Blog Articles | Foley Services

August 2022 Significant Rulemaking Report

Written by Mariah Barr | Aug 30, 2022 4:00:00 AM

Although we haven’t seen any movement with new rulemakings from the FMCSA in a few months, there are still some noteworthy notices that have made their way through and are ready for comments: 

  • New availability of the drafted Medical Examiner’s Handbook (MEH) with updates  
  • Information collection on Use of COVID-19 Emergency Declaration Relief 

Let’s dive into these notices in a little more detail. 

Updates to the Medical Advisory Criteria in the Medical Examiner’s Handbook 

On August 16th, FMCSA announced the availability of the draft Medical Examiner’s Handbook (MEH), which includes updates to the Medical Advisory Criteria published in the Code of Federal Regulations (CFR), and requests comments on the proposed regulatory guidance.  

The Medical Advisory Criteria for each standard set in the handbook are intended to provide recommendations and information to assist medical examiners (MEs) in applying the regulations, and basic information related to testing for the medical concerns at hand. 

Finally, a Better Way to Manage DOT Physicals 

Comments are requested on the draft of the proposed MEH. FMCSA has asked that commenters should identify the page number and section number of the MEH to which their comments apply to ensure a better understanding of their idea or concerns.  

You can read the comments left on this notice, and leave your comments here through September 30th, 2022. 

Information Collection Requestion (ICR) on Use of COVID-19 Emergency Declaration Relief 

Since the extension of the emergency COVID-19 relief approval expires on August 31, 2022, the FMCSA is requesting comments from motor carriers engaged in providing direct assistance in response to the emergency declarations set by the agency.

This direct assistance includes providing transportation and other relief services to help with the immediate restoration of essential services (such as medical care) or essential supplies related to COVID–19.

The extension to the declaration issued on August 31, 2021, included a requirement for motor carriers to report, on a monthly basis, their reliance on the emergency declaration during operations. The agency is asking for commentary on this. 

By requesting comment, the FMCSA is attempting to comply with the Paperwork Reduction Act of 1995, which aims to alleviate the public of the burdens associated with providing required information to the federal government, including monetary costs, time, and effort. 

If you would like to comment on the notice, you must do so on or before September 19th, 2022.  

Want to stay updated on what’s happening with the FMCSA? Check out the full Significant Rulemaking Report here.