Request for Clarification Regarding PHMSA Record Keeping Requirements Interpretation #22-0133

On Feb. 10, CVSA sent a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), requesting the agency reconsider its Jan. 17, 2023, interpretation #22-0133, issued to Usher Transportation, in response to their Sept. 20, 2022, inquiry requesting clarification regarding the recordkeeping requirements for the PHMSA Certificate of Registration and the Federal Motor Carrier Safety Administration (FMCSA) Hazardous Materials Safety Permit. Specifically, Usher Transportation asked for clarification on whether storing and presenting the PHMSA Certificate of Registration and the FMCSA Hazardous Materials Safety Permit electronically is in compliance with the recordkeeping requirements in 49 Code of Federal Regulations (CFR) §§ 107.620(b) and 385.415. In response, PHMSA provided Usher Transportation with an interpretation confirming both documents may be displayed electronically during a roadside inspection. CVSA supports PHMSA’s efforts to move to accepting electronic documents and encourages PHMSA to extend this to other documents that may be required during a roadside inspection. However, the Alliance requested that PHMSA amend, revise or withdraw interpretation #22-0133 and issue enforcement guidance clarifying:

  • a clear start date for the new policy,
  • guidance on which documents can be displayed during a roadside inspection, and
  • that the new interpretation applies to the entire industry, rather than only to the individual motor carrier the original interpretation was issued to, Usher Transportation.