|
VOHMA constantly monitors the Federal Register
and other regulatory publications to keep members informed of all the recent
changes. Below please find the most recent copy of the Regulatory Update
Spreadsheet. The Spreadsheet is color coded and divided by Advance Notice of
Proposed Rulemaking (ANPRM), Notice of Proposed Rulemaking (NPRM), Final Rule
etc. Please let us know if you have any questions.
Regulatory
Update Spreadsheet
Federal
Register: December 29, 2009 (Volume 74, Number 248) Page 68703-68709
DEPARTMENT
OF TRANSPORTATION
Federal
Motor Carrier Safety Administration
49
CFR Parts 386, 390, 392, and 396
[Docket
No. FMCSA-2005-23315] RIN 2126-AB25
Requirements
for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating
Intermodal Equipment
AGENCY:
Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION:
Final rule; technical amendments, response to petitions for reconsideration,
and; partial extension of deadline.
SUMMARY:
FMCSA amends its December 17, 2008, final rule implementing section
4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU). The 2008 final rule makes intermodal equipment
providers (IEPs) subject to certain Federal Motor Carrier Safety Regulations (FMCSRs),
and establishes shared safety responsibility among IEPs, motor carriers, and
drivers. These amendments create a fifth marking option for identifying the IEP
responsible for the inspection, repair, and maintenance of items of intermodal
equipment (IME) in response to a petition for reconsideration from the
Intermodal Association of North America (IANA); clarify regulatory text and
correct an inadvertent error in response to a petition for reconsideration from
the Ocean Carrier Equipment Management Association (OCEMA); and extend the
deadline for IEPs, motor carriers, and drivers operating IME to comply with
certain provisions pertaining to driver-vehicle inspections in response to a
petition filed by OCEMA.
DATES:
Effective Date: The amendments in this final rule become effective December 29,
2009.
Implementation
Date: IEPs must establish systematic inspection, repair, and maintenance
programs, recordkeeping systems and identify its operations by submitting Form
MCS-150C by December 17, 2009, except for the requirements of Sections 396.9(d),
396.11(a)(2), 396.12(a), 396.12(c), and 396.12(d), which they must comply with
by June 30, 2010. IEPs must mark their intermodal chassis with its legal name or
a single trade name and a USDOT identification number by December 17, 2010.
Text
PDF
Federal
Register: December 29, 2009 (Volume 74, Number 248) Page 68701-68702
DEPARTMENT
OF TRANSPORTATION
Pipeline
and Hazardous Materials Safety Administration
49
CFR Parts 107 and 171
[Docket
No. PHMSA-2009-0411] RIN 2137-AE48
Hazardous
Materials: Adjustment of Maximum and Minimum Civil Penalties
AGENCY:
Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
ACTION:
Final rule.
SUMMARY:
PHMSA is adjusting the maximum and minimum civil penalties for a knowing
violation of the Federal hazardous material transportation law or a regulation,
order, special permit, or approval issued under that law. The maximum civil
penalty is increased to $55,000, and to $110,000 for a violation that results in
death, serious illness, or severe injury to any person or substantial
destruction of property. The minimum civil penalty is increased to $275, and to
$495 for a violation related to training. These adjustments are required by the
Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt
Collection Improvement Act of 1996.
DATES:
Effective Date: This final rule is effective on December 31, 2009.
Text
PDF
Federal
Register: December 29, 2009 (Volume 74, Number 248) Page 68774-68775
DEPARTMENT
OF HOMELAND SECURITY
Transportation
Security Administration
49
CFR Parts 1520 and 1554
[Docket
No. TSA-2004-17131] RIN 1652-AA38
Aircraft
Repair Station Security
AGENCY:
Transportation Security Administration (TSA), DHS.
ACTION:
Proposed rule; extension of comment period.
SUMMARY:
The Transportation Security Administration (TSA) is extending the comment period
on the notice of proposed rulemaking (NPRM) regarding the Aircraft Repair
Station Security Program published on November 18, 2009. TSA has decided to
grant, in part, two requests for
an
extension of the comment period and will extend the comment period for thirty
(30) days. The comment period will now end on February 19, 2010, instead of
January 19, 2010.
DATES:
The comment period for the proposed rule at 74 FR 59874, November 18, 2009, is
extended until February 19, 2010.
