PHMSA ANPR Seeks Comments on Enhancing Requirements for Storage of Explosives & Other High-Hazard Materials During Transport
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advance notice of proposed rulemaking (ANPR) which announces that it is reevaluating the current safety and security risks associated with the storage of explosives during transportation. PHMSA explains that it is soliciting comments concerning measures to reduce the risks posed by the storage of explosives while they are in transportation and whether regulatory action is warranted.
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PHMSA also solicits comments as to whether enhanced requirements for storage incidental to movement should apply to other highly hazardous materials (hazmats) (e.g., materials toxic by inhalation).
According to PHMSA, commenters should be aware that the information and data generated in response to this ANPR could result in a proposed rule that would apply more generally to shippers and carriers of explosives and other high-hazard materials.
(The Research and Special Programs Administration (RSPA), the PHMSA's predecessor agency, has previously noted that the current Hazmat Regulations (HMR) requirements applicable to the storage of explosives during transportation need to be reevaluated to ensure that they adequately account for potential safety and security risks. For example, concerns were expressed regarding the lack of Federal standards for safe havens and inconsistent State requirements.)
Concern Over Storage Facility Standards for Explosives & High-Hazard Materials
The PHMSA explains that the HMR require shipments stored during transportation to conform to the same requirements that apply when the shipments are actually moving (e.g., shipping papers, emergency response information, hazard communication, packaging, and segregation). The HMR also require facilities at which explosives and other high-hazard materials are offered or stored during transportation to have security plans which are based on an assessment of possible security risks and include measures addressing those risks.
PHMSA states that the HMR do not otherwise include specific requirements for facilities at which explosives or other high-hazard materials are stored during transportation. PHMSA notes that the HMR do not establish specific standards for storage facilities nor do they limit the amount of a material that may be stored in a single location.
Possible Incorporation of Certain Government and Industry Standards
Because it is concerned that the HMR do not adequately address safety and security risks, it is seeking comments and information on the adequacy of the existing regulatory requirements and the need for additional, more specific requirements. PHMSA notes that security measures being considered include improvements to security plans, modification of methods used to identify shipments, enhanced requirements for temporary storage, and implementation of tracking and communication systems.
The standards for which PHMSA is seeking comments include certain HMR requirements, Federal Motor Carrier Safety Administration (FMCSA) requirements, Coast Guard Requirements, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Regulations, National Fire Protection Association (NFPA) 498: Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives, etc.
PHMSA asks shippers and carriers of explosives and other high-hazard materials to consider the implications of incorporating certain governmental and industry standards into the HMR. PHMSA asks these stakeholders to consider the effects on transportation safety and security at explosives storage facilities and the effect on intermodal transportation of explosives.
In addition to a list of questions provided for commenters, PHMSA notes that it is particularly interested in comments from explosives shippers and carriers and State governments regarding their experiences with safe havens.
(See ITT's Online Archives or 11/14/03 news, 03111420, for Part V of BP summary of an RSPA final rule on hazmat loading, unloading, and storage during transportation, with links to earlier parts. See ITT's Online Archives or 04/28/05 news, 05042825, for BP summary of PHMSA amendments and corrections to this final rule.)
- written comments must be received by February 14, 2006
PHMSA contact - Ben Supko (202) 366-8553
PHMSA ANPR (D/N PHMSA-2005-22987 (HM-238), FR Pub 11/16/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-22751.pdf