“Highway-Rail Grade Crossing; Safe Clearance”
Final Rule. September 25, 2013.
This is a major development in an area of much safety concern over accidents and also a much-litigated matter in tort cases.
The background here is detailed and complex.
Among other implications: The PHMSA and FMCSA standard set forth here will likely be incorporated into negligence standard of care instructions to juries and to judges as finders of fact under a “negligence per se” theory.
“Rules of Practice for Federally-Assisted Airport Enforcement Proceedings (Retrospective Regulatory Review)”
September 12, 2013. Final Rule.
“It improves efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modern business practices into how the FAA handles complaints. This amendment is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing rules were implemented in 1996.” Continue reading
“Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes”
Final Rule. September 6, 2013.
“The Coast Guard is also expanding the list of allowed hazardous materials to provide greater flexibility in the selection and use of packaging in the transportation of hazardous materials. This rule will eliminate the need to obtain special permits or Competent Authority Approvals to use IMO Type 1 or Type 2 portable tanks, UN portable tanks, or IBCs.”
“Registration and Financial Security Requirements for Brokers of Property and Freight Forwarders
Notice. September 5, 2013.
“FMCSA has received a number of requests from motor carriers and other transportation companies requesting additional information about when registration as a broker or freight forwarder is required. The Agency has compiled a list of the most common questions and our responses and presents the information below in question-and-answer format. Continue reading
“Information Required in Notices and Petitions Containing Interchange Commitments”
Final Rules. September 5, 2013.
“Uniform Fine Assessment Version 4.0 Software; Calculating Amounts of Civil Penalties for Violations of Regulations”
Notice. September 3, 2013.
“…FMCSA is required to consider certain statutory factors when proposing civil penalties for violations of the FMCSRs and HMRs and since the mid-1990′s FMCSA has used its UFA software to consider those statutory factors. FMCSA has updated the UFA software to ensure that it adequately considers the statutory penalty factors for all statutes and regulations enforced by FMCSA; to implement the Agency’s policy for consideration of the Small Business Regulatory Enforcement Fairness Act; and, to ensure uniformity in proposed civil penalties. UFA 4.0 software also considers the factors set forth in 49 U.S.C. 521(b)(2)(D) for violations of regulations where no statutory factors are otherwise specified by statute. To enhance transparency of the civil penalty calculation, UFA 4.0 generates a report detailing the calculations used to propose civil penalties. While UFA 4.0 is used to calculate the majority of civil penalties proposed by FMCSA, the Agency may propose a civil penalty outside of UFA 4.0 when the proposed civil penalty calculated by UFA 4.0 would not promote enhanced commercial motor vehicle safety or induce prompt and sustained compliance. In such cases, the Agency will nevertheless consider the applicable statutory factors to assess a penalty. This Federal Register Notice supersedes the Federal Register Notice issued by FMCSA entitled, “Civil Penalty Calculation Methodology. ” 76 FR 71431, November 17, 2011.”
Final Rule. August 29, 2013.
“The Coast Guard is revising several vessel inspection and certification regulations to align them with a statutory definition of ‘seagoing barge’ and with a statutory exemption from inspection and certification requirements for certain seagoing barges. The revisions are intended to eliminate ambiguity in existing regulations, to reduce the potential for confusion among the regulated public, and to help the Coast Guard perform its maritime safety and stewardship missions.” Continue reading
“Occupational Safety and Health Standards for Aircraft Cabin Crewmembers”
August 27, 2013. Notice Of Availability; Final Policy And Disposition Of Comments.
This announcement details various comments received from industry stakeholders, together with FAA and OSHA replies.
Text of “Policy Statement on Occupational Safety and Health Standards for Aircraft Cabin Crewmembers” available here.