Text
PDF
Federal
Register: December 29, 2009 (Volume 74, Number 248) Page 68756-68758
DEPARTMENT OF LABOR
Occupational
Safety and Health Administration
29
CFR Parts 1910, 1915, and 1926
[Docket
No. OSHA-H022K-2006-0062 (formerly OSHA Docket No. H022K)] RIN 1218-AC20
Hazard
Communication
AGENCY:
Occupational Safety and Health Administration (OSHA), Department of Labor.
ACTION:
Proposed rule; notice of informal public hearings.
SUMMARY:
OSHA is scheduling informal public hearings on its proposal to revise the Hazard
Communication Standard. OSHA anticipates receiving several hearing requests, and
this document describes the procedures the public must use to participate in the
hearings.
DATES:
Informal public hearing. The hearing will begin at 9:30 a.m., local time, on the
following dates:
-
March 2, 2010, in Washington,
DC;
-
March 31, 2010, in Pittsburgh,
PA; and
-
April 13, 2010, in Los
Angeles, CA.
If
necessary, the hearing will continue at the same time on subsequent days at each
location.
Notice
of intention to appear at the hearing. Interested persons who intend to present
testimony or question witnesses at any of these locations must submit (transmit,
send, postmark, deliver) a notice of their intention to do so by January 18,
2010.
Text
PDF
Federal
Register: December 24, 2009 (Volume 74, Number
246) Page 68376-68377 DEPARTMENT OF HOMELAND
SECURITY Bureau of Customs and Border Protection
19 CFR Part 149 [Docket Number USCBP-2007-0077]
RIN 1651-AA70
Importer Security Filing and Additional Carrier
Requirements; Correction
AGENCY:
Customs and Border Protection, Department of
Homeland Security.
ACTION:
Correcting amendments.
SUMMARY:
This document contains correcting amendments to
the interim final rule entitled ``Importer
Security Filing and Additional Carrier
Requirements'' published in the Federal Register
on November 25, 2008. The interim final rule,
which requires the submission of an Importer
Security Filing (ISF) for cargo arriving in the
United States by vessel and a bond to secure
compliance with the ISF requirement,
inadvertently omitted the liability amounts for
breach of the importer security filing bond and
neglected to make provision for using the
importer security filing bond to secure a single
ISF transaction. This document clarifies the
bond terms applicable to the importer security
filing bond as set forth in an Appendix to the
Customs and Border Protection bond regulations
by adding the liability amounts for a breach of
the bond and by adding a paragraph to cover a
single transaction. CBP is revising the Appendix
D ISF bond language to add the $5,000 liquidated
damages clause contained in the other bond
provisions.
DATES:
This amendment is effective on December 24,
2009. The compliance dates for the regulations
are set forth in 19 CFR 4.7c(d), 4.7d(f), and
149.2(g).
Text
PDF
Federal
Register: December 23, 2009 (Volume 74, Number
245) Page 68208-68214 DEPARTMENT OF HOMELAND
SECURITY Coast Guard 33 CFR Parts 104, 105, 160
[USCG-2004-19963] RIN 1625-AA93
Notification of Arrival in U.S. Ports; Certain
Dangerous Cargoes
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY:
On December 16, 2005, the Coast Guard published
an interim rule that defined ``certain dangerous
cargo residue'' (CDC residue). After reviewing
comments on the interim rule, the Coast Guard
proposes to change that definition to include
certain bulk liquids and liquefied gases in
residue quantities. Based on changes to the CDC
residue definition, the Coast Guard also
proposes to revise the definition of ``certain
dangerous cargo.'' Additionally, the Coast Guard
intends to adopt changes made to 33 CFR part 104
and 105 by the 2005 interim rule.
DATES:
Comments and related material must either be
submitted to our online docket via http://www.regulations.gov
on or before February 22, 2010 or reach the
Docket Management Facility by that date.
Comments sent to the Office of Management and
Budget (OMB) on collection of information must
reach OMB on or before February 22, 2010.
