1

PHMSA Regulatory and Legal Update

Dangerous Goods Advisory Council Conference and Hazardous Materials

Transportation ExhibitionOctober 2012

- 1 -

October, 2012

Presented by William S. Schoonover

Deputy Associate AdministratorField Operations

To protect people and the environment from the risks inherent in transportation of hazardous

materials by pipeline and other modes of

Our MissionOur Mission

- 2 -

materials by pipeline and other modes of transportation.

Hazmat Regulatory Priorities

• Promote safety and security

• Develop clear regulations and keep them current

• Harmonize with international regulationsg

- 3 -

2

Our ImpactOur Impact

The HMR list approximately 3,000 hazardous materials – if accidentally or intentionally released, can pose risks to public health and safety, property, and the environment.

- 4 -

Actions that Initiate Rulemaking

• Safety problems identified by PHMSA, NTSB, regulated community, or others

• NTSB recommendations

• Petitions for rulemaking

• Harmonization

• Congressional mandates

• Regulatory reviews- 5 -

Retrospective Regulatory Review (RRR)

Executive Orders to review regulations and reduce regulatory burdens while protecting public health, welfare, safety, and our environment.

• Executive Order 13610, Identifying and Reducing Regulatory Burdens (May 10, 2012)

• Executive Order 13563, Improving Regulation and Regulatory Review (January 18, 2011)

• Executive Order 12866, Regulatory Planning and Review (September 30, 1993)

- 6 -

3

How you can make a difference• Letters of Interpretation -

– Request an interpretation on an unclear issue– Let us know when you find a letter that is

incorrect or out-of-date.• Petitions –

- 7 -

• Petitions –– Request a change to the regulations - §106.95

• Rules -– Provide suggestions that will help us improve and

clarify the regulations.• Send your email to infocntr@dot.gov

– Attention: Charles Betts

Final Rules

- 8 -

HM-256A: Restricting the Use of Cellular Phones by Drivers of Commercial Motor Vehicles in

Intrastate Commerce• Purpose

– Prohibit drivers of commercial motor vehicles with placarded loads or a select agent or toxin from using a cell phone while

- 9 -

agent or toxin from using a cell phone while driving.

• Published 12/02/2011; Effective 1/03/2012; Follow-up to HM-256

• Summary

– Includes carriers who operate exclusively in intrastate commerce thus expanding upon FMCSA’s final rule, which prohibits drivers who are required to have a CDL from using hand-held mobile devices.

− www.distraction.gov

4

HM-231A: Packages Intended for Transport by Aircraft

• Purpose

– Harmonizes with 2011-2012 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) for the packaging closures by air.) p g g y

• Published 4/16/2012; Effective 7/01/2012

• Voluntary Compliance 5/16/2012

• Summary

– Enhances the integrity of inner packagings or receptacles of combination packagings containing liquid hazardous material.

– Secondary means of closure - 10 -

Notices of Proposed Rulemaking (NPRM)&

Advance Notices of Proposed Rulemaking (ANRM)

- 11 -

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

HM-253—Hazardous Materials: Reverse Logistics (RRR)

• ANPRM published 7/5/2012

– Comments must be received by October 3, 2012.

• Purpose:

– to seek comments to identify ways to reduce regulatory burden for shippers of consumer products containing hazardous materials in the “reverse logistics” supply chain.

• Summary: PHMSA anticipates publishing an NPRM that will propose to simplify the regulations for reverse logistics shipments and provide a means for regulatory compliance that maintains transportation safety. - 12 -

5

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

HM-257 Revision to Fireworks Regulations (RRR)

NPRM Published: 08/30/2012; Comments Due: 10/29/12

Purpose and Summary:

• Provide alternative for Division 1.4G Consumer fireworks--tifi ti f FCA i li f l f PHMSA certification from a FCA, in lieu of approvals from PHMSA

• Establish criteria required to be considered an FCA as well as the process for applying to become an FCA.

• Define a unique identifier scheme to differentiate between an approval issued by PHMSA certification issued by an FCA.

• Establish requirements to ensure that FCAs are correctly certifying Division 1.4G consumer fireworks and are in compliance with the HMR and the FCA approval. - 13 -

HM-254: Approval & Communication Requirements for Air Bag Inflators, Air Bag

Modules, & Seat-Belt Pretensioners• Purpose

– Incorporate two special permits into the regulations and revise the approval and documentation requirements for t i l i t l l ifi d i b i fl t a material appropriately classified as an air bag inflator,

air bag module, or seat-belt pretensioner

• Published 3/26/2012; Comment period closed 5/25/2012

• Summary

– Will reduce regulatory burden & maintain level of safety

– Proposes elimination of the need for EX approval of specific air bag and seat belt devices.

