HAZARDOUS MATERIALS (ENFORCEMENT) – No an enforcement action; but a proposed change in the rule to bar from transport of any materials regulated by the Hazardous Materials Regulation any party that who fails to pay a civil penalty as ordered for a past violation of the HMR.

“Hazardous Materials: Failure To Pay Civil Penalties” 

Notice of Proposed Rulemaking. September 24, 2013.

Significantly upping the ante on those who are “scofflaws” on their hazmat civil penalty orders.

COMMENT: This bears some study, but the literal language would render illegal operation of whatever transport instrumentality is operated by the entity whose PHMSA penalty civil order remains unpaid. 

One area for consideration: Insurance policies that require operation in accord with applicable law.

Another: A lease the similarly requires operation in conformity to applicable law. 

 

 

HAZARDOUS MATERIALS (VARIOUS HMR’s AMENDMENTS) / PHMSA is amending the Hazardous Materials Regulations (HMR’s) to update and clarify them, to eliminate rules no longer needed, facilitate international commerce and simplify the HMR’s – there is no one prevailing policy or theme among these.

March 11, 2013, Final Rule.

“PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.”

March 7, 2013, Final Rule.

“PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for “NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol”; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the vessel’s bridge” while the vessel is in a United States port.”