Thursday, June 2, 2016

PHMSA Publishes HMR Update Final Rule

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a final rule in the Federal Register (81 FR 35483-35546) updating a number of entries in the Hazardous Materials Regulations (HMR). The notice of proposed rulemaking (NPRM) was published in January, 2015.

Changes from NPRM

As I noted in that earlier blog post, the rulemaking was in response to a number of petitions for rulemaking, a recommendation from the National Transportation Safety Board, and a number of internal PHMSA safety initiatives.

PHMSA received 56 comments on the NPRM. As a result of those comments PHMSA is modifying one of the proposed changes and removing four of the changes proposed in the NPRM. Additionally, PHMSA noted that based on comments received during the response to the NPRM it is considering a new rulemaking proceeding to address issues raised about mobile acetylene trailer systems.

The one instance of revised language is found in the revision to §107.402(f). Instead of referencing §180.605(k) for compliance requirements, PHMSA is now referencing §178.273 and §178.74.

The deleted provision related to:

The incorporation by Reference of AAR Specifications for Tank Cars (M-1002);
The revision to the forbidden material requirements in § 173.21(e);
The odorization of cylinders and certain cargo tanks containing liquefied petroleum gas (LPG); and
The revision to the definition of “person” in § 180.401.

Effective Dates

The effective date for this final rule is July 5th, 2016. Voluntary compliance is authorized as of June 2nd, 2016. The various incorporation by reference actions listed in this final rule are effective as of July 5th, 2016.

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