Train crews in both passenger and freight service will be subject to the revised rates for random substance abuse testing. FRA announced the new structure for 2017 last week. A BNSF local freight meets a southbound Amtrak passenger train in Auburn, Washington on January 2nd, 2017. Image © 1/2017 by Nikki Burgess; all rights reserved.

Happy New Year!  I’m sure I speak for the entire Labelmaster family when I express our hope that you will enjoy a safe, happy, and prosperous 2017.  Today’s digest covers the last two weeks of the year just concluded.  Although activity was minimal, a number of issues worth noting occurred over the holiday period, so let’s jump into the first review of the year by finishing up with the last one’s final actions:

U.S. EPA

• The EPA finalized a rule amending its Risk Management Program (RMP) regulations to reduce the likelihood of accidental releases at chemical facilities and improve emergency response activities when those releases occur. The amendments are intended to:
  • Prevent catastrophic accidents by improving accident prevention program requirements
  • Enhance emergency preparedness between facilities and local communities
  • Improve information access to help the public understand the risks at RMP facilities
  • Improve third-party audits at RMP facilities.
  • More information here.

• The agency also announced its 2016 annual enforcement and compliance results, highlighted by a series of what it says are “high-impact cases that are delivering environmental and public health benefits to communities across the country.”  EPA’s FY2016 enforcement actions imposed $13.7 billion in penalties and agreed settlement levels on or by private companies for what EPA alleges were violations of the nation’s environmental laws.  See the details here.

PHMSA

The agency continued work within its busy Special Permit program, issuing the following actions regarding approval and denial decisions, modifications, and received applications.  See all the news below:

• https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30573.pdf
• https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30574.pdf
• https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30575.pdf
• https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30577.pdf

Semi-Annual Regulatory Agenda Publications

Twice a year, many federal agencies publish an updated regulatory agenda in the Federal Register.  These planning documents typically appear over the course of a one or two week span at the end of the year, and also in late June and early July.  Below are the agendas for some of the agencies we feel might be most relevant to our blog subscribers.  Here are the currently published agendas; we will publish any others as they become available.  Not every agency may publish an agenda in every cycle:

• CPSC: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29922.pdf
• DHS: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29864.pdf
• DOL: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29870.pdf
• DOT: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29872.pdf
• EPA: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29915.pdf
• NRC: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29930.pdf
• STB: https://www.gpo.gov/fdsys/pkg/FR-2016-12-23/pdf/2016-29935.pdf

FMCSA

The agency issued guidance for commercial driver staffing agencies on how to comply with the required drug and alcohol testing regimen for CDL holders.  Here’s the info for you

FRA

The agency issued revised its minimum random drug and alcohol testing rate requirements for 2017 for railroad operating personnel.  This affects train crews, dispatchers, and signal maintenance personnel. See the guidance here

The agency also announced that it had levied what it reports as record level civil penalties against railroads in FY2016 for what it alleges are various safety violations by those railroads.  The rate of penalty applications climbed 4% over that the agency reported in FY2015.  The FRA has increased focus on enforcement ever since the Lac Megantic, Quebec oil train disaster in August of 2013.  See the details here

IATA DGR

The International Air Transport Association released a late-in-the-year list of revised operator variations for its Dangerous Goods Regulations (DGR).  Operator variations are conditions additional to the published regulations imposed by operators (i.e. airlines) for transport of dangerous goods aboard the relevant carrier.  Click here for a link to the list

Labelmaster is a full service provider of products and services for the Hazardous Materials and Dangerous Goods professional, shippers, transport operators, and EH&S providers. See our full line of solutions at www.labelmaster.com.