The Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering amending the Hazardous Materials Regulations (HMR) by incorporating various amendments to international standards and model regulations, including changes to proper shipping names, hazard classes, packing groups, special provisions, and packaging authorizations. These amendments may be necessary to harmonize the HMR with revised editions of the United Nations (UN) Recommendations on the Transport of Dangerous Goods Model Regulations and Manual of Tests and Criteria, the International Maritime Organization’s Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and Transport Canada’s Transport of Dangerous Goods Regulations.

PHMSA is soliciting public comment regarding the safety consequences, regulatory burden, and cost implications of some of the more significant amendments adopted or under consideration for adoption in the international standards. The amendments range from routine editorial corrections to significant changes to standards for classification criteria, hazard communication, and authorized packaging. A listing and brief explanation of the important amendments to the UN Model Regulations PHMSA believes need public input can be found in the notice (PDF) published in the Federal Register.

Comments on the amendments must be received by January 19, 2010. Comments identified by the docket number PHMSA-2009-0126 may be submitted by any of the following methods:

• Federal eRulemaking Portal: Follow the online instructions for submitting comments.
• Fax: (202) 493-2251.
• Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12- 140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
• Hand Delivery: Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For further information, contact: Michael Stevens, Office of Hazardous Materials Standards, phone: (202) 366-8553; or Shane Kelley, International Standards, phone: (202) 366-0656; Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC 20590-0001.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced it will conduct a public meeting in preparation for the 36th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held November 30 to December 9, 2009, in Geneva, Switzerland. During the meeting, PHMSA will also solicit comments relative to potential new work items which may be considered for inclusion in its international agenda.

The public meeting will be held Tuesday, November 10, 2009, from 9:30 a.m to 12:30 p.m. at the DOT Headquarters, West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590. Conference call-in and “live meeting” capability will be provided for the meeting. Specific information on call-in and live meeting access will be posted online when available. For more details, see the notice (PDF) published in the Federal Register.

The primary purpose of the meeting will be to prepare for the 36th session of the UNSCOE TDG, which is the second meeting of the current 2009-2010 biennium. The UNSCOE will consider proposals for the 17th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations which will come into force in the international regulations beginning January 1, 2013. Topics on the agenda for the UNSCOE TDG meeting include the following:

• Explosives and related matters;
• Listing, classification, and packing;
• Electric storage systems;
• Miscellaneous proposals of amendments to the Model Regulations on the Transport of Dangerous Goods;
• Electronic data interchange (EDI) for documentation purposes;
• Cooperation with the International Atomic Energy Agency (IAEA);
• Global harmonization of transport of dangerous goods regulations with the Model Regulations;
• Guiding principles for the Model Regulations; and
• Issues relating to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

In addition, PHMSA is soliciting comments on how to further enhance harmonization for international transport of hazardous materials. PHMSA has finalized a broad international strategic plan and welcomes input on items which stakeholders believe should be included as specific initiatives within this plan.

The public is invited to attend without prior notification. Due to the heightened security measures, participants should arrive early to allow time for security checks necessary to obtain access to the building.

For further information, contact: Duane Pfund, Director, Office of International Standards or Shane Kelley, International Transportation Specialist, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590; phone: (202) 366-0656.

During a September 10 hearing of the Committee on Transportation and Infrastructure (the Committee), testimony regarding the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oversight and management of hazardous materials safety in the United States drew concerns from legislators. As part of the U.S. Department of Transportation (DOT), PHMSA regulates the transport of explosives, toxic chemicals, and fireworks, among others hazardous materials.

During his opening statements, Committee Chairman James Oberstar voiced criticism of current PHMSA procedures and processes regarding the transport of hazardous materials in the United States, calling them “completely unacceptable.”

He continued, saying that an investigation conducted by the Committee staff, and also by the DOT Inspector General Calvin Scovel III, revealed “a shocking number of failures by PHMSA to follow federal law in hazmat regulation, as well as outright neglect in regulating the transport of hazmat.”

Corrine Brown, chairwoman of the Subcommittee on Railroads, Pipelines, and Hazardous Materials, offered damaging statistics regarding PHMSA’s track record, stating, “Each day, nearly 1.2 million shipments of hazardous materials are moved by all modes of transportation. Over the last decade, there have been over 170,000 incidents involving the transportation of hazardous materials, resulting in 134 fatalities, 2,783 injuries, and more than $631 million in property damage. More disturbing, PHMSA has only 35 inspectors to cover over 300,000 hazmat-related entities.”

