PHMSA Resumption of Transportation NPRM

The Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in today’s Federal Register (78 FR 30258-30266) implementing Congressional requirements for the agency’s enhanced enforcement procedures resumption of transportation rules. These requirements were set forth in §33009 of MAP 21 (PL 112-141).

The proposed regulation would:

• Clarify the Department's position with respect to perishable hazardous material, by amending the opening of packages provision of the Department's hazardous materials procedural regulations for the opening of packages, emergency orders, and emergency recalls;

• Recognizes the special characteristics and handling requirements of perishable hazardous material by clarifying that an agent will stop or open a package containing a perishable hazardous material only after the agent has utilized appropriate alternatives;

• Codify the statutory notification requirement in HMTSIA by incorporating into the regulations the Department's current notification procedures from the operations manual that was developed in conjunction with the PHM-7 final rule; and

• Add a new provision to address appropriate equipment for inspectors.

Public comments on this NPRM are being solicited by PHMSA. Public comments may be filed via the Federal eRulemaking Portal {www.Regulations.gov; Docket #PHMSA-2012-0259 (HM-258B)}. Comments must be received by July 22^nd, 2013.

BTW: The MAP-21 requirements include a mandate for the Secretary to have these regulations finalized by July 6^th, 2013; an unrealistic requirement if there ever was one and one that will obviously not be met.