PHMSA Proposes More Stringent Safe Haven Storage for Vehicles with Explosives
The Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Motor Carrier Safety Administration, has issued a proposed rule to enhance existing storage requirements for vehicles containing Division 1.1, 1.2, and 1.3 explosives1.
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Comments are due by September 27, 2010.
(Under 49 CFR 397.5, a motor vehicle that contains Division 1.1, 1.2, or 1.3 explosives must be attended at all times, including during incidental storage, unless the motor vehicle is located on the motor carrier's property, the shipper or consignee's property, or at a safe haven, an area specifically approved in writing by Federal, State, or local government authorities for the parking of unattended vehicles containing such explosive materials.
The decision as to what constitutes a safe haven is generally made by the local authority having jurisdiction over the area. The regulations do not include requirements for safety or security measures for safe havens.)
PHMSA Proposes National Fire Standard for Vehicle “Safe Havens”
PHMSA proposes to incorporate National Fire Protection Association (NFPA) standard 498 into the Hazardous Materials Regulations as the federally approved standard for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3 explosives, as it believes that the lack of federal standards for safe havens poses a safety concern.
PHMSA states that NFPA 498 is an accepted standard that imposes rigorous safety requirements on facilities at which explosives are temporarily stored during transportation. NFPA 498 includes the following requirements for vehicles in safe havens (partial list):
Vehicles must be inspected. Vehicles must be inspected before they enter the safe haven, and any risks must be corrected before the vehicle is permitted to enter the safe haven.
Trailers must maintain highway condition. Trailers in the safe haven must be maintained in the same condition as is required for highway transportation.
No vehicle transfer. No explosives may be transferred from one vehicle to another in a safe haven except in case of necessity or emergency.
No other hazmat storage. No vehicle transporting other hazardous materials may be stored in a safe haven unless the materials being transported are compatible with explosives.
Stand-by vehicles on hand. A stand-by vehicle in good operating condition that is capable of moving the explosives trailers must be kept at the safe haven.
PHMSA proposes to add a new 49 CFR 177.835(k) to clearly indicate that Division 1.1, 1.2, and 1.3 explosives may be left unattended by the carrier in a safe haven that meets NFPA 498. PHMSA also proposes to amend 49 CFR 171.7(a)(3) by adding a reference to NFPA 498--Standard for Safe Havens and Interchange Lots for Vehicles.
(See ITT’s Online Archives or 11/23/05 and 07/08/08 news, 05112325 and 08070830, for BP summaries of PHMSA’s November 2005 advance notice of proposed rulemaking, and July 2008 reopening of the comment period.)
1Class 1 explosives are divided depending on the degree and nature of the explosive hazard. The three involved in this proposed rule are: Division 1.1, which includes mass explosion hazards (grenades and mines, and nitroglycerin); Division 1.2 which includes projection hazards without mass explosion hazard (rockets and warheads); and Division 1.3, which includes fire hazards with minor projection hazard and/or minor blast hazard or both (projectiles, signal smoke, and tracers for ammunition).
PHMSA contact -- Ben Supko (202) 366-8553
(FR Pub 07/27/10, D/N PHMSA-2005-22987 (HM-238))