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25 July 2008
[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Notices]
[Page 41399-41401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy08-133]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Meeting Future Hazardous Materials
Transportation Safety Challenges
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of public workshop--``Transporting Hazardous Materials
Safely--the Next 100 Years.''
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SUMMARY: PHMSA is hosting a public workshop to identify and discuss
strategies for meeting emerging hazardous materials transportation
safety challenges, particularly in the development of innovative safety
solutions that provide the Department of Transportation, other federal
agencies, state agencies, the regulated community, and emergency
response organizations with flexible tools to manage and reduce safety
risks. The workshop will provide an opportunity for PHMSA and its
stakeholders to discuss the future direction of the hazardous materials
transportation safety program, with a focus on three broad themes: (1)
Safety, Risk Reduction, and Integrity
[[Page 41400]]
Management; (2) 21st Century Solutions: Using New Technology for
Improved Safety Controls/Improving Safety Controls for New Technology;
and (3) Achieving Balance and Effectiveness--Consistency and
Uniformity.
DATES: July 31, 2008, starting at 8:30 a.m.
ADDRESSES: The workshop will be held at the U.S. Department of Housing
and Urban Development Conference Facility, 451 7th Street, SW.,
Washington, DC 20410. For information on the facilities or to request
special accommodations at the workshop, please contact Ms. Maria Howard
by telephone or e-mail as soon as possible.
FOR FURTHER INFORMATION CONTACT: Ms. Maria Howard, 202-266-0225, e-mail
Maria.Howard@dot.gov or LaToya Moore, 202-366-0656, e-mail
Latoya.Moore@dot.gov, Office of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
SUPPLEMENTARY INFORMATION: The U.S. Department of Transportation (DOT),
through PHMSA and other DOT operating administrations, is responsible
for a comprehensive, nationwide program designed to protect the Nation
from the risks to life, health, property, and the environment inherent
in the commercial transportation of hazardous materials. This year
marks the 100th anniversary of the hazardous materials transportation
safety program, which originated with enactment of the Transportation
of Explosives and Other Dangerous Articles Act (specifically, ``An Act
to promote the safe transportation in interstate commerce of explosives
and other dangerous articles'') on May 30, 1908. The Act charged the
Interstate Commerce Commission (ICC) with formulating binding
regulations ``in accord with the best known practicable means for
securing safety in transit, covering the packing, marking, loading,
handling while in transit, and the precautions necessary to determine
whether the material when offered is in proper condition to
transport.'' The Act specifically required the marking of every package
containing explosives ``or other dangerous articles'' and prohibited
false or deceptive markings, descriptions, or declarations.
Since 1908, the federal program to minimize the risks associated
with the commercial transportation of hazardous materials has evolved
from its initial focus on the regulation of explosives to a broad and
comprehensive safety and security program applicable to a wide variety
of materials and articles shipped by multiple modes of transport across
interstate and international boundaries and overseen by an array of
federal and state agencies. Hazardous materials are essential to the
economy of the United States and the well-being of its people.
Hazardous materials fuel automobiles, and heat and cool homes and
offices, and are used for farming and medical applications and in
manufacturing, mining, and other industrial processes. More than 3
billion tons of regulated hazardous materials--including explosive,
poisonous, corrosive, flammable, and radioactive materials--are
transported in this country each year. Over 800,000 shipments of
hazardous materials move daily by plane, train, truck, or vessel in
quantities ranging from several ounces to many thousands of gallons.
These shipments frequently move through densely populated or sensitive
areas where the consequences of an incident could be loss of life or
serious environmental damage. Our communities, the public, and workers
engaged in hazardous materials commerce count on the safety and
security of these shipments.
The system of controls and standards developed over the last 100
years has achieved considerable success in reducing the risks posed by
the commercial transportation of hazardous materials. As we look to the
future, we want to build on this success, particularly in the
development of innovative safety solutions that provide the agency, our
federal and state partners, the regulated community, and emergency
response officials with flexible tools to manage and reduce safety
risks.
To this end, PHMSA is hosting a public workshop on July 31, 2008.
