Assistance
Program (MCSAP) Grant funding.
The move comes in response to the comments filed, FMCSA said, many
recommending a more impartial review process than is currently the practice
in states. The agency “is proposing an approach to improve the fundamental
fairness” of the DataQs system by “implementing sufficient process
guardrails for States.”
If prior survey results are any indication, fundamental DataQs improvement
for timeliness and impartiality will be welcomed by many in trucking.
Overdrive readers earmarked DataQs process issues among several areas it
hoped the Trump administration and its DOGE effort could impact
<https://www.overdriveonline.com/voices/article/15738207/what-truckers-want-
doge-to-target-in-gov-relative-to-industry> . At once, delayed removal of
violations associated with court-adjudicated citations
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737200/how-to-challenge-erroneous-violation-crash-data-fmcsa-dataqs>
through DataQs may remain a problem, given local courts’ role in contesting
tickets.
As owner-operator Adam Mackey noted as part of prior reporting, “Fighting
tickets is now almost impossible” within the system. “Instead of having my
day in court, I have to submit multiple letters and get denied multiple
times until six to eight months later I finally might get my day in court.
Lawyers don’t understand it, and drivers don’t have the time or money to
jump through all the hoops.”
Nonetheless, the agency hoped the new changes it’s proposing will at least
“benefit users by ensuring appeals are reviewed in an independent,
impartial, uniform, and transparent manner, as well as providing timelines
for the initial request and appeals process.”
The agency’s previous idea first saw light in 2023
FMCSA’s 2023 notice proposed an appeal process for third-stage DataQs
reviews — or requests for change to a violation, crash or other information
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737200/how-to-challenge-erroneous-violation-crash-data-fmcsa-dataqs>
that have been rejected at least twice already, whether by state or federal
officials, with some limitations.
Currently, states are responsible for reviewing and resolving all “requests
for data review” (RDRs) within the DataQs system that pertain to the safety
data collected and reported in the Motor Carrier Management Information
System (MCMIS) by the state. The current system allows carriers to use the
DataQs system to request an RDR
<https://www.overdriveonline.com/regulations/article/15063812/how-to-dataq-t
o-challenge-a-violation> within the FMCSA system and, if applicable, provide
supporting documentation.
Depending on the nature of the request, the review is routed to the
appropriate DataQs program office. That office can vary considerably — it
can be a state agency, an FMCSA field office, or FMCSA headquarters — yet
most DataQs reviews are assigned to the appropriate state agency for review,
since states are most often uploading carrier data to MCMIS.
After a decision is made on the initial review, that decision can be
appealed — known as an “RDR Reconsideration” — which could be routed to
the same program office as the initial review or follow a different process
in some instances, FMCSA noted, depending on the review type. (Some states,
like Minnesota
<https://www.overdriveonline.com/overdrive-radio/podcast/15063931/dataqs-cra
sh-and-violation-appeals-process-in-minnesota> , put such
reconsiderations/appeals to a dedicated review team with at least some
industry representation.)
In its 2023 notice, FMCSA proposed that DataQs users would be able to
initiate a request for an FMCSA appeal, but only after both the initial
review and the RDR Reconsideration reviews have been denied. The agency
collected 54 comments in response to that notice, 42 of which were specific
to the changes proposed, FMCSA said. The “majority of the comments were
balanced in tone and supportive of FMCSA’s proposal to develop and implement
a federal appeals process for RDRs.”
Many comments “provided suggestions on improving the proposed appeals
process and DataQs program more broadly,” the agency added. In its responses
published July 1, FMCSA split the comments into three categories:
* Calls to improve the impartiality of the RDR process
* Suggested approaches for the federal appeals process and the DataQs
program
* Requests to enhance the timeliness of RDRs
Challenge-process impartiality
Thirty commenters asked that FMCSA improve impartiality in processing RDRs.
Of those, 13 commenters — including the National Association of Small
Trucking Companies, Owner-Operator Independent Drivers Association, Trucker
Nation and others — took issue with RDRs being reviewed by the officer,
inspector, or agency that performed the inspection or issued the violation.
