PHMSA Notice of Proposed Rulemaking

In the dangerous goods community, it can often feel like we’re just a small part of a much larger system, following regulations without much influence. However, there are moments when our voices do matter, like with the latest Notice of Proposed Rulemaking (NPRM). A NPRM is a formal process that allows members of our community to suggest changes and improvements to existing regulations. This means we have the opportunity to shape the rules we work with every day, making them clearer and more practical. It’s a reminder that, even in a regulated world, we can drive meaningful changes to better support the safe transportation of dangerous goods.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is seeking comments from the public on a recently issued a Notice of Proposed Rulemaking (NPRM) that aims to enhance the safety and integrity of pipeline operations across the United States. This NPRM is part of PHMSA’s ongoing efforts to ensure that hazardous materials are transported safely, minimizing risks to public health and the environment.

What are the Potential Changes?

PHMSA is proposing updates to the Hazardous Materials Regulations by incorporating several modal-specific changes aimed at improving the safe transport of hazardous materials in commerce. In coordination with the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the U.S. Coast Guard, PHMSA is suggesting amendments based on departmental reviews and industry petitions for rulemaking.

The following are some of the more noteworthy subjects covered by the proposed revisions:

Rail tank car use requirements as recommended by the Rail Safety Advisory Committee (RSAC).
Rail tank car and service equipment design approval requirements.
Highway cargo tank specifications and requalification requirements.
Marking requirements for cargo tanks that contain multiple petroleum distillate fuels.

PHMSA is also looking to amend the definitions of cargo tank, cargo tank motor vehicle, and minimum thickness. In addition, they are also looking to add the following definitions:

Cargo tank motor vehicle certification date
Component
Flexible connector
Lading retention system
Lining
Name plate
Original test date
Sacrificial device
Shear section
Specification plate

In this rulemaking, PHMSA is soliciting comments from the public and dangerous goods community.

How to Submit Comments:

Comments on this proposed rulemaking must be received within 90 days after the date of publication in the Federal Register (October 4^th). To the extent possible, PHMSA will consider late-filed comments as a final rule is developed. You may submit comments identified by the Docket Number PHMSA-2018-0080 (HM-265) in the following ways:

Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 New Jersey Avenue, SE, Washington, D.C. 20590

The complete Notice of Proposed Rulemaking can be found at the link below:

PHMSA Notice of Proposed Rulemaking: Hazardous Materials – Advancing Safety of Highway, Rail, and Vessel Transportation | PHMSA (dot.gov)

Questions?

ICC the Compliance Center will, of course, be watching as PHMSA progresses through the regulatory development process. If you have any questions, contact our team of experts at 855.734.5469 or send us an email, we’re happy to help.