The first week of October found regulatory activity rising quickly from its now-passed summer doldrums, with a variety of new actions. The FMCSA was quite busy in the US, while the issuance of the 21st Edition of the UNMR gives industry professionals a new model to consider. See all the action right here:
IATA
The association published revised dangerous goods acceptance checklists to accompany the 61st edition of the DGR that comes into force on January 1, 2020. The checklists include versions for radioactive materials, non-radioactive materials, and dry ice. Find the revised checklists here:
Radioactive Materials: https://www.iata.org/whatwedo/cargo/dgr/Documents/EN_Form_Rad.pdf
Non-Radioactive Materials: https://www.iata.org/whatwedo/cargo/dgr/Documents/EN_Form_NonRad.pdf
Dry Ice: https://www.iata.org/whatwedo/cargo/dgr/Documents/EN_Form_DryIce.pdf
FMCSA
In a significant action that will impact motor carriers hauling dangerous goods, the agency adopted those requirements of the interim final rule (IFR) published on May 5, 2003 (2003 IFR), and the IFR published on April 29, 2005 (2005 IFR), which have not previously been finalized, as final without change. The 2003 IFR amended the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit States from issuing, renewing, transferring, or upgrading a commercial driver’s license (CDL) with a hazardous materials endorsement unless the Transportation Security Administration (TSA) in the Department of Homeland Security has first conducted a security threat assessment and determined that the applicant does not pose a security risk warranting denial of the hazardous materials endorsement, as required by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). This may slow considerably the issuance of such endorsements, depending on the caseload of screeners. See all the details here
The agency proposes to amend its Hazardous Materials Safety Permits regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook. The Out-of-Service Criteria provide enforcement personnel nationwide, including FMCSA’s State partners, with uniform enforcement tolerances for roadside inspections. Currently, the regulations reference the April 1, 2018, edition of the handbook. Through this document, FMCSA proposes to incorporate by reference the April 1, 2019, edition. Comments on this document must be received on or before November 1, 2019. See this NPRM and a way to comment here
The agency also announced the renewal of charter for the Motor Carrier Safety Advisory Committee, and industry group that assist the agency in matters relevant to industry regulations. See the renewal here
OSHA
The agency is renewing its ICR in reference to collecting data associated with the respirable silica standard. Silica has been much in the news of late account its potential harmful effects on workers exposed to its dusts. See the ICR renewal here
In a second ICR, the agency, via the DOL, seeks to extend authority for the Census of Fatal Occupational Injuries information collection. The Census of Fatal Occupational Injuries provides policymakers and the public with comprehensive, verifiable, and timely measures of fatal work injuries. Data are compiled from various Federal, State, and local sources and include information on how the incident occurred as well as various characteristics of the employers and the deceased worker. This information is used for surveillance of fatal work injuries and for developing prevention strategies. See this ICR here
In yet a third ICR, the agency, also via the DOL, seeks to extend its authority for the Census of Occupational Injuries and Illnesses information collection. The census provides policymakers and the public with comprehensive, verifiable, and timely measures of work injuries and illnesses. This information is used for developing prevention strategies. See this ICR here
PHMSA
Although it’s “over on the pipeline side” and thus not typically on the DG transport world’s “radar,” the agency has nevertheless issued a significant new rule that will revise the way such pipelines are to be inspected and maintained if carrying hazardous liquids—as so many obviously do. As such it’s worthy of consideration, since so many DG professionals also have to cope with such activity, especially in the chemicals industry. See the rule here
STB
The “Surf Board” announced a pair of “large shipper” vacancies on its Rail Shipper Advisory Board (RSAB). The board helps the STB deal with issues affecting the industry, including hazmat transport by rail. See the notice here
EU ADR
The Czech Republic became a party to multilateral agreement M322. This agreement concerns the carriage of UN0335 and UN0336 fireworks. See the action here
UNECE (UNMR)
The newly revised 21st Edition of the United Nations Model Regulations (UNMR or “Orange Book”) is now available online in English and French. The publication is used as the basis for regulatory activity and rulemaking worldwide and in some countries is authorized as the effective rule itself; this usage is especially prevalent in South America. Find the portal here for access
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