PHMSA Publishes Modal Hazmat Update NPRM
Today, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (89 FR 85590-85683) on “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation”. This NPRM proposes the revisioin of the Hazardous Materials Regulations to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce. It is based, in part, on industry rulemaking petitions.
Outside Recommendations
Some of the changes proposed in this rulemaking are based upon outside recommendations from the Railroad Safety Advisory Committee, and three industry petitions.
The RSAC proposed three major changes to the HMR to update, clarify, or remove existing requirements that are outdated or unnecessary. This rulemaking addresses those recommendations. These changes include:
Requiring tank car facilities to apply for and receive a DOT registration letter from PHMSA assigning a registration number prior to qualifying tank cars for service,
Incorporating by reference updated versions of certain industry standards, including the Association of American Railroads (AAR) Manual of Standards and Recommended Practices Section C-III Specifications for Tank Cars (M-1002), and
Revise the requirements for One-Time Movement Approvals (OTMAs).
The three industry petitions addressed in this rulemaking include:
P-1712 from the Chlorine Institute (CI) - This change would remove the requirement to install Crosby pressure relief devices (PRDs) on chlorine cargo tanks, thus providing flexibility by authorizing the use of alternative PRDs meeting the requirements of § 173.315(i).
P-1724 from the Greenbriar Company - The petition for rulemaking asks that the connection be alternatively made between the protective housing and the manway reinforcing pad.
P-1735 from Truck Trailer Manufacturers Association (TTMA) - TTMA requested PHMSA amend §§ 173.33(d)(3) and 180.405(h)(3) to remove requirements referring to the venting capacity of the original specification for the MC cargo tank motor vehicles with upgraded pressure relief valves.
Changes by Transportation Mode
Rail: PHMSA, in conjunction with FRA, proposes numerous revisions to the HMR related to transportation of hazardous materials by rail. These include (the first link is to the list of proposed CFR changes):
Related to the proposed amendments offered by RSAC,
Related to PHMSA initiated editorial clarification,
Highway: PHMSA, in conjunction with FMCSA, proposes numerous revisions to the HMR related to transportation of hazardous materials by highway.
Vessel: PHMSA, in conjunction with the Coast Guard, proposes several revisions to the requirements for transporting hazardous materials by vessel.
Multi-Modal: PHMSA, in conjunction with the three agencies discussed above, proposes several revisions that affect multiple modes of transportation.
Public Comments
PHMSA is soliciting public comments on these proposed rule changes. Comments may be submitted via the Federal eRulemaking Portal {www.Regulations.gov; Docket # PHMSA-2018-0080 (HM-265)}. Comments should be submitted by January 27th, 2025.