Notice of Proposed Rulemaking: HM-233B Revisions of Special Permits Procedures

Special permits allow for variances in the regulations as a way to quickly, effectively and safely integrate new technologies for the hazardous materials industry and to also address unique or infrequent transport situations.

This NPRM proposes to clarify existing regulations while requiring additional information that will allow PHMSA to evaluate the level of safety that will be achieved. PHMSA believes it is essential to understand and analyze the risks of a special permit application along with potential failure modes. Failure Mode and Effect Analysis (FMEA) will be an example of acceptable documentation to substantiate the alternative request.

In parts 107.105 of 49 CFR, PHMSA will be looking for additional information on:

• Shipping and incident history in addition to experience relating to the initial application, modification, or renewal of a special permit.
• Identification of increased risks to safety or property that may result is a special permit is granted or renewed.

As this rulemaking will request additional and detailed information in the special permit process, the proposed change is seen as increasing safety and environmental protections.

The comment period for HM-233B remains open until August 26, 2010.

Notice of Proposed Rulemaking: HM-238 Requirements for the Storage of Explosives During Transportation

PHMSA and the Federal Motor Carrier Safety Association (FMCSA) propose to use the National Fire Prevention Association standard 498 as the Federally approved standard for the construction of safe havens used for unattended explosives storage during transport.

The NPRM proposes to amend Part 171 indicating NFPA 498 as the standard and adding a new paragraph (k) to section 177.835 to indicate that Division 1.1, 1.2 and 1.3 explosives may be left unattended in a safe haven meeting the requirements of NFPA 498.

The “safe haven” will promote the safe storage of explosives in a manner that protects the environment from an unintentional release. The adoption of the NFPA standard is intended to provide a clear consistent and measurable Federal requirement for the development and operation of safe havens.

The comment period on HM-238 remains open until September 27, 2010.

Read the full text on these and other NPRM’s at:
http://www.phmsa.dot.gov/hazmat/regs/rulemaking/nprm-anprm

A bill to amend the Toxic Substances Control Act (TSCA) has recently been introduced into the US House of Representatives.  The bill, cited as the “Toxic Chemicals Safety Act of 2010″, is meant to amend the 1976 TSCA legislation that ensures that the public and the environment are protected from risks of chemical exposure. Some of the key goals of the bill include:

• establishing safety reviews and restrictions on chemicals that people may be exposed to
• requires the chemical industry to share data with the EPA, which in turn can share data with other regulators, states and workers
• encourages the development and use of safer chemicals and “green chemistry”
• discourages the use of animal testing
• The full text of the bill can be found at: http://energycommerce.house.gov

Since July 7, the Charlotte Maersk has been burning just off Port Klang, Malaysia. The fire originated in approx. 150 containers and has since been knocked back to 130 containers. Officials estimate that temperatures are approaching 1,000°C.  There are 15 fire fighting experts on board. The high temperatures are hindering the fire fighting response. Unconfirmed reports indicate that a container may have exploded. All crew members are reported safe.

The Charlotte Maersk is an 8200 teu container vessel which was built in 2002.