Pipeline and Hazardous Materials Safety Administration: 49 CFR North American Update
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1 Pipeline and Hazardous Materials Safety Administration: 49 CFR North American Update Shane Kelley Pipeline and Hazardous Materials Administration (PHMSA) Director, Standards and Rulemaking Division September 5, 2018
2 PHMSA Leadership Administrator Deputy Administrator Chief Counsel Director of Governmental, Int l & Public Affairs Howard Skip Elliott Drue Pearce Paul Roberti Bobby Fraser
3 DOT Key Priorities Safety Infrastructure Innovation Accountability
4 PHMSA s Vision and Mission Vision The most innovative transportation safety organization in world. Mission To protect people and the environment by advancing the safe transportation of energy and other hazardous material that are essential to our daily lives.
5 Regulatory Reform EO 13771: Reducing Regulations and Controlling Regulatory Costs - January 30, 2017 EO 13777: Enforcing the Regulatory Reform Agenda - February 24, 2017 EO 13783: Promoting Energy Independence and Economic Growth - March 28, 2017
6 DOT Regulative Reform Task Force (RRTF) Framework DOT s RRTF is guided by three principles: 1. Reducing the regulatory burden on the public without compromising safety; 2. Streamlining permitting; and 3. Enabling innovation. All fire hydrants must be checked one hour before all fires
7 Notification of Regulatory Review OST Notice published in the Federal Register on October 2, FR Docket No. DOT-OST Notice responded to the President s direction in EO s 13771, 13777, and 13783, as well as other legal authorities. DOT invited the public to provide input on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification.
8 Notification of Regulatory Review DOT was particularly interested in Determining if existing regulations and other agency actions continue to be necessary, Assessing whether they are crafted to effectively solve current problems, and Evaluating whether they potentially burden the development or use of domestically produced energy resources. More than 3,000 comments submitted for DOT as a whole, approximately 140 for PHMSA (OPS & OHMS). Comment period closed December 1, 2017.
9 Transportation Infrastructure: Notice of Review of Policy, Guidance, and Regulation Infrastructure Notice published in the Federal Register on June 8, FR Docket No. DOT-OST DOT recognized that regulatory and administrative burdens can impede transportation infrastructure projects. Sought input from stakeholders who deliver projects having direct experience with those burdens; DOT received approximately 200 comments. Notice intended to supplement DOT s periodic regulatory review and its activities under EO and EO
10 PHMSA Regulatory Reform Efforts PHMSA is using a systematic (and program-specific) approach to addressing the regulatory reform mandates under EO s 13771, 13777, and PHMSA is reviewing: Existing regulations Petitions for rulemaking Active rulemakings Special permits Input from stakeholders
11 PHMSA Regulatory Reform Efforts OHMS has a robust petition for rulemaking process and also regularly reviews special permits for opportunities to implement regulatory reform initiatives. Multidisciplinary teams including subject matter experts (SME) from: Field, Rulemaking, Engineering, Legal, and Economics Ultimately, PHMSA will work with the RRTF to develop rulemaking recommendations.
12 OMB Semiannual Agenda Spring 2018 In early May, OIRA published the Unified Agenda of Regulatory and Deregulatory Actions in the Federal Register: Documents all open rulemakings Identifies all deregulatory and regulatory actions Identifies all long-term actions Highlights the RRTF efforts occurring gov t wide
13 PHMSA Rule List - Spring 2018 Rule Description Rulemaking Status Current Target HM-218H Miscellaneous Amendments; Corrections (Final rule) Published N/A HM-259 Info to PIC and Air Petitions (Final rule) Formal Concurrence Fall 2018 HM-219A Miscellaneous Petitions (Final rule) Formal Concurrence Fall 2018 HM-209A Grants Revisions (Final rule) Formal Concurrence Fall 2018 HM-251F Removal of ECP Braking (Final rule) Formal Concurrence Fall 2018 HM-251B OSRPs and Info Sharing HHFTs (Final rule) Formal Concurrence Fall 2018 HM-219B NPGA Cylinder Requalification (NPRM) Formal Concurrence Fall 2018 HM-215O International Harmonization (NPRM) Formal Concurrence Fall 2018 HM-224I Revised Lithium Battery (NPRM) Formal Concurrence Fall 2018 HM-219C Adopt Deregulatory Petitions (NPRM) Drafting Fall 2018 HM-234 Cylinders Petitions (Final rule) Drafting Winter 2018 HM-241 ASME Code Section XII (Final rule) Drafting Winter 2018 HM-233G Continued Special Permit Conversion (NPRM) Drafting Winter 2018 HM-264 LNG by Rail (NPRM) Drafting Spring 2019 HM-213E Cargo Tank ID Numbers TBD TBD HM-263 FAST Act Real-Time Train Consist TBD TBD HM-251D Vapor Pressure of Unrefined Petroleum TBD TBD
14 HM-219A: Response to Petitions from Industry to Modify, Clarify, or Eliminate Regulations NPRM published on June 30, 2016 Comment period closed August 29, 2016 Purpose: Responds to 19 petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. Updates: Secretary Deputy Secretary The Elaine Final L. Rule Chao is currently under Departmental Jeffrey A. Rosen review.
15 HM-219C: Adoption of Miscellaneous Petitions to Reduce Regulatory Burdens (RRTF) Purpose: Responds to 25 petitions for rulemaking submitted by the regulated community to update, clarify, improve the safety of or provide relief from various regulatory requirements. Updates: Secretary Elaine L. Chao Deputy Secretary The rulemaking is under development. Jeffrey A. Rosen
16 HM-233G: Continued Special Permit Elaine L. Chao Conversion Purpose: Moving Ahead for Progress in the 21st Century Act (MAP-21). Adopt provisions contained in certain widely used or long-standing special permits that have an established safety record. Special Permits, Approvals, Petitions for Secretary Rulemaking. Updates: Deputy Secretary Jeffrey A. Rosen The rulemaking is under development.
17 Purpose: HM-215O: Harmonization with International Standards Maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Updates: Secretary Elaine L. Chao Deputy Secretary Jeffrey A. Rosen The rulemaking is currently under Departmental review.
18 PHMSA-Transport Canada HM-215N, Hazardous Materials with International Standards Mutual recognition of standard pressure receptacles Recognition of inspection and repairs under U.S. requirements for highway transport Mutual recognition of special permits GIS and Data Studies Outstanding Items
19 Stakeholder Involvement Petitions Process An applicant may request PHMSA add, amend, or delete a regulation in the HMR by submitting a petition for rulemaking. 49 CFR phmsapetitions@dot.gov Notice and Comment Administrative Procedure Act, 5 U.S.C. 553 General notice of proposed rulemaking shall be published in the Federal Register. Interested persons must have a meaningful opportunity for public participation.
20 400 Interpretations Received and Processed Carry Over Received Processed FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 125
21 Is HazMatt hiding in your package? Certain items like batteries and hairspray may seem harmless, but they can be toxic, corrosive, and even explosive if sent or handled inappropriately. You can learn more at: ChecktheBox.dot.gov Remember to CHECK THE BOX and send HazMatt and his friends along safely! 2 21
22 Preparing for the Future of PHMSA s FY2015 IT Portfolio Transportation 22
23 Requests for Comment and Information FHWA, FTA, FMCSA, NHTSA, FRA, PHMSA each released RFIs/RFCs in early 2018 Nearly 4,000 total comments submitted Topics included: Technology availability Mode-specific barriers to integration of automation Mode-specific considerations Visit for more information
24 Questions?
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