Text
PDF
Federal
Register: December 22, 2009 (Volume 74, Number
244) Page 68004-68015 DEPARTMENT OF
TRANSPORTATION
Pipeline and Hazardous Materials Safety
Administration
49 CFR Parts 105, 107, 171, 173, 174, 176, 177,
and 179
[Docket No. PHMSA-2009-0289 (HM-233A)] RIN
2137-AE39 Hazardous Materials: Incorporation of
Special Permits Into Regulations
AGENCY: Pipeline and Hazardous Materials Safety
Administration (PHMSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The
Pipeline and Hazardous Materials Safety
Administration is proposing to amend the
Hazardous Materials Regulations to incorporate
provisions contained in certain widely used or
longstanding special permits that have an
established safety record. Special permits allow
a company or individual to package or ship a
hazardous material in a manner that varies from
the regulations so long as an equivalent level
of safety is maintained. The proposed revisions
are intended to provide wider access to the
regulatory flexibility offered in special
permits and eliminate the need for numerous
renewal requests, thus reducing paperwork
burdens and facilitating commerce while
maintaining an appropriate level of safety.
The
proposed revisions include the following:
-
Authorize
vessel transportation for salvage cylinders
containing damaged or leaking packagings
under Sec. 173.3.
-
Allow
liquid contents in quantities greater than
10% of the capacity in a mechanical
displacement meter prover to the extent that
draining of the meter prover is
impracticable.
-
Authorize
the transport of waste Division 4.2, Packing
Group I material, Division 5.2 (organic
peroxide) material, and Division 6.1,
Packing Group I (Hazard Zone A) material in
lab packs
-
under
Sec. 173.12.
-
Allow
the use of alternative outer packagings for
waste lab packs and require use of UN
standard steel or plastic drums (at the PG I
performance level) for the transportation of
Division 4.2, Packing Group I material and
Division 6.1, Packing Group I, Hazard Zone A
material in lab packs under Sec.
173.12.
-
Except
hazardous waste materials, packaged in lab
packs and meeting additional conditions,
from certain segregation and marking
requirements under Sec. 173.12.
-
Allow
variation in the packing method for
packagings prepared in accordance with Sec.
173.13.
-
Authorize,
for certain hazardous materials, external
visual inspection of the rupture disc in a
non-reclosing pressure relief device of a
rail tank car without requiring removal of
the rupture disc.
-
Authorize
the transportation of certain specially
designed radiation detectors containing a
Division 2.2 (non-flammable gas) material
under a new section Sec. 173.310.
-
Allow
a greater gross weight limitation for
packages used for the transport of aerosols
for purposes of recycling or disposal.
-
Allow
rail tank cars to exceed the maximum
capacity and gross weight on rail
limitations upon approval from the Federal
Railroad Administration (FRA) under Sec.
179.13.
-
Eliminate
several requirements for submitting
duplicate copies of applications for special
permit, party status, or renewal when the
applications are submitted electronically.
Also require DOT registration number, if
applicable.
-
Require
certification of understanding of a special
permit for persons submitting an application
for party status to a special permit.
DATES:
Written comments should be submitted on or
before February 22, 2010.
Text
PDF
Federal
Register: December 11, 2009 (Volume 74, Number
237)] Page
65696 DEPARTMENT OF TRANSPORTATION Pipeline and
Hazardous Materials Safety Administration 49 CFR
Part 172 [Docket No. PHMSA-2009-0238 (HM-224G)]
RIN 2137-AE49 Hazardous Materials: Chemical
Oxygen Generators
AGENCY: Pipeline and Hazardous Materials Safety
Administration (PHMSA).
ACTION: Final rule; confirmation of effective
date.
SUMMARY: PHMSA is confirming the effective
date of its direct final rule, published under
Docket No. PHMSA-2009-0238 (HM-224G) on October
15, 2009, to amend the Hazardous Materials
Regulations by revising the quantity limitation
from 25 kg ``gross'' to 25 kg ``net'' for
packages of chemical oxygen generators
transported aboard cargo aircraft only. The
direct final rule stated that it would become
effective on November 16, 2009 unless an adverse
comment or notice of intent to file an adverse
comment was received by November 16, 2009. PHMSA
did not receive any adverse comments or notice
of intent to file an adverse comment to its
October 15, 2009 direct final rule.
DATES:
The November 16, 2009 effective date of the
direct final rule published on October 15, 2009
(74 FR 52896), is confirmed.
Text
PDF
|
