Regulatory Update – April 26, 2024

April 26, 2024

Update on Relevant U.S. Regulations

PHMSA Announces Future Office of Hazardous Materials Safety Meetings
On April 24, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Office of Hazardous Materials Safety  it will host three public meetings throughout the remainder of 2024 in advance of certain international meetings. Specific information for each meeting will be posted  and will include the public meeting date, time, remote access login, conference dial-in number and details for advance registration.

FMCSA Requests Comments on FRS ICR
On April 19, the Federal Motor Carrier Safety Administration (FMCSA)  comments on its FMCSA Registration System (FRS) information collection request (ICR). FMCSA is replacing its Unified Registration System with a new, online registration system which will allow all persons required to register to do so online. Comments are due by June 18.

PHMSA Publishes Updates on Special Permits
On April 18, PHMSA published updates on special permit applications:

NHTSA Requests Comments on Two New FMVSS for Motor Vehicles Using Hydrogen as a Fuel Source
On April 17, the National Highway Traffic Safety Administration (NHTSA)  comments on its proposal to establish two new Federal Motor Vehicle Safety Standards (FMVSS) specifying performance requirements for all motor vehicles using hydrogen as a fuel source. FMVSS No. 307, Fuel System Integrity of Hydrogen Vehicles, would specify requirements for the integrity of the fuel system in hydrogen vehicles during normal vehicle operations and after crashes. FMVSS No. 308, Compressed Hydrogen Storage System Integrity, would specify requirements for the compressed hydrogen storage system to ensure the safe storage of hydrogen onboard vehicles. Comments are due by June 17.

NHTSA Requests Comments on Replacement to FMVSS No. 305, Electric-powered Vehicles: Electrolyte Spillage and Electrical Shock Protection
On April 15, NHTSA  comments on its proposal to establish FMVSS No. 305a to replace FMVSS No. 305, Electric-powered Vehicles: Electrolyte Spillage and Electrical Shock Protection. No. 305a would apply to light and heavy vehicles and would have performance and risk mitigation requirements for the propulsion battery. Relating to a National Transportation Safety Board recommendation, FMVSS No. 305a would also require manufacturers to submit standardized emergency response information for inclusion on NHTSA’s website that would assist first and second responders handling electric vehicles. Comments are due by June 17.

FMCSA Requests Comments on Generic Clearance of Customer Satisfaction Surveys ICR
On April 15, FMCSA  comments on its Generic Clearance of Customer Satisfaction Surveys ICR, which allows FMCSA to continue collecting feedback on its service delivery. Comments are due by May 15.

PHMSA Releases Interpretation on Shipping Papers
On April 4, PHMSA  a clarification to the Hazardous Materials Regulations (HMR) related to shipping papers and whether a shipping paper may include a company slogan or other non-regulatory information directly below the shipping description. PHMSA shared that in response to the specific question, the additional non-regulatory information would not be a violation of the HMR.

PHMSA Releases Interpretation on Placarding Requirements for Transportation of Nitrogen
On March 27, PHMSA  a clarification to the HMRs related to placarding requirements for transportation of nitrogen, refrigerated liquid in insulated cargo tanks. PHMSA shared that placards are not required on the insulated cargo tanks used for carriage of nitrogen, refrigerated liquid when transported in accordance with the conditions of § 173.320(a).

PHMSA Releases Interpretation on Transportation of Carbon Dioxide
On March 27, PHMSA  a clarification to the HMRs related to the transportation of carbon dioxide. PHMSA responded while CO2 is listed in the § 172.101 hazardous materials table as a Division 2.2 gas, CO2 does not meet the definition of a Division 2.2 gas when transported as described in the request for interpretation.

PHMSA Releases Interpretation on Transportation of Phosphine
On March 27, PHMSA  a clarification to the HMRs relating to the transportation of phosphine and whether the quantity described in the request is a reportable quantity. PHMSA shared that a hazardous substance is a material listed in Appendix A of § 172.101 in a quantity contained in one package that equals or exceeds the reportable quantity for the material listed in Appendix A to § 172.101 and satisfies the applicable criteria for “hazardous substance” as defined in § 171.8.

Update on Exemptions

FMCSA Denies FLHSMV Application for Exemption
On April 18, FMCSA  its denial of Florida Department of Highway Safety and Motor Vehicles’ (FLHSMV) application for exemption from the commercial driver’s license (CDL) skills testing regulation requiring the three-part CDL skills test to be administered and successfully completed in the following order: pre-trip inspection, basic vehicle control skills and on-road skills. After reviewing the application and the comments submitted to the docket, the agency has determined the record does not show granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the exemption.

FMCSA Requests Comments on K & L Exemption Application
On April 15, FMCSA  comments on an exemption application to allow K & L Trucking (K & L) to transport metal coils using a single two-ply nylon-Kevlar tie-down strap to secure its metal coils for transport to a metal coil carrier affixed to the bed of its trucks/trailers as an alternative to the requirements in current regulations. K & L states its method of securing steel coils is a safe alternative to the method required in the FMCSRs for the short distance each load is transported. Comments are due by May 15.

FMCSA Requests Comments on HDOT Exemption Application
On April 15, FMCSA  comments on the Hawaii Department of Transportation’s (HDOT) request for an exemption on behalf of the Hawaii Department of Education’s Transportation Services Branch and independent schools statewide to allow Class A or B CDL holders with a passenger (P) endorsement to operate a school bus without holding a school bus (S) endorsement and to allow the use of motorcoaches and vans to transport students to/from a central location to school daily. Comments are due by May 15.

CVSA Active Exemption Tracker
CVSA maintains a  issued by FMCSA. The exemption tracker can be found at cvsa.org under the “Inspections” tab at the top of the page.

Other Items of Interest

PHMSA Publishes Quarterly Hazardous Matters Newsletter
Hazardous Matters is PHMSA’s quarterly  for hazardous materials safety. Every quarter, this publication consolidates timely information on the latest rulemaking activities, upcoming workshops and webinars, newest publications, and other highlights from PHMSA’s current safety initiatives. The current version was  earlier in April.