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Regulatory Update – April 28, 2017

Update on Relevant U.S. Regulations

PHMSA Revises Safety Notice for Liquefied Compressed Gases 
On April 24, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a revised safety notice advising the public against using DOT-39 cylinders with an internal volume greater than 1.23 liters containing a liquefied flammable compressed gas. The agency cautions that such containers are more likely to corrode or puncture due to their thinner walls. The notice was effective Dec. 5, 2016.

PHMSA Seeks Input on Hazardous Materials Transportation
On April 21, 2017, PHMSA announced plans to submit an information collection request (ICR) to the Office of Management and Budget (OMB) relating to the transportation of hazardous materials. Specifically, PHMSA seeks comments on the security plans of shippers and carriers in preventing unauthorized possessions of hazardous materials. Comments are due by June 20, 2017.

FHWA Announces Meeting of the Emergency Route Working Group 
On April 20, 2017, the Federal Highway Administration (FHWA) announced that the Emergency Route Working Group will meet on May 10-11, 2017. The group determines best practices for approving permits for emergency response vehicles. Both sessions of the meeting are open to the public.

PHMSA Revises Civil Penalties for Hazardous Materials Violations
On April 19, 2017, PHMSA issued a final rule revising civil penalties for violations of hazardous materials regulations. The minimum civil penalty for a training-related violation is now $471; while the maximum civil penalty is $78,376, except in cases where a violation results in death, serious illness or injury, or destruction of property. The rule is effective April 19, 2017.

FMCSA Announces UCR Plan Board Meeting
On April 18, 2017, the Federal Motor Carrier Safety Administration (FMCSA) announced that the Unified Carrier Registration (UCR) Board of Directors will meet on April 28, 2017. The board will continue its work developing and implementing the UCR plan and agreement, and may also consider other matters before the board. The meeting will be open to the public and those not attending in person may dial-in to listen and participate.

Update on Exemptions

G4S Secure Solutions Requests ELD Exemption
On April 21, 2017, FMCSA announced that G4S Secure Solutions (G4S) requested an exemption from the requirement to install and use electronic logging devices (ELD) before Dec. 18, 2017. G4S requests an exemption when its drivers operate government-owned equipment to transport passengers. Comments are due by May 22, 2017.

FMCSA Renews FCSG Exemption from Metal Coil Requirement
Also on April 21, 2017, FMCSA announced that it granted an exemption renewal to the Flatbed Carrier Safety Group (FCSG). The exemption applies to cargo securement regulations and the agency’s rules for securing metal coils. The exemption is effective from April 21, 2017-April 21, 2022.

CVSA Active Exemption Tracker
CVSA maintains a list of active exemptions issued by FMCSA. Members can access the document by logging into their CVSA member account and clicking on the “Exemptions Tracker” tab at the top of the page.