The National Tank Truck Carriers (NTTC) group pointed out that “there are
many times that an inspector refuses to make a correction despite evidence
that they made a mistake,” FMCSA noted, while NASTC and Trucker Nation
offered recommendations to improve impartiality. NASTC suggested FMCSA
require states to “establish adjudication by independent third parties and
to disallow involvement in adjudication by any state or local body or other
party with [an] actual or appearance of conflict of interest, such as review
by the issuing officer or his or her supervisor.”
Trucker Nation added that the “issuing officer [should] serve only as an
information source for the analyst/adjudicator who is assigned to the RDR”
to enhance the objectivity of the RDR process.
Regarding requests asking that the RDR be reviewed again after the initial
decision, several commenters recommended FMCSA’s proposed state guidelines
include a requirement that such “RDR Reconsiderations” be addressed by a
reviewer different from the initial reviewer.
Several voices called for a standard, nationwide process for RDRs. Some
commenters also claimed to have their DataQs reviews closed without
explanation, “which led to assumptions of bias in the review process,” FMCSA
said.
FMCSA’s response
After analyzing comments, as noted at the top, FMCSA determined that “its
initial proposal for a federal-level appeals process would not sufficiently
address the due process issues that currently exist with State-reviewed
RDRs.”
Instead, the agency now proposed to improve fairness with new state
requirements, including changes to the MCSAP Grant requirements that “would
provide necessary guardrails for the RDR process, accountability for States,
and empower States to take more complete ownership of their DataQs
programs.”
Eligible RDRs, other process recommendations
Ten commenters called for FMCSA to expand the scope of RDRs eligible for
the federal appeals process. The Commercial Vehicle Safety Alliance said “it
is [not] practical to go through the effort that will be involved in
establishing and maintaining this federal appeals process if it will not
address the majority of the RDRs that would be submitted.” Other commenters
offered specifics on what specifically should be eligible, and Trucker
Nation suggested that all violation types should be eligible.
The American Trucking Associations supported a more limited scope for the
federal appeals process that was proposed in the 2023 notice
<https://www.overdriveonline.com/regulations/article/15634205/fmcsa-wants-co
ntrol-of-thirdstage-dataqs-appeals> , noting that “members raised concerns
that allowing all RDRs could create a myriad of submissions that lead to an
ineffective independent review process.”
The agency acknowledged that the proposed appeals process “was narrow in
scope by only reviewing requests pertaining to interpretation of regulations
and policies, leaving many RDRs to be reviewed under processes that exist
today.” FMCSA is now proposing “defined processes at each stage of review
that will apply to all RDRs submitted for State-collected data in DataQs.”
Six commenters recommended using review panels in the federal appeals
process and suggested criteria for those panels. FMCSA agreed and proposed
for its MCSAP Grant requirements that states use a panel of subject matter
experts in the decision-making process for RDR Reconsideration and final
review requests.
Four commenters said FMCSA should share federal appeals decisions publicly,
and four also recommended that FMCSA remove all data related to an active
RDR from public websites until an outcome is decided. The agency noted that
because the new proposal is state-centered and doesn’t include centralized
federal review, decisions from RDRs would not be posted publicly on FMCSA’s
website, but would be available to the parties involved with the RDR.
FMCSA didn’t agree with the suggestion to remove all data related to
pending RDRs from public view. “Removing this data creates opportunities for
requestors to ‘improve’ their safety records in the short term by submitting
frivolous RDRs, which would impact the efficacy of the DataQs program and
other FMCSA safety programs,” FMCSA said.
Timeliness of the DataQs process
Ten stakeholders voiced concerns around timeliness of current DataQs
processes. Establishing deadlines generally would improve the effectiveness
of the RDR process, some said, and others suggested specific timelines.
OOIDA recommended all RDRs be decided within 60 days of the initial request,
the initial review and RDR Reconsideration be completed within 30 days, and
the federal appeal review then in consideration within 30 days.
