DG Digest: FMCSA Reviewing Testing Delays, OSHA Responds to President’s Executive Order, and FRA Issues Follow-up to its Emergency Repair Order

The FRA issued an Emergency Information Collection Request (EICR) in reference to the repairs it directed shippers to make to the nation’s fleet of DOT-111 rail tank cars last week. A train of such cars passes west through Hinsdale, Illinois in August of 2014. Image © 8/2014 by Nikki Burgess; all rights reserved.

The FRA issued an Emergency Information Collection Request (EICR) in reference to the repairs it directed shippers to make to the nation’s fleet of DOT-111 rail tank cars last week. A train of such cars passes west through Hinsdale, Illinois in August of 2014. Image © 8/2014 by Nikki Burgess; all rights reserved.

As October deepens and the fall season and the coming holidays approach, the regulatory world continues its usual busy schedule.  If you aren’t busy raking leaves yet, take a few moments to check out the latest and greatest:

FMCSA

  • The agency released a new rule consolidating a variety of amendments and corrections to the FMCSR.  While the rule lacks any drastic action, motor carriers will want to take note all the same
  • In other news regarding CDL holders, Section 5506 of the US FAST Act requires FMCSA to produce a study on CDL skills test delays on an annual basis—the bane of many drivers. The requirements of the study are to submit a report describing the reasons for delays at the nations test centers.  See the latest survey preparation here
  • The agency also released word on how it intends to move forward with presenting Safety Measurement System (SMS) data to the public.  This comes after transport industry stakeholder were quieried as to how best to do that.  Here’s the new plan

OSHA

  • In response to the President’s Executive Order 13563, ‘‘Improving Regulations and Regulatory Review,’’ the Occupational Safety and Health Administration (OSHA) is continuing its efforts to remove or revise outdated, duplicative, unnecessary, and inconsistent requirements in its safety and health standards. The current review, the fourth in this ongoing effort, is called Standards Improvement Project-Phase IV (SIP–IV). The goal of the proposed rulemaking is to reduce regulatory burden while maintaining or enhancing employees’ safety and health. SIP–IV focuses primarily on OSHA’s construction standards. See the proposed rule here
  • The agency also released a pair of new ICR’s relating to cranes and derricks as well as occupational noice exposure.  Here are the relevant links:
  • OSHA is proposing to add two modified PortaCount® quantitative fit-testing protocols to its Respiratory Protection Standard. The proposed protocols would apply to employers in general industry, shipyard employment, and the construction industry.  See the details here

PHMSA

  • The agency proposes to revise its regulations pertaining to the Hazardous Materials grants program to incorporate the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to implement new requirements set forth by the Fixing America’s Surface Transportation (FAST) Act of 2015. Comments must be received by December 12, 2016.  Here’s your path for feedback
  • The agency also terminated an existing explosive number (EX#) issuance based on the holder, identified by PHMSA as BHT Products, Inc. being non-responsive to their request for data.  Here’s the story

FRA

The FRA followed up its emergency repair order regarding the bottom fitting son DOT-111 tank cars last week with an emergency information collection to gauge response to that directive.  Follow up EICR’s like this are out of the ordinary, illustrating the agency’s concern over the potential risk.  See the EICR here


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.

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