Federal Register

Just as a reminder, the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. You can subscribe to the daily FR “Table of Contents” email and research past issues of the FR at www.govinfo.gov/app/collection/FR/

Below is a sampling of federal registers published in the last few months:

• The Federal Motor Carrier Safety Administration (FMCSA) is amending its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs) in 49 CFR Chapter III Parts 350 thru 397. FMCSA is making minor changes to correct inadvertent errors and omissions, to remove or update obsolete references, and to improve the clarity and consistency of certain regulatory provisions. FMCSA is also making a change to its rules of organization, procedures, and practice which includes revising any section heading using a “question-and-answer” format to using a short descriptive phrase for section headings. Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment, pursuant to the good cause exception in the Administrative Procedure Act (APA). This final rule (November 18, 2024 – 89 FR 90608) is effective November 18, 2024. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than December 18, 2024.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting comments on its development of general investigative questions that may be used by PHMSA’s Office of Hazardous Materials Safety (OHMS) field operations personnel when investigating potential general safety issues. These questions are intended to facilitate fact gathering efforts during general investigations related to PHMSA’s safety oversight responsibilities. Answering these questions would be voluntary and not impose any new reporting or recordkeeping requirements on regulated entities. Rather, the goal is to develop a pool of questions that can be tailored as appropriate based on the specific circumstances of a general investigation that is not related to the inspection of an individual company or entity for compliance with the hazardous materials regulations. Interested persons are invited to submit comments concerning this hazardous material information collection activity (November 7, 2024 – 89 FR 88346) on or before January 6, 2025.

• The Nuclear Regulatory Commission (NRC) is proposing to revise the NRC’s regulations in 10 CFR Parts 1 through 171 by adding a risk-informed, performance-based, and technology-inclusive regulatory framework for commercial nuclear plants in response to the Nuclear Energy Innovation and Modernization Act (NEIMA). The NRC plans to hold a public meeting to promote full understanding of the proposed rule and facilitate public comments. Please submit comments by December 30, 2024 concerning this proposed rule (October 31, 2024 – 89 FR 86918). Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received before this date.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to revise the Hazardous Materials Regulations in 49 CFR Part 107 & Parts 171 thru 180 to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce by highway, rail, and vessel. PHMSA, in consultation with the Federal Motor Carrier Safety Administration (FMCSA), the Federal Railroad Administration (FRA), and the United States Coast Guard (USCG), proposes amendments identified during Departmental review and from industry petitions for rulemaking. Comments must be received by January 27, 2025 on this notice of proposed rulemaking (October 28, 2024 – 89 FR 85590). To the extent possible, PHMSA will consider late-filed comments as a final rule is developed.

• The Federal Motor Carrier Safety Administration (FMCSA) is announcing its plan to replace its Unified Registration System (URS), with a new, online registration system, which will be named the “FMCSA Registration System” (FRS). The new system will allow all persons required to register under the Agency’s commercial or safety jurisdiction to do so online.  Comments on this notice (August 28, 2024 – 89 FR 68980) must be received on or before September 27, 2024.

• The Nuclear Regulatory Commission (NRC) is issuing an Interim Enforcement Policy (IEP) that allows staff to exercise enforcement discretion for certain violations of regulations involving robust structures containing category 1 or category 2 quantities of radioactive material, or to large components containing category 1 or 2 quantities of radioactive material, provided the licensee meets certain conditions. This IEP will replace the temporary Enforcement Guidance Memorandum (EGM)–14–001, ‘‘Interim Guidance for Dispositioning 10 CFR part 37 Violations with Respect to Large Components or Robust Structures Containing Category 1 or Category 2 Quantities of Material at Power Reactor Facilities Licensed Under 10 CFR parts 50 and 52. The NRC intends to keep this interim policy in place until the underlying technical issue is dispositioned through rulemaking or other regulatory action. The policy statement containing in this Federal Register (August 23, 2024 – 89 FR 68083) is effective on August 23, 2024.

• The Federal Motor Carrier Safety Administration (FMCSA) will be reviewing its existing guidance documents to evaluate their continued necessity and determine whether they should be updated or eliminated. As part of this review, FMCSA invites the public to identify and provide input on existing guidance documents that are good candidates for revision or rescission. The FMCSA Guidance Portal can be view at https://www.fmcsa.dot.gov/guidance Comments on this federal register notice (August 13, 2024 – 89 FR 65968) should be received on or before September 12, 2024. FMCSA extended the comment period to September 26, 2024 in the federal register notice (September 11, 2024 – 89 FR 73746).