ATA recommended FMCSA provide “an outline of the expected review-time once
the RDR is received at the federal level, the steps the agency is taking to
address the backlog of current RDRs, and how the program implementation will
be handled.”
FMCSA agreed that timeliness is important. Proposed DataQs requirements for
MCSAP funding include timeline standards for each stage of review. Proposed
standards would require states to “open, review, and communicate a decision
within 21 days of the requestor’s submission of an RDR and RDR
Reconsideration requests, and within 30 days of the requestor’s submission
for Final Review requests,” the agency said.
FMCSA’s proposal for MCSAP Grant funding
The agency’s new proposal here would revise DataQs requirements for MCSAP
funding states receive to “ensure proper due process for users of the DataQs
system,” FMCSA said. “These requirements aim to improve the impartiality,
timeliness, transparency, and fundamental fairness of the RDR process,
thereby strengthening FMCSA’s ability to make data-driven decisions that
inform resource allocation, policy changes, and new initiatives to prevent
large truck and motorcoach-involved crashes and enhance safety on the
nation’s roads.”
The agency noted that the requirements would only apply to DataQs requests
on state-owned data and would not apply to federally-owned data, such as
requests submitted to the Crash Preventability Determination Program
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737291/preventable-or-not-when-to-use-dataqs-to-request-crash-reviews>
, petitions submitted to the Drug and Alcohol Clearinghouse Program, or
other FMCSA offices.
FMCSA’s proposal would require states to incorporate a multi-level review
process for RDRs, escalating the review from the DataQs analyst in the
state’s MCSAP Lead Agency to a responsible decision-maker or panel 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.
“States would be encouraged to adopt a multi-level review process
appropriate for their agency(s) structure to support independent evaluation
of the request,” the agency said. “This multi-level review process would
benefit the ability for requestors to get a fair and thorough response with
assessment from multiple evaluators within a state.”
States would also be required to submit a DataQs Implementation Plan to
FMCSA that details how their agency will meet the requirements for each
stage of the RDR review process.
The proposed requirements for states’ RDR review process can be seen in the
Federal Register docket here
<https://www.federalregister.gov/documents/2025/07/01/2025-12059/proposed-re
visions-to-dataqs-requirements-for-mcsap-grant-funding> .
FMCSA is accepting comments on the proposed requirements for states,
including to specific questions mostly directed at states
<https://www.federalregister.gov/d/2025-12059/p-86> , through Sept. 2.
Comments can be filed here.
<https://www.regulations.gov/commenton/FMCSA-2023-0190-0059>
The agency said following the comment period, a follow-up Federal Register
notice will respond to any comments received and announce the revised MCSAP
Grant requirements “with ample time prior to implementation.”
Goal Is to Help Carriers Gain Visibility Into Safety Reports Stored in
Records
Eric Miller
Federal trucking regulators have issued a public notice reopening a
lingering 2023 proposal seeking additional comments on how to improve the
DataQs process <https://www.ttnews.com/articles/fmcsa-dataqs-appeal-process>
that allows motor carriers to challenge the accuracy of data stored in state
and federal records.
DataQs is an online system for carriers, commercial motor vehicle drivers
and other interested parties to request and track a review of federal and
state crash and inspection data submitted to and stored by the Federal Motor
Carrier Safety Administration <https://www.fmcsa.dot.gov/mission/about-us> .
“This system is critical to allowing users to ensure the data FMCSA
maintains on them is accurate and complete,” the June 30 agency notice said.
“Users can review their own data and request corrections to erroneous or
incomplete data records.”
FMCSA received 54 docket comments in response to the 2023 FR notice before
it closed in November 2023. The commenters included motor carriers, drivers,
owner-operators, industry associations, safety consultants and members of
the enforcement community.
Among the goals for the DataQs review is to transfer more responsibility to
the states, according to the notice.
The agency’s response to the first round of stakeholder comments outlined
some of its notions of what can and can’t be changed in the system. The
review of the appeals process has been intended to benefit users by ensuring
their appeals are reviewed in an independent and thorough manner, as well as
providing timelines for when the initial request and appeals process should
be completed.