We are planning an interactive workshop that will engage our
stakeholders on a range of topics that we consider critical to the
future direction of the hazardous materials transportation safety
program. This workshop will provide an opportunity for our stakeholders
to suggest ways to improve on our vision and ideas for making the
vision a reality. Equally important, the workshop will provide a forum
for our stakeholders to identify common issues and problems and suggest
synergistic strategies for addressing them. We hope that the workshop
will surface a range of views on how to meet the challenges ahead,
focusing on three broad areas:
1. Safety, Risk Reduction, and Integrity Management
With safety as our top priority, the hazardous materials
transportation safety program targets continued reduction in
transportation risk, even as the size and complexity of the system
grow. The program is challenged to quickly identify emerging risks and
develop innovative, flexible, and effective safety controls to address
those risks. For example, we are considering whether integrity
management principles could be effectively applied to hazardous
materials transportation activities to enhance safety. Integrity
management is a risk reduction program that promotes continuous
improvement in safety performance by requiring companies to collect and
use information to guide system-specific planning and implementation of
risk controls. PHMSA has successfully implemented integrity management
requirements under its Pipeline Safety program, achieving improved
safety performance without undue regulatory burden. Quality assurance
programs may also be an effective way to identify and address system-
wide safety risks.
2. 21st Century Solutions: New Technology for Improved Safety Controls/
Improving Safety Controls for New Technology
A second set of challenges for the hazardous materials
transportation safety program reflects the opportunities and risks
posed by rapid technological advances. The safety controls developed
over the program's first 100 years need to keep pace with the demands
of our fast-moving, far-reaching economy and transportation systems. As
we embark on the program's second century, we are committed to
improving the quality, reliability, and timeliness of information
guiding all parts of the safety control system, including hazard
communication. Because of their capabilities to improve the speed,
accuracy, and efficiency of communications, wireless and electronic
data systems and tools are rapidly replacing paper-based systems for
documenting transactions, tracing shipments, and exchanging commercial
information. As the private sector and government agencies transition
to paperless systems, adherence to longstanding paper-based
requirements for hazardous materials transportation places an
increasing burden on the system, contributing to freight delays and
congestion. At the same time, reliance on paper-based communications
may limit the effectiveness of hazard communication and impair or delay
response to hazmat incidents and emergencies. Deploying new
communication technologies holds the promise of improving safety, even
as it reduces regulatory burdens and
[[Page 41401]]
improves the performance of the transportation system.
A related challenge is to find ways to quickly develop and
implement appropriate safety controls for new materials or technologies
that are not covered by current regulatory requirements. Transportation
is key to promoting the development and widespread utilization of new
technologies. Government and industry must be able to address possible
safety risks associated with new materials or technologies without
undue delays in authorizing their transportation. One strategy may be
for a company to invest in independent, third-party analyses of safety
risks associated with a new material or technology that would then form
the basis for development of rigorous transportation controls that
would be approved by PHMSA pending promulgation of more general
regulatory requirements.
C. Achieving Balance and Effectiveness--Consistency and Uniformity
A third challenge for the hazardous materials transportation safety
program is to identify integrated strategies for advancing safety that
involve the many regulatory agencies and non-federal jurisdictions with
hazardous materials oversight responsibilities. A number of federal
agencies, including the Environmental Protection Agency, the
Occupational Safety and Health Administration, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and the Department of Homeland
Security, have regulatory authority over facilities that manufacture,
handle, and store hazardous materials outside of transportation. In
addition, state and local governments may elect to regulate facilities
that manufacture or store hazardous materials within their
jurisdictions. Because these agencies and authorities have different
interests and goals, regulated entities are sometimes confronted with a
myriad of differing and, perhaps, inconsistent requirements that impair
productivity and efficiency and could adversely affect safety. At the
same time, critical safety issues may not be addressed at all. A broad
strategy to more closely integrate all of these programs would enhance
system wide risk reduction through information and data sharing, early
identification of safety problems, and leveraging of resources.
PHMSA invites all interested persons, including state and local
officials, emergency response personnel, and hazardous materials
shippers and carriers, to participate in this workshop. We would like
to use this forum to promote a dialogue among all interested
stakeholders to help us identify the most appropriate strategies for
identifying and addressing emerging transportation safety challenges.
If you wish to participate in the public workshop, you must provide
your name and organization to Ms. Maria Howard by telephone (202-366-
0225) or e-mail (Maria.Howard@dot.gov) or Latoya Moore by telephone
(202-366-0656) or e-mail (Latoya.Moore@dot.gov) no later than July 24,
2008. Non-federal personnel must also provide the last five digits of
their social security numbers. Providing this information will
facilitate the security screening process for entry into the building
on the day of the workshop. Participants should plan to arrive at 8
a.m. and must present a picture ID to enter the building. Participants
do not need to prepare oral comments, but rather, be prepared to take
part in an open discussion on the issues outlined above.
Issued in Washington, DC on July 15, 2008.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E8-16503 Filed 7-17-08; 8:45 am]
BILLING CODE 4910-60-P