Review - PHMSA to Establish FAQs for HMR

Today, DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice in the Federal Register (87 FR 16308-16310) requesting comments on “Hazardous Materials: Frequently Asked Questions--Applicability of the Hazardous Material Regulations.” It announces the intention of PHMSA to establish “an initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations that have been issued to specific stakeholders into broadly applicable frequently asked questions on its website.”

Initial FAQs

In this Notice, PHMSA is proposing to publish the following FAQs related to 49 CFR 171.1, Applicability of Hazardous Materials Regulations to Persons and Functions (the responses follow the question in the Notice):

(1) Question: Is a Federal, state, or local government agency subject to the HMR?

(2) Question: Are state universities subject to the HMR when transporting hazardous materials?

(3) Question: Is a hazardous material transported on private roads subject to the HMR?

(4) Question: Is a hazardous material subject to the HMR that only crosses a public road?

(5) Question: Are hazardous materials installed or used in or on a motor vehicle ( e.g., gasoline in the motor vehicle's fuel tank) subject to the HMR?

(6) Question: Is the filling of a package with a hazardous material subject to the HMR if it is not being offered for transportation in commerce?

(7) Question: Are stationary (storage) tanks containing a hazardous material such as propane subject to the HMR?

(8) Question: Are hazardous materials being transported for personal use subject to the HMR?

(9) Question: Are privately-owned SCUBA tanks that are used for diving and marked as DOT specification cylinders subject to the HMR?

(10) Question: Are government-owned hazardous materials transported for government purposes by contractor personnel subject to the HMR?

(11) Question: Are gasoline cans transported by a landscaping company by motor vehicle subject to the HMR?

(12) Question: Are household hazardous wastes that are transported by a private person to a county drop-off facility subject to the HMR?

Solicitation of Public Comments

PHMSA is soliciting public comments on this initiative. They are looking for comments on potential benefits that could be seen as a result of this program, and suggestions for future FAQ topics.

Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2021-0109). Comments should be submitted by May 23^rd, 2022.

For more information on the LOI process and new FAQ initiative, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-to-establish-faqs-for-hmr - subscription required.