In an action sure to please “the little guys,” the FAA is amending a proposed rule to exclude smaller civil airport operations from some safety and security measures that will apply to larger fields hosting heavier operations. Here a vintage Beechcraft Bonanza is on final to Auburn Municipal Airport in Seattle’s southern suburbs. Image © 7/2016 by Nikki Burgess; all rights reserved.
Here it is mid-July already! We here at Labelmaster hope your plans for a summer break are on your schedule, but the regulatory world seems to be seeing little change of pace—those agencies are out there and staying busy with new information and requirements. Here’s the latest:
PHMSA Pre-empts Pittsburgh, PA
In an interesting turn of events regarding federal primacy, PHMSA closed an action regarding imposing pre-emption on to the City of Pittsburgh, PA, after that municipality began imposing a “hazardous materials fee” on motor carriers transporting such material in city limits. That fee was almost immediately challenged by the carriers affected as being in conflict with the trade provisions of the Interstate Commerce Clause of the US Constitution, and the federal primacy over hazmat transport under the 49 CFR Parts 100 – 185. Once PHMSA filed this action, Pittsburgh suspended trying to enforce the fee. PHMSA has subsequently ended their action to pre-empt, but warned that any future effort along those same lines will result in the same turn of events. A number of local municipalities have attempted to impose local fees of this type of late—so far at least, none have successfully stood off a legal challenge. As the largest such city to try it to date, Pittsburgh’s effort and the subsequent result may provide a precedent to the subject. See the story here
FAA
In what might be termed a bit of a victory for “the little guys,” the FAA has amended a proposed rule which would require implementation of “safety management systems” at nearly every airfield in the United States. Such a rule requires the creation of multiple avenues of overlapping control of airfield security and flight operations. Many small operators argued that such rules were beyond their capability and if enforced might result in closure of their airfields. They contended that since such airfields host little or no scheduled airline or even large charter services, that the rule was not applicable to them in its intent. FAA seems to agree, and has amended the NPRM to include only larger fields that host specific types of operations. See the emendation here
U.S. DOT
We don’t normally think of the USDOT as an agency that might classify government information—that’s the DoD’s job, right? Not always. DOT in fact does produce and use classified national security information, and has published its new rule on how it will do so. See the big secret (just kidding—it’s public knowledge) here
More PHMSA
PHMSA in coordination with the Federal Railroad Administration (FRA) announced proposed regulations for Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (HHFTs) to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil. The proposed rule would update and clarify the comprehensive oil spill response plan requirements for certain trains, and would require railroads to share information with state and tribal emergency response commissions to improve community preparedness for potential accidents. The rule would also incorporate a test method for initial boiling point for flammable liquids into the hazardous materials regulations. See the new proposal here
U.S. EPA
- USEPA will conduct a webinar for transportation professionals on July 27th. The subject of the online forum will new research on ways to help mitigate air pollution around roadways and in or near other transportation corridors. If you’re an EH&S provider and would like to learn more—here’s your link
- As part of an ongoing program to help disadvantaged communities clean up so-called “brownfields” – usually former heavy industrial sites that often suffer from significant ground and or water contamination from past uses—the agency announced a $10+ million dollar grant program to help these communities cope. Interested in applying? Here’s the starting pathway
Canada
- Our neighbors in Canada remain busy. Health Canada has issued yet another set of guidance documents related to its 2015 GHS implementation. The guide is merely the latest such effort by that agency intended to help users figure out the what’s, when’s, and why’s of the new rule. Here’s your way in
- Also from Canada: the “Regulations Amending the Contraventions Regulations” were finalized in Part II of the Canada Gazette on July 13, 2016. Changes impacting citations that may ensue in regard to the TDGR appear in Schedule XV of these rules (see amendments numbered 47 to 50) and are accessible through the following website
Australia
Our friends down under are busy with DG changes too. Australia has announced that it will conduct a review of its current regulations with an eye to update and revisions to incorporate all the latest UN thinking. If you do business in the antipodes, you may want to check out their process—and you bet we can direct you
U.S. OSHA
OSHA has delayed implementation of the enforcement provisions of the new injury and illness reporting requirements of its 29 CFR 1904.35 “Employee Rights” provisions. The delay is intended to allow further outreach to the regulated community and will delay enforcement until November 1st of this year. See the delay notice here
Here is information about the specific provisions: https://www.osha.gov/recordkeeping/finalrule/index.html
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