• The Environmental Protection Agency (EPA) is finalizing certain amendments to the hazardous waste manifest regulations in 40 CFR, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. Among other things, EPA is finalizing changes to manifest regulations for shipments of hazardous waste that are exported for treatment, storage, and disposal. EPA is also finalizing regulatory changes to the hazardous waste export and import shipment international movement document-related requirements to more closely link the manifest data with the international movement document data. In addition, EPA is finalizing regulatory amendments to 3 manifest-related reports (i.e., Discrepancy, Exception, and Unmanifested Waste Reports). EPA is also finalizing conforming regulatory changes to the manifest regulations under the Toxic Substances and Control Act (TSCA) for polychlorinated biphenyls (PCB) wastes to better align these requirements with the RCRA manifest regulations and the e-Manifest program. Lastly, this action makes technical corrections to fix typographical errors in the e-Manifest and movement document regulations. This final rule (July 26, 2024 – 89 FR 60692) is effective on January 22, 2025.

  
  

  The EPA published four (4) minor corrections to this final rule (October 31, 2024 – 89 FR86758).

  
  

• The Federal Motor Carrier Safety Administration (FMCSA) updated the National Hazardous Materials Route Registry (NHMRR) as reported to FMCSA from April 1, 2023, through March 31, 2024. The NHMRR is a listing, as reported by States and Tribal governments, of all designated and restricted roads and preferred highway routes for transportation of highway route controlled quantities of Class 7 radioactive materials (HRCQ/RAM) and non-radioactive hazardous materials (NRHM). This notice (July 16, 2024 – 89 FR 57987) is applicable as of July 16, 2024.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is soliciting information from hazardous materials (HAZMAT) shippers pertaining to what small quantities or low concentrations of explosives they offer for transport appear to present a low risk to life, property, and the environment. Currently there are no small quantity or de minimis exceptions for Class 1 explosives in the hazardous material regulations (HMRs) -49 CFR 173.4, 173.4a, nor 173.4b. Interested parties are invited to submit comments on or before September 26, 2024 concerning this request (June 28, 2024 – 89 FR 54157) for feedback on de minimis quantities of explosives.

  
  
  
  

• The Environmental Protection Agency (EPA or the ‘‘Agency’’) is proposing to address the unreasonable risk of injury to human health presented by n-methylpyrrolidone (NMP) under its conditions of use as documented in EPA’s risk evaluation and risk determination for NMP pursuant to the Toxic Substances Control Act (TSCA). NMP is a widely used solvent in a variety of industrial, commercial, and consumer applications including the manufacture and production of electronics such as semiconductors, polymers, petrochemical products, paints and coatings, and paint and coating removers. EPA determined that NMP presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to NMP, including developmental post-implantation fetal loss from short-term exposure and reduced fertility and fecundity from long-term exposure. Additional adverse effects associated with exposure to NMP include liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, skin irritation, and sensitization. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture (including import), processing, and distribution in commerce and use of NMP in several occupational conditions of use; require worker protections through an NMP workplace chemical protection program (WCPP) or prescriptive controls (including concentration limits) for most of the occupational conditions of use; require concentration limits on a consumer product; regulate certain consumer products to prevent commercial use; and establish recordkeeping, labeling, and downstream notification requirements. Comments concerning this proposed rule (June 14, 2024 – 89 FR 51134) must be received on or before July 29, 2024.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting feedback on developing general investigative questions that may be used by PHMSA’s Office of Hazardous Materials Safety (OHMS) field operations personnel when investigating potential general safety issues. These questions are intended to facilitate fact-gathering efforts during general investigations related to PHMSA’s safety oversight responsibilities. The use of these questions would not impose any new reporting or recordkeeping requirements on regulated entities. Rather, the goal is to develop a pool of commonly used questions that can be tailored as appropriate based on the specific circumstances of a given investigation. Interested persons are invited to submit comments on this notice (June 12, 2024 – 89 FR 50045) before August 12, 2024.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting feedback on the current way compressed gas cylinders are marked with tare weight, mass weight, and waster capacity required in 49 CFR 178.35(f). PHMSA would like public input on five (5) questions outlined in this notice (June 06, 2024 – 89 FR 48482) to better inform potential regulatory revisions. Interested parties are invited to submit comments on or before September 4, 2024. Comments received after that date will be considered to the extent possible.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend its regulations in 49 CFR Part 107 concerning registration fees and fee assessment program for persons who transport, or offer for transportation, certain categories, and quantities of hazardous materials. PHMSA’s proposal would increase the annual fee to be paid by those registrants qualifying as a small business or not-for-profit organization by $125 to $375 and by those registrants not qualifying as a small business or not-for-profit organization by $425 to $3,000. PHMSA also proposes to implement an electronic-only registration fee payment process. Finally, PHMSA proposes to revise requirements to clarify that a certificate of registration may be carried in either electronic or paper form for both motor carriers and those who transport hazardous materials by vessel. Comments on this Notice of Proposed Rulemaking (May 24, 2024 – 89 FR 45806) must be received by August 22, 2024.

