Review - PHMSA Publishes HMR Modernization ANPRM

PHMSA is publishing an advanced notice of proposed rulemaking (ANPRM) in Wednesday’s (available online today) Federal Register (88 FR 43016-43047) for “Hazardous Materials: Modernizing Regulations To Improve Safety and Efficiency”. PHMSA is publishing this ANPRM to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations (HMR) and improve efficiencies while maintaining or improving a current high level of safety. PHMSA is considering addressing 46 different topics in this rulemaking.

PHMSA notes that the HMR focuses on three primary goals:

• Ensure that hazardous materials are packaged and handled safely and securely during transportation,

• Provide effective communication to transportation workers, emergency responders, and the general public of the hazards of the materials being transported, and

• Minimize the consequences of an accident or incident should one occur.

As new technologies become available, they may have effects on achieving those goals. Fully recognizing that concept PHMSA is soliciting comments on the safety, environmental, and economic impacts of regulatory modernization initiatives suggested by the regulated community and other stakeholders.

Public Comments

PHMSA is soliciting public comments on this ANPRM and has provided an example of a format for responses that will be easiest for them to digest.. Because of the breadth of the scope of this proposed rulemaking, PHMSA does not expect each commentor to reply to each set of questions (or even each question in a given series), but the more responses that PHMSA receives, the better they will be able to craft the subsequent notice of proposed rulemaking.

Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket #PHMSA-2019-0031). Comments should be sent by October 3^rd, 2023 (a 90-day response window!), but that is not a hard cutoff since this is an ANPRM.

 

For more details on the 46 areas of concern, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-hmr-modernization - subscription required.