– Revises current requirements for airbags. - 14 -

HM-224F: Transportation of Lithium Batteries; Request for Additional Comment

• Purpose

− Seeks comment on the impact of changes to the requirements for the air transport of lithium cells and b tt i th t h b d t d i t th 2013 2014

- 15 -

batteries that have been adopted into the 2013-2014 ICAO TI

• Published 4/11/2012; Comment period closed 5/11/2012

• Summary

− PHMSA is considering whether to harmonize with these requirements and is publishing this notice to allow interested persons an opportunity to supplement comments to our January 11, 2010, NPRM.

− Supplements previous Lithium battery proposals

6

HM-218G – Miscellaneous Amendments (RRR)• Purpose

– Clarify various miscellaneous issues in the HMR identified through a review of the regulations and letters of Interpretation issued by PHMSA

• Published 4/26/12; Comment period closed on 6/25/12

• Summary

– Updates harmonizes the alcoholic beverage exception,

– Clarifies the lab pack requirements for temperature-controlled materials,

– Revises the training requirements to require training records be made available upon request to an authorized officials

- 16 -

HM-219 - Miscellaneous Petitions for Rulemaking (RRR)

• Purpose

– Responds to petitions for rulemaking submitted by the regulated community.

• Published 5/24/12; Comment period closed on 7/23/12

• Summary:– Harmonizes to provide a limited quantity exception for Division

4.1, Self-reactive solids and Self-reactive liquids Types B through F

– Amends the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging;

– Removes the listing for “Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol, NA1203.”

- 17 -

HM-234 - Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RRR)

• Purpose– Requests comment on ten petitions for rulemaking

and on incorporating the provisions of three special permits, applicable to the manufacture, use and requalification of cylinders.

• Published 5/29/12; Comment period closed on 7/28/12

• Summary– While no proposals are made in this ANPRM, PHMSA

believes comments will provide valuable background in developing future amendments to the HMR.

– Considers incorporation of numerous industry standard publications

- 18 -

7

HM-215K - Harmonization with the UN Recommendations, IMDG Code, and the

ICAO Technical Instructions• Purpose

– Aligns the HMR with recent revisions to international standardsstandards.

• Published 5/25/12; Comment period closed on 7/24/12

• Summary

– This NPRM responds to administrative appeals and solicits comment on proposals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011 (HM-215K; 76 FR 3308).

- 19 -

HM-215K: Harmonization with UN Recommendations, IMDG Code & ICAO TI

Publication Date Rule Type Purpose8/24/10 Notice of Proposed Rulemaking Original Proposed Harmonization

efforts

1/19/11 Final Rule Adoption of select original

- 20 -

1/19/11 Final Rule Adoption of select original proposals

12/30/11 Final Rule Response to appeals,clarifications and corrections

5/25/12 Notice of Proposed Rulemaking Response to appeals,clarifications and corrections that are beyond the scope of original proposal

TBD Final Rule Adoption of select appeals, clarifications and corrections that are beyond the scope of original proposal

HM-215L Hazardous Materials: Harmonization with International

Standards (RRR)•Purpose

– Maintain alignment with international standards.

•Published 8/15/2012; Comment Period ends 10/15/2012

- 21 -

Published 8/15/2012; Comment Period ends 10/15/2012

Summary:• Incorporate revised international

standards• Adopt chemical under pressure

provisions

• Expand packaging authorizations • Specify minimum size requirements for ID Nos on non-bulk packaging

• Revise vessel stowage codes • Revise HMT entries

• Adopt flexible bulk container requirements

8

Notices

- 22 -

Notice 12-4United States and Canada Regulatory

Cooperation Council (RCC): Dangerous Goods Working Group

• Docket Number PHMSA 2012-0058

• Published 3/26/2012; Comments closed 4/25/2012

• Requested comments and suggestions relative to the draft work plan of the Transportation--Dangerous Goods Working Group, of the United States-Canada Regulatory Cooperation Council (RCC)

• See www.trade.gov/rcc

- 23 -

MAPMAP--21, Title III 21, Title III -- Hazardous Hazardous Materials Transportation Materials Transportation

Safety Act 2012Safety Act 2012

- 24 -

9

Moving Ahead for Progress in the 21Moving Ahead for Progress in the 21stst

Century (MAPCentury (MAP--21)21)