“The majority of the [public] comments were balanced in tone and supportive
of FMCSA’s proposal to develop and implement a federal appeals process for
requests for data reviews,” FMCSA said. “Many of the commenters provided
suggestions on improving the proposed appeals process and DataQs program
more broadly.”
FMCSA said it also is proposing revisions to the Motor Carrier Safety
Assistance Program Grant requirements. “These revised requirements would
provide necessary guardrails for the request for data review process,
accountability for states and empower states to take more complete ownership
of their DataQs programs,” the agency said.
FMCSA said commenters have requested more impartiality, uniformity and
transparency in the request for data review (RDR) process. However, after
review and consideration of these comments, FMCSA has determined its initial
proposal for a federal-level appeals process would insufficiently address
the due process issues that exist with state-reviewed RDRs.
“Instead, FMCSA is proposing an approach to improve the fundamental
fairness of the RDR process by implementing sufficient process guardrails
for states,” the agency said. “Changes would benefit users by ensuring
appeals are reviewed in an independent, impartial, uniform and transparent
manner, as well as providing timelines for the initial request and appeals
process.”
FMCSA said it does not agree with the suggestion to remove all data related
to pending RDRs from public view. “Removing this data creates opportunities
for requesters to improve their safety records in the short term by
submitting frivolous RDRs, which would impact the efficacy of the DataQs
program and other FMCSA safety programs.”
The agency said it will continue to display all motor carrier safety data
(i.e., crashes, inspections and investigations) on its websites. It also
said it concurs with comments calling for the use of a review panel to
monitor the DataQs process.
Mark Schremmer
The U.S. Department of Transportation is taking the first steps toward decreasing the regulatory burdens on trucking and other applicable industries.
This week, the DOT announced more than 50 proposals or final rules aimed at streamlining the Code of Federal Regulations. The actions made by the Federal Motor Carrier Safety Administration, the Federal Highway Administration and the National Traffic Safety Administration target “redundant” rules with “no real-life application,” the DOT said in a news release.
“Big government has been a big failure,” Transportation Secretary Sean Duffy said. “Under President Trump’s leadership, my department is slashing duplicative and outdated regulations that are unnecessarily burdensome, waste taxpayer dollars and fail to ensure safety. These are commonsense changes that will help us build a more efficient government that better reflects the needs of the American people.”
Deregulatory focus
Since President Donald Trump took office in January, the administration has promised to roll back regulatory burdens on businesses.
On Jan. 31, Trump issued an executive order requiring that at least 10 regulations be identified for elimination before a new regulation is issued.
In April, the DOT asked the public to help identify regulations that could be modified, repealed or amended without hindering safety. The public, including truck drivers, responded with more than 900 comments providing recommendations on regulations they believed could be removed.
Many of the comments from truckers focused on big-ticket issues, such as hours-of-service regulations, the electronic logging device mandate and the speed limiter proposal. Although these initial deregulatory actions do not address any of those concerns, the DOT did take steps toward removing some of the mundane requirements that are often “duplicative.”
FMCSA’s actions
On Tuesday, May 27, FMCSA announced a total of 20 proposals or final rules set to be published in the coming days.
One of those proposals involves rescinding the requirement that rear impact guards must be permanently marked or labeled with a certification from the manufacturer. There were instances of motor carriers being cited for missing or faded labels. However, FMCSA is moving the focus to the condition of the guards and not the label.
“The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS,” the agency wrote. “However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the service life of the trailer or guard.”
Another proposed deregulatory action involves the requirement that an ELD operator’s manual be placed in the commercial motor vehicle. The DOT said that if that information is needed, it can be found online.
In all, FMCSA is issuing two final rules and 18 notices of proposed rulemaking.
The final rules involve:
Both of the final rules take effect as soon as they are published in the Federal Register.
The notices of proposed rulemaking involve:
Comments on each of those proposals will be accepted through July 29. Once those comments are reviewed, the agency will determine whether or not to move forward with a final rule.
