PHMSA Issues Proposed Rule Amending Inspection Procedures, As Required by 2012 Transportation Act
The Pipeline and Hazardous Materials Safety Administration issued a proposed rule on hazardous materials procedural regulations for the opening of packages and emergency orders and recalls, as well as notification and inspection requirements, as required by 2012’s Hazardous Materials Transportation Safety Improvement Act. The proposed rule adds an amendment recognizing “the special characteristics and handling requirements of perishable hazardous material.” It says that agents will stop or open perishable hazardous material packages only after they have utilized “appropriate alternatives.”
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The rule proposes to add a provision under 49 CFR Part 109 Subpart B, which covers inspections and investigations. The provision would require “immediate and reasonable notification” of certain enforcement actions, including the opening of packages or removing a package from a shipment. The provision would require notice of the reason for the action being taken, the results of any preliminary investigation and any further actions that may be warranted. This proposed provision codifies the statutory requirements of the Hazardous Materials Transportation Safety Improvement Act, PHMSA said.
The rule proposes another new provision on appropriate equipment for inspectors when they use Part 109 authority. It would require an agent to use appropriate safety, handling and other equipment authorized by administrative requirements for hazardous material inspectors and investigators.
The other requirements in the 2012 transportation act -- which give PHMSA enhanced inspection, investigation and enforcement authority -- will not result in any additional proposed regulatory changes. The department’s rules “thoroughly address the hazmat transportation matters identified by Congress as requiring additional regulations,” PHMSA said. Comments on the proposed rule are due July 22 and can be submitted to www.regulations.gov.
(Federal Register 5/22/13)