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Regulatory Updates – Sept. 16, 2016

Update on Relevant U.S. Regulations

PHMSA Seeks Comments on U.S. Development of Radioactive Material Transport Regulations
On Sept. 13, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published the draft revision of the International Atomic Energy Agency’s (IAEA) “Regulations for the Safe Transport of Radioactive Material” (“Regulations”). Ahead of the Regulations’ 2018 publication, PHMSA is seeking comments from stakeholders to aid in U.S. response to the international regulations development.  Comments are due by Oct. 28, 2016.  

FMCSA Releases Report on Insulin-Treated Diabetes and CMV Drivers
In May 2015, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) in the “Federal Register” to allow drivers with stable, well-controlled insulin-treated diabetes to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. The comment period closed on July 6, 2015, and the agency received over 1,250 comments. In that same month, FMCSA requested that the Medical Review Board (MRB) review and analyze the comments and provide recommendations for FMCSA’s consideration. On Sept. 9, 2016, the agency announced the availability of the MRB’s report and requests comments on the recommendations. Comments are due by Nov. 8, 2016.

PHMSA Seeks Comment on Hazardous Materials Harmonization with International Standards
On Sept. 7, 2016, PHMSA proposed to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council. Comments are due by Nov. 7, 2016.

Update on Exemptions

FMCSA Announces UCR Plan Board Meeting
On Aug. 25, 2016, FMCSA announced a Unified Carrier Registration (UCR) Board of Directors meeting from Sept. 7-8, 2016. The board will continue its work on developing and implementing the UCR plan and agreement and may also consider other matters before the board. The meetings will be open to the public and those not attending in person may dial-in to listen and participate.

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.

Other Items of Interest

ATA Seeks 30-Day Extension for Speed Limiter Comments
American Trucking Associations (ATA), along with 50 state trucking associations, sent a letter to FMCSA asking for a 30-day extension of the comment period for the proposed rulemaking requiring speed limiters on CMVs, published Sept. 7, 2016, in the “Federal Register.” CVSA submitted a letter in support of ATA’s request. The Owner-Operator Independent Drivers Association (OOIDA) has asked for a 60-day comment extension. If DOT grants the 30-day comment extension, the deadline for comments would be Dec. 7, 2016.