The government shutdown has surpassed the three-week mark, but the world of trucking, regulations – and exemptions – rolls on.
Case in point: The Federal Motor Carrier Safety Administration recently granted the National Tank Truck Carriers a regulatory exemption even though it hasn’t been published in the Federal Register.
In 2020, FMCSA gave the National Tank Truck Carriers a five-year exemption to allow motor carriers operating tank trailers to install a red or amber brake-activated pulsating lamp on the back of a tank trailer in addition to the steady-burning brake lamps required by regulation.
That exemption was good through Oct. 8. In June, the organization asked FMCSA to renew the exemption for another five years.
“The exemption in its current form continues to offer tank truck motor carriers a voluntary, safety-enhancing option with demonstrated effectiveness in reducing rear-end collisions – particularly critical for tank trailers transporting hazardous materials,” the National Tank Truck Carriers’ William Lusk wrote in the exemption application. “Denial of the extension would impose unnecessary financial burdens on carriers that have invested in this proven technology and would likely have adverse roadway safety consequences for motorists.”
With the previous exemption running out and the government shutdown still in effect, FMCSA announced the approval on its website rather than in the Federal Register. When the government shuts down, the Office of Federal Register publishes only documents “necessary for the protection of life and property.”
“This exemption notice is currently available only on FMCSA’s website,” the agency wrote on Regulations.gov. “It cannot be published in the Federal Register at this time because the Office of the Federal Register is closed. Posting on FMCSA’s website provides the public with notice that the exemption has been renewed. The agency will submit the document for publication in the Federal Register once the Office of the Federal Register reopens.”
The National Tank Truck Carriers has a membership of more than 500 companies. About half of the members are motor carriers that operate tank trailers. The new exemption is set to run through Oct. 8, 2030.
FMCSA has granted similar exemptions to several companies. LL
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