The U.S. Department of Transportation last week announced 52 deregulatory actions across Federal Highway Administration (FHWA), Federal Motor Carrier Safety Administration (FMCSA), and National Highway Traffic Safety Administration (NHTSA).
Of the 52 deregulatory actions, 43 are at the Notice Proposed Rulemaking (NPRM) stage, seven are final rules, and two are withdrawals of rulemaking actions, according to a statement from the DOT, according to a statement from the DOT.
Comments on each of the proposals will be accepted through July 29. Once those comments are reviewed, the agency will determine whether or not to move forward with a final rule.
Twenty deregulatory actions were taken at FMCSA, including:
- RESCINDING:
- Motor Carrier Routing Regulations: FMCSA repeals this part of the Code of Federal Regulations (CFR), which concerns servicing municipalities and unincorporated communities. This is an obsolete rule left over from the transfer of rules from the Interstate Commerce Commission (ICC) to the Federal Highway Administration (FHWA) in 1995, and carried over to FMCSA in 2000.
-
- Appendix B to 49 CFR Part 386 – Civil Penalties; Paragraph (a)(1) of the Appendix: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to remove the reference to rules under the Department of Transportation’s “Procedures for Transportation Workplace Drug and Alcohol Testing Program” from the civil penalty schedule in the FMCSRs. Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations (CFR) where this program is incorporated into the FMCSRs. Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment, pursuant to the good cause exception in the Administrative Procedure Act (APA).
-
- Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to rescind the requirement that the rear impact guard be permanently marked or labeled with a certification from the impact guard manufacturer as required by the National Highway Traffic Safety Administration’s (NHTSA) applicable Federal Motor Vehicle Safety Standard (FMVSS). The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS. However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the service life of the trailer or guard. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety, as this NPRM would not affect the applicable FMVSS. The proposal would also rescind a guidance document pertaining to illegible, incomplete, or missing rear impact guard certification labels.
-
- Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers: FMCSA proposes to rescind the requirements for retroreflective sheeting on semitrailers and trailers manufactured prior to December 1, 1993, which is the compliance date for the National Highway Traffic Safety Administration’s (NHTSA) conspicuity rules applicable to trailer manufacturers. The retrofitting requirements were adopted by the Federal Highway Administration (FHWA) on March 31, 1999, and require that motor carriers engaged in interstate commerce install retroreflective tape or reflex reflectors on the sides and rear of semitrailers and trailers that were manufactured prior to December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and a gross vehicle weight rating of 4,536 kg (10,001 pounds) or more. With the passage of more than 30 years since the NHTSA requirements were implemented, FMCSA believes the vast majority of trailers currently in use on the Nation’s highways were manufactured after 1993 so the retrofitting rule is no longer necessary. This proposal would eliminate obsolete regulatory text without compromising safety.
-
- Parts and Accessories Necessary for Safe Operation; Spare Fuses: FMCSA proposes to remove the requirement for commercial motor vehicles (CMVs) to be equipped with at least one spare fuse for each type and size of fuse needed for the parts and accessories of the CMV. This proposed change would remove an unnecessary requirement from the Federal Motor Carrier Safety Regulations (FMCSRs).
-
- Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares: FMCSA proposes to remove references to liquid-burning flares from the warning device requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This proposed revision would remove outdated language referring to warning devices that FMCSA believes are no longer used.
-
- Removal of Self-Reporting Requirement: FMCSA proposes to revise its regulations requiring commercial driver’s license (CDL) holders to self-report motor vehicle violations to their state of domicile. With the implementation of the exclusive electronic exchange of violations between state drivers licensing agencies (SDLAs) in 2024, self-reporting is no longer necessary. This action supports the Administration’s deregulatory efforts.
-
- Removal of Obsolete References to “Water Carriers”: FMCSA proposes to remove all obsolete references to “water carriers” in the FMCSA regulations (FMCSRs). FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, the existing FMCSRs provide appropriate coverage of the carrier’s motor carrier operations.
