DG Digest: PHMSA seeks fee increases to fund grant programs; FMCSA wants to require interstate CMVs to be equipped with electronic IDs.

The FRA extended the comment period for its NPRM dealing with mandated train crew sizes. An Eastern Illinois Railroad train passes the old Nickel Plate depot in rural Charleston, Illinois in July of 2014.  Photo © 7/2014 by Nikki Burgess; all rights reserved.

The third week of September brought in the formal beginning of Autumn and was another busy one in the regulatory world. The FMCSA released a consequential new proposal for CMV identification technology, and PHMSA proposed a new fee revision. Let’s dig right in to all the action below:


The agency published an ANPRM to solicit feedback on potential adjustments to the statutorily mandated hazardous materials registration and fee assessment program. Actions such as the potential adjustment of fees or the addition of other entities among those required to register may be necessary to fund PHMSA’s national emergency preparedness grant programs at the newly authorized level in accordance with the Infrastructure Investment and Jobs Act of 2021. Comments must be received by December 21, 2022. Find the details right here.


The service is proposing to align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and the International Maritime Organization’s Marine Environment Protection Committee’s Circular 25. The updated tables would provide a list of the liquid hazardous materials, liquefied, and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categorized by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances. Comments must be received by December 21, 2022. See the NPRM here.


On August 30, 2022, OSHA announced an informal stakeholder meeting regarding the rulemaking project for the Process Safety Management (PSM) standard, to be held on September 28, 2022. With this notice, OSHA is postponing the informal stakeholder meeting until October 12, 2022. See the details of the change here.

The Occupational Safety and Health Administration (OSHA) is announcing a public meeting to solicit comments and suggestions from stakeholders on issues facing the agency in the administration of the whistleblower laws it enforces. The public meeting will be held on October 19, 2022. More info is available here.


In what could certainly turn out to be a significant change, FMCSA requests public comment on whether the agency should amend the Federal Motor Carrier Safety Regulations to require every commercial motor vehicle (CMV) operating in interstate commerce to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number when queried by a Federal or State motor carrier safety enforcement personnel. In response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA), FMCSA is considering such amendments to improve the efficiency and effectiveness of the roadside inspection program by more fully enabling enforcement agencies to focus their efforts at high risk carriers and drivers. Comments on this notification must be received on or before November 22, 2022. Find more information about this potentially high-impact rule here.

The agency published an ICR dealing with driver testing, classification, and drug and alcohol monitoring programs. See it at this link.

A second ICR deals with the standards to be considered for automated driving systems for trucks. See this ICR here.


The agency announced an extension of its comment period on the NPRM dealing with train crew size and safety requirements. The comment period is extended to December 2, 2022. See the extension notice here.


The Board announced a meeting of the Rail Energy Transport Committee on October 26th. This committee helps to determine policy regarding the transport of various energy commodities, most of which are dangerous goods. See the meeting details here.

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