DOT seeks to tighten hazmat rules
John V. Currie -- Logistics Management, 6/1/2002
Until Sept. 11, 2001, the possibility that someone would intentionally use hazardous materials for diabolical purposes seemed remote. But it is indeed a risk. As the Department of Transportation (DOT) has pointed out: "In the wrong hands, hazardous materials can pose a significant security threat. In transportation, they are particularly vulnerable to sabotage or misuse."
Since September, the DOT's Research and Special Programs Administration (RSPA) has been reviewing existing standards for safety and security in transporting hazardous materials. Toward that end, the agency established two working groups: the Hazardous Materials Direct Action Group (DAG), composed of representatives of industry, emergency responders and state governments, and the Intermodal Hazardous Materials Transportation Security Task Force, which includes DOT regulators from all modes of transportation.
The first product of their joint efforts was an advisory notice that appeared in the Feb. 14, 2002, edition of the Federal Register informing shippers and carriers of voluntary measures that could enhance the security of the nation's transportation infrastructure.
A more formal proposal appeared on May 2, when RSPA published Notice of Proposed Rulemaking HM-232, "Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials." (The text is available under the "New Additions" section of RSPA's home page, http://hazmat.dot.gov.) This proposal represents a significant change because it also would require changes to 49 CFR, the Code of Federal Regulations. Until now, CFR had codified controls strictly to promote safety and prevent accidents; under the new rules, it would codify controls to minimize the risk of hazardous materials' falling into the wrong hands.
Specifically, the proposal would amend 49 CFR Parts 107, 171, 172 and 177 to require that the names and addresses of shippers and consignees as well as their DOT hazmat registration numbers be entered on shipping papers. It also would require shippers of materials that could be converted to criminal use to develop and implement security plans. Shippers and carriers, moreover, would have to include a security component in their hazmat employee training programs.
Although the U.S. hazardous materials community strongly supports all efforts to enhance safety and security both here at home and abroad, many people question how the new rules could be made effective in the real world. To address their concerns, RSPA is offering assistance. For example, the agency has developed guidelines for written security plans, the "Risk Management Self-Evaluation Framework," which can be found under the "Risk Management" section of RSPA's home page. The Web site also includes links to other helpful sites.
This proposed rulemaking was put on the fast track! Though the rules were proposed in May, RSPA set a cutoff date of June 3, 2002, for submission of comments. Some provisions, such as the security training requirement, will become mandatory three months after the final rules take effect, while others, such as the rule regarding shipping paper entries, will take effect just 20 days after the final rule goes into effect. This aggressive agenda, while justifiable given the impending threats, may present insurmountable challenges to industry. Expect the hazardous materials industry to ask that those dates be pushed back based on the limited time and financial resources that are available in the current business environment.
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