-
- Qualifications of Drivers; Vision Standards Grandfathering Provision: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to remove the grandfathering provision under the physical qualifications standards for interstate drivers operating under the previously administered vision waiver study program, as this regulation is now obsolete. The waiver study program was terminated prior to the adoption of rules in 1998 implementing the Transportation Equity Act for the 21st Century provision concerning waivers, exemptions and pilot programs.
-
- Rescinding the requirement for ELD operator’s manual located in Commercial Motor Vehicles: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to rescind the in-vehicle electronic logging device (ELD) operator’s manual requirement for commercial motor vehicles (CMVs). FMCSA currently maintains a list of the ELD vendors who have self-certified their products including submission of the operator’s manual. Additionally, drivers are required to understand the operation of the ELD on the vehicle. There is no readily apparent benefit to continuing to require that the users’ manual be in the CMV. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety.
- AMENDING:
- Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped with Active Warning Device not in Activated State: FMCSA proposes to amend the regulations related to driving a commercial motor vehicle (CMV) at railroad grade crossings. Currently, drivers of certain CMVs (e.g., buses transporting passengers and CMVs transporting certain hazardous materials) are required to stop before crossing a railroad track unless an exception applies, such as when the railroad grade crossing is controlled by a functioning highway traffic signal transmitting a green indication. The Agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state (e.g., flashing lights or crossing gates down, indicating the arrival of a train), provided that the driver has exercised due caution to ascertain that the course is clear before crossing and local law permits the CMV to proceed across the railroad tracks without stopping.
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- Electronic Driver Vehicle Inspection Reports: FMCSA proposes to clarify the requirement to complete a Daily Vehicle Inspection Report (DVIR), based upon a public comment filed by the National Tank Truck Carriers (NTTC). The DVIR may already be completed electronically, however this NPRM proposes explicit language to make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs.
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- Driver Vehicle Examination Report Disposition Update: FMCSA proposes to revise the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing State agency. FMCSA is aware that not all issuing State agencies require the return of these reports, and that requiring motor carriers and intermodal equipment providers to submit these reports to a State that does not require, or even request, the return of the form, creates an unnecessary burden. Through this proposed change, completed forms will only be returned to those States that request them. This action is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA).
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- Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction: FMCSA proposes to remove the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that a liquid fuel tank manufactured on or after January 1, 1973, be designed and constructed so that it cannot be filled, in a normal filling operation, with a quantity of fuel that exceeds 95 percent of the tank’s liquid capacity. This proposal is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA). The proposed change would remove an unnecessary and outdated requirement from the FMCSRs.
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- Commercial Driver’s License Standards; Requirements and Penalties: Applicability to the Exception for Certain Military Personnel: FMCSA proposes to amend the Federal Motor Carrier Safety regulations (FMCSRs) to allow dual-status military technicians to qualify for the exception for certain military personnel from the commercial driver license (CDL) standards in part 383. This rule responds to a petition for rulemaking submitted by James D. Welch.
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- Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors: FMCSA proposes to add an exception for portable conveyors used in aggregate industry operations, and manufactured before 2010, from the requirements that each commercial motor vehicle (CMV) be equipped with brakes acting on all wheels, provided certain conditions are satisfied. This proposal is in response to a petition for rulemaking from the Michigan Aggregates Association (MAA). The proposed change would provide relief from a regulatory requirement for certain portable conveyors without impacting safety.
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- Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks: FMCSA proposes to add an exception to the prohibition on gravity and syphon feeds for auxiliary pumps with a fuel tank capacity of less than 5 gallons mounted on the trailer chassis frame or trailer bed, for purposes other than operation of the motor vehicle, that are operational only when the motor vehicle is not in motion. This proposal is in response to a petition for rulemaking from the Truck Trailer Manufacturers Association (TTMA). The proposed change would provide relief from a regulatory requirement without impacting safety.
