On September 13, 2011, PHMSA published the current 180-day special permit application list in the Federal Register. Under 49 U.S.C. 5117(c), PHMSA is required to give notice to the public of Special Permit applications which have been under review for issuance or renewal for longer than 180 days. The list includes initial Special Permit applications as well as modification, renewal, and party status requests. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. The full notice can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-22942.pdf

PHMSA also published HM-244D, a corrections document in the September 13, 2011 Federal Register. PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical errors, outdated addresses or other contact information, and similar errors. In the final rule, PHMSA is correcting typographical errors, incorrect CFR references and citations, inconsistent use of terminology, misstatements of certain regulatory requirements, inadvertent omissions of information and outdated transition dates. The full Final Rule can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-23167.pdf

Under 49 CFR, a number of regulatory changes will become mandatory on October 1st, 2010. Three of the changes include:

• Preparation of shipping papers/Emergency response telephone number
  The shipping paper must contain an emergency response telephone number and, if utilizing an emergency response information telephone number service provider, identify the person (by name or contract number) who has a contractual agreement with the service provider.
• Packing instructions(written notification)
  Shipper’s must retain a copy of the written notification for at least 365 days from the date of issuance and have copies available for representatives of the DOT.
• Security plans (if required)
  Security plans must include the identity by job title the senior management official responsible for overall development and implementation of the security plan, security duties for each position and a plan for training hazmat employees. The security plan must be available upon request to the DOT or Department of Homeland Security.

The US DOT is cracking down on commercial drivers texting while driving. Two agencies under the DOT had dockets posted in the federal register today. These dockets will add a federal regulation to the growing list of state regulations that already prohibit texting while driving for drivers of all types of motor vehicles.

The Federal Motor Carrier Safety Administration (FMCSA) issued a final rule which prohibits texting while driving by commercial motor vehicle drivers while operating in interstate commerce. The rulemaking goes into effect on October 27, 2010.

Since the FMCSR rulemaking only appliers to motor carriers and drivers that operate in interstate commerce, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule today. The proposed rulemaking would further prohibit motor carriers and drivers that transport quantities of hazardous materials that require placards or any quantity of select agents or toxins from texting while driving in intrastate commerce. Comments on this proposed rule will be accepted by PHMSA until October 27, 2010.

Both of these rulemakings are aimed at increasing safety on the nation’s highways by reducing the number of accidents caused be distracted driving.

What is it? Comprehensive Safety Analysis 2010 (CSA 2010) is a program being rolled out by the Federal Motor Carrier Safety Administration (FMCSA) to improve truck and bus safety. The aim is to reduce commercial vehicle incidents, injuries and fatalities.

Continue reading »

Cindy Douglass, the Assistant Administrator and Chief Safety officer of the Pipeline and Hazardous Materials Safety Administration (PHMSA), addressed concerns about the organization during her keynote address to the Dangerous Goods Advisory Council (DGAC) annual conference, held this year in San Antonio, Texas.

Continue reading »