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May 2022 Significant Rulemaking Report
Mariah Barr
4 mins read

While Roadcheck might be behind us, this is just the start of inspection season. The Commercial Vehicle Safety Alliance’s (CVSA) Operation Safe Driver Week is coming up soon from July 10-16, 2022. Speeding is their focus this year, but enforcement officers will be on the lookout for other unsafe driving practices, as well.

In terms of regulations, the Federal Motor Carrier Safety Administration (FMCSA) made a few noteworthy moves this month, including the following: 

  • Three fuel sources added to COVID-19 HOS waiver 
  • Additional comment requested on speed limiting commercial motor vehicles (CMVs) proposal 
  • Commentary reopened on annual state inspection of passenger-carrier vehicles proposal  

New Webinar: Managing the Shift in DOT Recordkeeping 

COVID-19 Emergency Declaration Expanded to Include Fuel Products 

In an announcement on May 13th, the FMCSA added the transport of propane, natural gas, and heating oil to the list of goods that can be transported without following the hours of service regulation. The general exemption has been extended numerous times since it was first announced on March 13, 2020. 

This federal exemption would need to be extended again before the end of May, otherwise, the over-two-year waiver from the hours of service requirements would no longer be in place. Although there haven’t been any official announcements, the recent addition of these essential products could mean that an extension may be in the cards.  

Speed Limiting Devices Notice Will Soon Hit Federal Register 

On May 4th, the FMCSA published an advance notice of supplemental proposed rulemaking to mandate speed limiters on most CMVs. Along with the National Highway Traffic Safety Administration (NHTSA), the agency initially issued a joint proposal for the devices in 2016. 

The rulemaking would propose that all interstate CMVs with a gross vehicle weight (GVW) of 26,001 pounds be equipped with an electric engine control unit. A maximum speed was not specified, but previous proposals introduced the possibility of 60, 65, or 68 miles per hour.  

Comments on the proposed rulemaking are being accepted through June 3rd. 

Annual Inspections of Passenger-Carriers Notice Reissued 

Initially announced on April 27, 2016, the FMCSA’s notice of proposed rulemaking included consideration of requiring US states to establish a program for annual inspections of passenger-carrying CMVs. The agency requested comments from all interested parties that would allow the risks associated with improperly maintained or improperly inspected vehicles to be assessed. Insufficient data to make a final decision was provided during the first comment period, and the notice was ultimately withdrawn.  

Now, after the Infrastructure Investment and Jobs Act (IIJA) was enacted, the agency has been once again directed to open commentary on the proposal. You can provide your comments here through June 9th.  

Enforcement Season is Here – Are You Ready? 

Curious about what else is happening in the FMCSA? Check out the full Significant Rulemaking Report here. 

 
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