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- Accident Reporting: Modification to the Definition of the Term “Medical Treatment”: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to revise the term “medical treatment” for the purpose of accident reporting to incorporate revised regulatory guidance issued by the agency regarding medical treatment away from the accident scene.
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- Parts and Accessories Necessary for Safe Operation; License Plate Lamps: FMCSA proposes to provide an exception from the lamp and reflective device requirements for license plate lamps on the rear of truck tractors while towing a trailer. This proposed change would remove an unnecessary regulatory requirement without impacting safety.
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- Parts and Accessories Necessary for Safe Operation; Tire Load Markings: FMCSA proposes to revise the requirements for tires on commercial motor vehicles (CMVs) to clarify that the Federal Motor Carrier Safety Regulations (FMCSRs) do not require tire load restriction markings on their sidewalls. This change would eliminate confusion and clarify the scope of FMCSA’s authority regarding the requirements for tires in the FMCSRs.
The Crash Causal Factors Program (CCFP) is a detailed crash data collection and analysis effort intended to:
- Identify the key factors that contribute to crashes involving commercial motor vehicles (CMVs),
- Inform countermeasures to prevent these crashes, and
- Establish a foundation for continued data collection, sharing, and analysis.
Through a series of robust studies, the CCFP pursues a nuanced understanding of crashes involving CMVs so that policymakers, law enforcement agencies, regulators, and other interested parties can implement effective crash prevention strategies and programs.
Despite several decades of positive progress, the last few years have seen a concerning rise in fatal crashes in the United States, with fatal crashes involving CMVs increasing 17 percent from 2020 to 2021.1 Authorized by Congress, the CCFP is part of the DOT and FMCSA’s heightened effort to reverse this trend and pursue a long-term goal of zero roadway fatalities.
The CCFP’s multi-phase approach will target unique vehicle types and/or crash severities for each causal factors study. Phase 1 focuses on fatal crashes involving heavy-duty trucks (Class 7/8 trucks) and will leverage existing State and local jurisdiction crash data collection processes to streamline data collection efforts. Future phases will continue to identify existing resources, leveraging these efforts to the extent possible. In addition to producing datasets and analytical reports, the CCFP will establish a foundation for continued data collection and analysis that FMCSA and States can routinely use to optimize their CMV safety activities.
- 1.2021 Fatality Analysis Reporting System (FARS). Accessible through A&I Crash Statistics.
Background
The CCFP expands on the original Large Truck Crash Causation Study (LTCCS) that investigated nearly 1,000 injury and fatal crashes involving large trucks from 2001 to 2003. However, an increase in fatal crashes involving CMVs in the last few years, along with changes in technology, vehicle safety, behavior, and roadway design, has created the need for a new study. The CCFP takes these changes, as well as the growth of the CMV industry, into account and pursues an updated understanding of the causal factors contributing to crashes today.
What’s Happening Now
The CCFP team is working with States and select local jurisdictions to establish sampling locations for the study; qualifying crashes that occur in these locations will be included in the study sample. Additional efforts include creating a CCFP database, establishing data protection measures, and developing tools and training to support data collection.
CCFP Timeline
Timing approximate; schedule subject to change.
2020–2021
Funding & Authorization
Congress appropriates $30 million for a causal factors study on large trucks.
The Infrastructure Investment and Jobs Act (IIJA) expands its scope to include all CMVs.
2022–2025
Program Establishment
FMCSA establishes the CCFP to carry out a multi-phase study of crashes involving CMVs.
Phase 1 Preparation
The Heavy-Duty Truck Study is planned and developed.
FMCSA identifies in-scope States for a nationally representative sample and finalizes the analysis plan.
2026–2028
Phase 1 Execution
FMCSA collects data for two years, leveraging State and local jurisdiction resources, and then analyzes the data.
Phase 2 Preparation
FMCSA kicks off the Medium-Duty Truck Study, pending funding.
2029
Phase 1 Results
The Heavy-Duty Truck Study final report is released.
Future Phases Continue
The Medium-Duty Truck Study is developed and executed. Additional phases will be planned dependent on funding; associated timelines TBD.