• The Occupational Safety and Health Administration is amending its Hazard Communication Standard (HCS) in 29 CFR Part 1910 to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily Revision 7 (Rev. 7), address issues that arose during the implementation of the 2012 update to the HCS, and provide better alignment with other U.S. agencies and international trading partners, while enhancing the effectiveness of the standard. This final rule (May 20. 2024 – 89 FR 44144) is effective July 19, 2024.

• The Environmental Protection Agency (EPA) is amending its regulations in 40 CFR Part 751 to address the unreasonable risk of injury to health presented by Methylene Chloride. This final rule (May 08, 2024 – 89 FR 39254) is effective on July 08, 2024.

• The Environmental Protection Agency (EPA) is amending its regulations in 40 CFR Part 302 to include two per- and polyfluoroalkyl substances (PFAS) - perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers as hazardous substances. This final rule (May 08, 2024 – 89 FR 39124) is effective July 8, 2024. The PHMSA will have to adopt these into the hazardous substance (reportable quantity) table in a future final rule.

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) in 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This final rule (April 10, 2024 – 89 FR 25434) is effective May 10, 2024 with voluntary compliance date on January 1, 2023 and delayed compliance date on April 10, 2025. PHMSA published corrections to this final rule on May 09, 2024 (89 FR 39570), and May 13, 2024 (89 FR 41331).

• The U.S. Nuclear Regulatory Commission (NRC) is discontinuing the rulemaking activity, “Radioactive Source Security and Accountability” concerning the proposed ruling for the controls of category 3 levels. This notice (April 2, 2024 – 89 FR 22636) is effective April 2, 2024.

• The Environmental Protection Agency (EPA) is amending its regulations in 40 CFR Part 751 to address the unreasonable risk of injury to health presented by Chrysotile Asbestos. This final rule (March 28, 2024 – 89 FR 21970) is effective on May 28, 2024. EPA also published a correction to this final rule on April 25, 2024 (89 FR 31655).

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced adding a list of Frequently Asked Questions concerning the Training Requirements to facilitate better public understanding and awareness of the Hazardous Materials Regulations (HMR). Please submit comments on or before April 12, 2024 on this notice (March 13, 2024 – 89 FR 18479).

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Nuclear Regulatory Commission (NRC) are jointly seeking comments on issues concerning requirements in the International Atomic Energy Agency (IAEA) regulations for the safe transport of radioactive materials. The IAEA is considering revisions to their regulations SSR–6 (Rev. 1) as part of its periodic review cycle for a new edition of the SSR-6. Submit comments by April 15, 2024 concerning this notice (March 11, 2024 – 89 FR 17537).

• The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations in 10 CFR Part 37 to require NRC and Agreement State licensees to provide advance notification to participating federally recognized Tribal governments regarding shipments of category 1 quantities of radioactive material that pass within or across their reservation boundaries. Comments must be submitted by May 22, 2024 on this proposed rule (March 8, 2024 – 89 FR 16701).

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) in 49 CFR Parts 107, 171, 172, 173, 178, and 180 to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. This final rule (March 4, 2024 – 89 FR 15636) is effective on April 3, 2024, with a delayed compliance date of March 4, 2025.

• The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations in 10 CFR Parts 9, 30, 50, 51, 70, and 110 to make miscellaneous corrections. The amendments correct spelling and references; update contact information; and remove obsolete language. This final rule (November 21, 2023 – 88 FR 80947) is effective on December 21, 2023.

• The Federal Motor Carrier Safety Administration (FMCSA) is amending its regulations in 49 CFR Chapter III (49 CFR Parts 300 – 399) by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). This final rule (November 17, 2023 – 88 FR 80169) is effective November 17, 2023, except for amendatory instruction 88, which is effective January 16, 2024. FMCSA also published a correction on January 5, 2024 (89 FR 712) to this final ruling.

• The Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of injury to human health presented by Trichloroethylene (TCE) under its conditions of use as documented in EPA’s November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). Comments on this proposed ruling (October 31, 2023 – 88 FR 74712) must be received on or before December 15, 2023.

“These articles are presented for informational purposes only. Any opinions expressed represent the professional opinion of WMG, Inc. and its employees and have not been evaluated or approved by regulators. Readers are responsible for performing an independent evaluation and interpretation of any rules or regulations discussed herein.”