Client Alerts & Insights
Hazmat Modernization Comment Period Approaching
November 29, 2023
Authored By:
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) is accepting comments through December 4, 2023 regarding forty-six (46) topics for proposed updates to the Hazardous Materials Regulations (the “HMR”) (88 FR 65148). PHMSA intends the modernization to improve hazardous material transportation efficiency, transparency, and stakeholder engagement. PHMSA also intends the modernization to better accommodate technological innovations, while maintaining or improving public safety and environmental impact (88 FR 43016).
PHMSA periodically revises the HMR to ensure regulations reflect stakeholder concerns and to keep pace with changing technology (88 FR 43016). In the past, PHMSA revised the HMR to address modal-specific issues, ensure alignment with international regulations and standards, and adopt provisions in widely used or longstanding special permits from other agencies (88 FR 43016). At this time, the forty-six (46) topics under review include: carrier maintenance of emergency response information; aerosol classification alignment with international standards; requirements for damaged, defective, or recalled lithium cells and batteries; applicability of oil spill response plans; the creation of definitions for basic descriptions and shipping descriptions of hazardous materials; and identification of freight containers in rail transportation (88 FR 43016). Interested parties may submit comments on these topics or any others listed through the Federal eRulemaking Portal at: https://www.regulations.gov. Comments must be received on or before December 4, 2023.
Benesch has a long history of advising shippers and carriers on technical hazardous materials and dangerous goods compliance, special permits, and enforcement action defense. Jonathan R. Todd is a partner in Benesch’s Transportation & Logistics Practice Group and may be reached at (216) 363-4658 and jtodd@beneschlaw.com. Megan K. MacCallum is an associate in the Transportation & Logistics Practice Group and may be reached at (216) 363-4185 and mmaccallum@beneschlaw.com.
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