24 Spray April 2016 Steven Charles Hunt President, ShipMate, Inc. From here to there: Topics in Transportation DOT Publishes Final Rule Adopting Special Permits The Pipeline & Hazardous Materials Safety Administration (PHMSA) published in the Federal Register a final rule (HM-233F) on Jan. 21, 2016 that adopts provisions contained in certain widely used or long-standing special permits that have an established safety record. Historically, PHMSA has reviewed widely used or longstanding special permits and adopted those that have an established safety record into the Hazardous Materials Regulations (HMR). Since 2008, PHMSA has issued eight separate rulemakings and adopted a total of 94 hazardous materials special permits into regulation. This rulemaking adopts an additional 96 special permits. Special permits outline alternative requirements, or variances, to the requirements of the HMR in such a way that achieves a safety level at least equal to that required under the regulations. Special permits also provide a mechanism for testing new technologies, promoting increased transportation efficiency and productivity, and improving global competitiveness. PHMSA has routinely analyzed, evaluated and adopted special permits (SPs) into the HMR through established procedures for decades. However, the specific provisions contained in The Moving Ahead for Progress in the 21st Century Act (MAP- 21) required PHMSA to modify and formalize its approach. Table 1 summarizes the different phases of the Special Permits Conversion Project (SPCP). Of the 96 Special Permits incorporated into the HMR in the 52-page rulemaking, there are 24 special permits that have been incorporated that affect the manufacturing, testing and/or distribution of aerosols. Notable examples include: • DOT-SP 7951, which authorizes transportation in commerce of certain aerosols containing Division 2.2 materials, with a charge pressure not exceeding 150psig at 75°F when shipped in a refrigerated state. • DOT-SP 8786, which authorizes transportation in commerce of limited quantities of compressed six gases, Division 2.2, in accumulators that deviate from the required retest parameters. • DOT-SP 11296, which authorizes transportation in commerce of certain waste aerosol cans containing flammable gas propellants, including isobutane and propane, overpacked in a UN1A2 steel drum or a UN1H2 plastic drum for disposal. Table 1. Analysis Phase 1 Development of Methodology The SPCP Management team developed a methodology to consistently evaluate Saps; a system to track this analysis; sub-teams and sub-topic areas used to group similar SPs to be reviewed by the appropriate subject matter experts; timelines and milestones. Phase 2 Preliminary Analysis An initial review of all SPs was conducted. SPs were divided by topics and sub-topics and each transportation regulation specialist was assigned a grouping. These specialists reviewed each permit and made a determination as to an SP’s suitability for adoption into the HMR based on guidance provided by the SPCP Management team. Phase 3 Mentor Review The members of the SPCP Management were assigned topics and conducted a second review of the SPs deemed either not suitable or flagged for further review. Phase 4 Team Analysis PHMSA then established rulemaking teams for each topic composed of a team leader, mentor and team members from each PHMSA Division and modal partners. These teams then conducted a second review of those SPs deemed suitable and those flagged for follow-up. Rulemaking Phase 5 Drafting For SPs deemed suitable, the team drafted regulatory text along with preamble language justifying inclusion into the HMR. The finalized draft of each topic was then submitted to the SPCP Management team for final review. Phase 6 Consolidate Rulemaking Following review by the SPCP Management team, the topic rulemakings were then combined into a master draft along with additional preamble language, regulatory analysis and information collection activities. Phase 7 Rulemaking Coordination The master draft created was then vetted throughout the agency and with our modal partners. In addition, the rulemaking was coordinated with the Office of the Secretary of Transportation and the Office of Management & Budget. Phase 8 Rulemaking Publication Following concurrence from all entities, PHMSA submitted the Notice of Proposed Rulemaking (NPRM) to the Federal Register for publication. Phase 9 Final Analysis and Coordination The draft Final Rule was then vetted throughout the agency and with modal partners. In addition, the rulemaking was coordinated with the Office of the Secretary of Transportation and the Office of Management & Budget. Phase 10 Final Rulemaking Publication Following concurrence from all entities, PHMSA submitted this Final Rule to the Federal Register for publication.
Spray April 2016
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