In his testimony, Inspector General Scovel also criticized PHMSA, saying, “Regulating and monitoring the movement of hazardous materials is a critical part of ensuring the safety of the nation’s transportation system, and it is PHMSA’s role to properly assess all risks before allowing applicants to participate in commerce under special permits and approvals.”

A summary (PDF) of the Committee’s concerns with current PHMSA operations includes the following:

• The agency has granted 12 blanket waivers to trade associations for use by their members, which total more than 5,000 companies, without any evaluation of their fitness for waivers.
• PHMSA often fails to advise other government agencies of its decisions to waive regulations. In particular, PHMSA officials appear to go out of their way to avoid informing the Federal Aviation Administration of waivers involving air cargo.
• The agency issues special emergency waivers of regulations for shippers without any “meaningful justification” for the expedited action.
•  PHMSA’s failure to promptly address safety issues associated with special permits to transport bulk explosives and lithium batteries.

Of the non-emergency special permits studied in the investigation, 65% were either incomplete, lacking evidence showing the applicant’s safety record, or nonexistent, according to report. Furthermore, of the 16 companies that held the majority of the special permits studied, none fully complied with the terms and conditions of the permits.

Deputy Transportation Secretary John Porcari told the committee that he and Secretary Ray LaHood, who took over the department in February, have begun taking steps to correct the problems identified by investigators.

Pocari said the department has begun conducting a comprehensive review of permitting policies and procedures and will make the necessary revisions. It is also clarifying agency policy to ensure trade associations do not hold special permits, and it is overhauling the data and information technology systems in place to enhance productivity and accountability.

The oversight hearing was held as the committee prepares legislation to reauthorize the hazardous materials safety program, which expired last September. That legislation is expected to be included as part of the Surface Transportation Authorization Act (PDF), which was released in draft form in June.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is planning to conduct a public meeting to receive input and guidance for the upcoming Proof-of-Concept Study on the use of electronic data sharing in lieu of paper hazardous materials shipping documents.

The meeting will be held Tuesday, October 13, 2009, from 9 a.m. to 3:30 p.m., and Wednesday, October 14, 2009, from 9 a.m. to 3:30 p.m., at the DOT Headquarters, West Building, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Persons planning to attend should send an e-mail to ryan.paguet@dot.gov, including name and contact information (company/address/telephone). Due to the nature and length of the meeting, remote access/call-in capability will not be provided.

For further information, contact Ryan Paquet, P.G, Assistant Director, Office of International Standards, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590; (202) 366-0656.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) will conduct a public meeting in preparation for the 22^nd meeting of the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP), to be held October 5–16, 2009 in Montreal, Canada.

The public meeting will take place on Tuesday, September 29, 2009, from 1 p.m. to 3 p.m. The meeting will be held at the DOT Headquarters, West Building, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Conference call-in and “live meeting” capability will be provided for this meeting. Specific information on call-in and live meeting access will be posted when available on the PHMSA Web site.

For further information, contact Duane Pfund, Director, Office of International Standards, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590; (202) 366-0656.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Nuclear Regulatory Commission (NRC) are jointly seeking comments on issues or problems concerning requirements in the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to as TS-R-1). The IAEA is considering revisions to the TS-R-1 regulations as part of its 2-year review cycle for a 2013 edition.

The IAEA established and maintains an international standard, TS-R-1, to promote the safe and secure transport of radioactive material. The IAEA periodically reviews and, as deemed appropriate, revises TS-R-1 to reflect new information and accumulated experience. For more details, see the notice (PDF) published in the Federal Register.

Comments should be submitted by June 15. Comments received after that date will be considered if it is practical to do so, but PHMSA and NRC are only able to assure consideration for proposals received on or before the date specified above.

Comments identified by the docket number (PHMSA-2009-0139) may be submitted by any of the following methods:

• Federal eRulemaking Portal: Follow the online instructions for submitting comments
• Fax: (202) 493-2251
• Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Rounting Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590
• Hand Delivery: Docket Operations, Room W12-140, Ground Floor, West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays

For further information, contact: Rick Boyle, Office of Hazardous Materials Technology, PHMSA; phone: (202) 366-4545.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), in consultation with the Transportation Safety Administration (TSA) of the Department of Homeland Security (DHS), is proposing to modify its current security plan requirements governing the commercial transportation of hazardous materials by air, rail, vessel, and highway.

Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the proposed rule would narrow the list of materials subject to security plan requirements and thus likely reduce associated regulatory costs and paperwork. The proposed rule also would clarify certain requirements related to security planning, training, and documentation and incorporate and build on recent international standards governing hazardous materials security.

Comments may be submitted by November 10, 2008.

For further information, contact: Susan Gorsky or Ben Supko, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, (202) 366-8553.

Please see the notice in the Federal Register for more information.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Aviation Administration (FAA) are in the process of considering changes to requirements in the Hazardous Materials Regulations applied to non-bulk packaging used to transport hazardous material by air. The two agencies are seeking cost-effective solutions that will reduce incident rates and potentially detrimental consequences, without burdening the regulated community unnecessarily.

Both agencies want input from community members, soliciting comments on how to improve the safe transportation of hazardous materials by aircraft. Topics of interest include the following:

1. Enhancing the effectiveness of performance testing for packagings used to transport hazardous materials on aircraft;
2. More clearly indicating the responsibilities of shippers that offer packages for air transport in the Hazardous Materials Regulations (HMR); and
3. Authorizing alternatives for enhancing package integrity.

They are also interested in ways to simplify current requirements.

Comments must be received by September 5, 2008, and may be submitted by any of the following methods:

• Federal eRulemaking Portal: Follow the online instructions for submitting comments.
• Fax: 1-202-493-2251.
• Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
• Hand Delivery: To Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

Be sure that comments include the docket number PHMSA-07-29364 (HM-231A).

Please note that all submissions must include the agency name and docket number of this notice at the beginning of the comment, and that all comments will be posted without change (including personal information) to the docket management system.

To access the dockets to read background information or comments received, please to the Federal eRulemaking Portal.

On March 30, 2007, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register soliciting comments on the merits of a petition for rulemaking filed by the National Association of State Fire Marshals (NASFM). The petitioner asked PHMSA to designate polyurethane foam and certain finished products containing polyurethane foam as hazardous materials when transported in commerce as a matter of safety for emergency responders and the general public. PHMSA is re-opening the comment period so that interested persons may submit additional comments on the March 30, 2007, notice and on supplemental information submitted by the petitioner.

The period for submitting comments on the NASFM petition for rulemaking will remain open until further notice is published in the Federal Register. For more details, please see the notice in the Federal Register.

For further information, contact: Helen Engrum or Susan Gorsky, Office of Hazardous Materials Standards; Phone: (202) 366-8553; Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.

U.S. Secretary of Transportation Mary E. Peters last week announced a notice of proposed rulemaking (NPRM) aimed at improving the safety of rail tank cars that carry the most dangerous hazardous materials.

“This proposal is designed to significantly reduce the hazard of hauling hazardous materials by rail,” Peters said, explaining the performance-based standard will increase by 500 percent on average the amount of energy the tank car must absorb during a train accident before a catastrophic failure may occur.

The proposal requires tank cars carrying Poison Inhalation Hazard (PIH) commodities such as chlorine and anhydrous ammonia to be equipped with puncture-resistance protection strong enough to prevent penetration at speeds of 25 mph for side impacts and 30 mph for head-on collisions — more than double the speed for existing tank cars. The proposal allows flexibility in reaching that goal, but it is expected the outer tank car shell and both head ends will be strengthened, the inner tank holding the hazmat cargo will be better shielded, and the space between the two will be designed with more energy absorption and protection capabilities.

The proposed rule also sets a maximum speed limit of 50 mph for any train transporting a PIH tank car. In addition, a temporary speed restriction of 30 mph is being proposed for all PIH tank cars not meeting the puncture-resistance standard and that are traveling in “dark,” or non-signaled, territory, until the rule is fully implemented or other safety measures are installed.

Finally, the proposed rule requires that some of the oldest PIH tank cars in use today be phased out on an accelerated schedule so they no longer carry PIH materials. Specifically, this addresses the concern that PIH tank cars manufactured prior to 1989 with non-normalized steel may not adequately resist the development of fractures that can lead to a catastrophic failure.

“When the opportunity to make major advances in safety is within our reach, we should not settle for incremental measures,” Federal Railroad Administrator Joseph H. Boardman said.

The proposal was developed by the Department’s Pipeline and Hazardous Materials Safety Administration in close consultation with the Federal Railroad Administration and addresses issues arising from serious train accidents involving hazmat releases that occurred in Minot, N.D.; Macdona, Texas; and Graniteville, S.C.

Details of the changes are available in the NPRM published in the Federal Register. For additional information, please visit the Office of Hazardous Materials Safety Web site.