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PHMSA Reopens ANPR on Temporary Storage of Explosives During Motor Vehicle Transport

July 8, 2008 |Top News

The Pipeline and Hazardous Materials Safety Administration is announcing a public meeting and reopening the comment period on its November 2005 advance notice of proposed rulemaking concerning measures to reduce the risks associated with the storage of explosives while they are in transportation.

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PHMSA is taking these actions to ensure that its stakeholders are fully aware of the risks PHMSA is addressing and given sufficient opportunity to comment.

Comments must be received by October 1, 2008.

PHMSA Has Narrowed Scope of ANPR

While PHMSA's November 2005 ANPR focused primarily on safety issues related to the temporary storage of explosives transported by highway, the ANPR also discussed storage by rail and vessel modes; and storage of other high-hazard materials.

Since publication of the ANPR and after reviewing ongoing federal programs intended to enhance the safety and security of hazardous materials stored during transportation by all modes, PHMSA decided to narrow the scope of this rulemaking to address the area posing the largest risk to the public-the development of measures for ensuring the safety of explosives temporarily stored during transportation by motor vehicle.

PHMSA to Focus on Lack of Uniform Standards for Storage "Safe Havens"

The purpose of this ANPR is to reopen the comment period, which originally closed February 14, 2006, and to announce a public meeting to solicit comments and discussion on the lack of uniform standards for establishing, approving, and maintaining safe havens1 for the temporary storage of explosives during motor vehicle transportation.

PHMSA states that there are currently no minimum or uniform criteria for federal, state, or local governments to use when approving the establishment and operation of safe havens. In addition, it is likely that current, approved safe havens do not comply with the requirements established by 49 CFR Part 397 of the Federal Motor Carrier Safety Regulations (FMCSRs).

Meeting to be Held on August 7, 2008 in Washington D.C.

PHMSA will be holding a public meeting on August 7, 2008 in Washington, DC to help it identify the most appropriate strategies for enhancing the temporary safe storage of explosives during transportation.

PHMSA encourages all interested persons, including state and local officials, emergency response personnel, and explosives shippers and carriers, to participate in this meeting to discuss (partial list):

  1. Are safe havens currently available? How many? Where are they located?
  2. Would a network of safe havens provide a safety benefit?
  3. Would companies use safe havens or continue using driver teams? Does one promote safety more than the other?
  4. Would the adoption of an industry consensus standard such as National Fire Protection Association's Standard 498, ''Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives'' (NFPA 498) promote the development of safe havens?
  5. Do facilities that are being used as safe havens meet the requirements of NFPA 498?
  6. How can PHMSA improve on the safety measures provided in NFPA 498? Should PHMSA include aggregation limits, time limits, etc.?
  7. What is the impact of eliminating the requirement for safe havens to be approved by Federal, state, or local government officials?
  8. Are areas that house carrier facilities (close proximity to transportation arteries, industrial parks, etc.) sufficient locations for safe havens in terms of emergency response capabilities?
  9. Would safe haven operators charge a fee to carriers for allowing them to use their safe haven?

1Under the FMCSRs, a ''safe haven'' is defined as an area specifically approved in writing by Federal, State, or local government authorities for the parking of unattended vehicles containing Division 1.1, 1.2, and 1.3 explosive materials (49 CFR 397.5(d)(3)).

(See ITT's Online Archives or 11/23/05 news, 05112325, for BP summary of PHMSA's November 2005 ANPR.)

PHMSA contact - Susan Gorsky (202) 366-8553

PHMSA ANPR (D/N 2005-22987 (HM-238), FR Pub 07/03/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-15119.pdf