On July 6, 2012, President Obama signed a two year transportation bill (MAP-21) aimed to create jobs and restore America’s transportation system

- 25 -

MAP-21 was enacted to:

• Sustain America’s Highway Trust Fund

• Provide states and communities with two years of steady funding to build needed roads, bridges, and transit systems

• Build on the Department of Transportation’s (DOT) efforts to improve safety across all forms of transportation and to make progress on transportation alternatives

Title III Title III –– Hazardous Materials Transportation Hazardous Materials Transportation Safety Improvement Act 2012Safety Improvement Act 2012

This section focuses on the safe transportation of hazardous materials (hazmat) by all modes of transportation and provides resources to PHMSA to carry out its critical safety mission

Title III puts emphasis on the following:

- 26 -

Title III puts emphasis on the following:

• Data Collection and Research

• Transportation Safety

• Special Permits

• Motor Carrier Safety Permits

• Strengthening Enforcement

• Training Programs (Inspectors, Investigators, and Emergency Responders)

MAP-21: Hazmat Safety Implications

PHMSA Hazmat Safety Provisions

• Strengthens paperless hazard communications initiative

• Enhances emergency responder training grant program

S t Ad i i t ti ff t t i d t ll ti • Supports Administration efforts to improve data collection, analysis, and reporting

• Promotes uniform performance standards for training hazmat inspectors and investigators

• Adjusts civil penalties to promote greater regulatory compliance

• Clarifies PHMSA’s authority to open a hazardous materials package

- 27 -

10

MAP-21: Hazmat Safety Implicationscontinued…

• Promotes transparency in special permit procedures and evaluation

• Supports Administration efforts to convert well established special permits into regulations of general applicability

E t bli h titi f h t l t i i • Establishes competitive process of hazmat employee training grants

External Hazmat Safety Provisions

• Mandates GAO to evaluate and report on the safety of wetlines

• Requires highway hazardous materials routes to be included on DOT’s hazmat route registry

• Improves the Motor Carrier Safety Permits program- 28 -

Risk ManagementRisk ManagementFrameworkFrameworkFrameworkFramework

- 29 -

Identify

AssessMonitor

Drive program priorities

In a risk-based, data driven organization, data is used to...

Monitor

Manage

Improve ability to detect emerging risks

Target/focus prevention activities

Evaluate the effectiveness of programs to help improve them as a means of reducing risk

11

Decision Making

Immediate

Identify immediate

safety risks to assist in

prioritizing and focusing

resources

Identify trends using hot spots, heat maps, and risk models to

make short and long term decisions

Anticipate likelihood of

future events to set long term

direction of the organization

Short Term

Long Term

S f

Validate Organization Purpose and Function“Why the organization exists”

Identify Future State and Implications“Where it is going”

Determine Results to Accomplish“What it looks like when we are there”

VISION

MISSION

OUTCOME GOALS

Strategic Planning Model

32 1

Develop Specific Targets“How” to Achieve Goals and Vision

Develop Tactical-Level Responsibilities, Activities and Schedules“What we do”

STRATEGY

Creating the Strategic Plan for the Office of Hazardous Materials Safety

Execute and Manage from a Performance-Based Standpoint

PERFORMANCE MEASURES

OUTPUTS

ACTIVITIESActual Results of Implementation of Strategy “Immediate results of what we do”

OHMS Strategies• Develop/implement Risk Management Framework• Integrate, target, and expand safety inspections• Expand accident investigation program• Uniform standard for Field Ops training• Expand data collection and analysis

Risk Management

• Initiate a comprehensive regulatory review• Publish updated classification standards• Strengthen standards for transporting lithium batteries by air

Regulatory Agenda

• Advance research to develop technologies

Advances in Technologybatteries by air

• Develop a continuous improvement program for inspections, investigations, and penalties

• Operate Hazardous Materials Information Center• Voluntary Compliance–Increase focus on safety beyond compliance

Compliance

• Strengthen capabilities of emergency responders with targeted planning and training grants

• Use data and risk model to focus resources and identify emerging risks

• Advance development of electronic shipping papers• Use special permits to facilitate the movement of response equipment and materials

Preparedness & Response

• Advance research to develop technologies and procedures

• Increase the safety oversight of companies and operations with permits and approvals

• Implement IT Modernization

• Collaborate with modal & state partners• Strengthen capabilities of our partners, in both prevention and response

• Share information with stakeholders• Develop incentives for sharing lessons learned

Leveraging Partnerships

• Harmonize Regulations

Economic Competitiveness

12

Performance Measures

Questions?Questions?Questions?Questions?

- 35 -