Hazardous Materials: Meeting Future Hazardous Materials Transportation Safety Challenges, 41399-41401 [E8-16503]
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Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Notices
Light Exposure Petition Summary
The noncompliant harness webbing
was identified as gray Wellington style
#N2216E1–917, lots numbered 2063F,
2100F, and 2140D, manufactured from
March 15, 2002 through August 1, 2002.
FMVSS No. 213, S5.4.1(b) requires that
the webbing of belts provided with a
child restraint system meet the
requirements of S4.2(e) of FMVSS No.
209. FMVSS No. 209, S4.2(e), requires a
breaking strength of not less than 60
percent of the strength before exposure
to a carbon arc light when tested by the
procedure specified in S5.1(e) of
FMVSS No. 209. Following the carbon
arc exposure test, the DJG harness
webbing retained only 37 percent of the
original webbing breaking strength
(from 12,371 N to 4,539 N).
DJG pointed out that testing at
Veridian 9 (simulating a 30 mph (48 km/
h) crash condition) showed a dynamic
load of between 846 N and 1,433 N. DJG
asserted that its light-exposed harness
webbing breaking strength of 4,539 N far
exceeded these dynamic loads. DJG
argued that without a minimum
breaking strength requirement, other
webbing with a much lower initial
breaking strength could comply with the
standard at a much lower breaking
strength than the DJG’s 4,539 N, as long
as it retained 60 percent of the original
webbing strength. DJG commented that
while its webbing, which was made of
nylon fabrics, was noncompliant when
exposed to carbon arc light filtered by
a Corex-D filter (tested according to the
standard’s requirements), the webbing
was compliant when exposed to carbon
arc light filtered by a soda-lime glass
filter (specified by the standard for use
only for polyester fabrics). DJG also
commented that because the standard
relies on carbon arc light for resistance
to light testing, the method is obsolete.
DJG stated in Exhibit 7 to its petition
that after being subjected to a xenon arc
lamp for 300 hours the webbing retained
93.5 percent of its initial breaking
strength. Therefore, DJG argued that the
noncompliance is inconsequential to
motor vehicle safety.
dwashington3 on PRODPC61 with NOTICES3
NHTSA Decision on Light Exposure
Petition
First, DJG asserted that its lightexposed harness webbing breaking
strength of 4,539 N far exceeds forces in
dynamic crash testing at 30 mph by a
factor of 3.1 to 6.8 times. NHTSA does
not find this persuasive. A 30 mile per
hour test is not indicative of the upper
limit of safety. The test conditions in
FMVSS No. 213 reflect the concern that
9 Veridian
is now known as Calspan.
VerDate Aug<31>2005
15:36 Jul 17, 2008
Jkt 214001
child restraints will withstand even the
most severe crashes.10 These are well
above 30 mph.11
DJG also asserted that under a
standard that lacks a specific minimum
strength requirement, manufacturers
could produce webbing with very low
after-exposure strength if the preexposure strength was also low. This
assertion is theoretical. The agency’s FY
2000 to FY 2002 available compliance
test data for harness webbing 12 showed
that the median strength after light
exposure was 10,636 N, and that the
median exposed/original webbing
strength ratio was 10,636 N/12,594 N or
84 percent, both of which are far
superior to DJG’s webbing strength after
light exposure of only 4539 N and
strength ratio of 37%.13 In order to
prevent manufacturers from producing
harness webbing with low strengths
before and after light exposure, NHTSA
established minimum breaking strengths
in the June 2006 final rule.
DJG provided test data for its nylon
webbing filtered by a soda-lime glass
filter. However, the standard specifies
that webbing made of nylon fabrics, as
in this case, be tested using the CorexD filter. The soda-lime glass filter is
appropriate only for polyester webbing.
Therefore, the DJG compliant data was
based on testing using an inappropriate
light filter, and was not conducted
according to FMVSS No. 213
requirements.
Finally, DJG did not substantiate its
statement that carbon arc testing is
obsolete for testing child restraint
webbing materials. NHTSA believes that
the test results obtained by the carbon
arc test method are an appropriate
reflection of the strength capabilities of
DJG’s webbing. While NHTSA has
decided to use a xenon arc lamp for
weathering tests of glazing materials
under FMVSS No. 205, ‘‘Glazing
materials,’’ 14 the conclusion in that
rulemaking does not mean that the
carbon arc is not indicative of the
sunlight spectral power distribution or
that it produces invalid weathering
results for webbing materials.
In summary, the DJG harness webbing
met only 37 percent of the original
webbing breaking strength when tested
according to the standard with a CorexFR 17970, April 30, 1990.
forces in a crash increase exponentially as
velocity increases.
12 70 FR 37734, June 30, 2005; Docket NHTSA–
2005–21243–0002.
13 Of the 109 samples from the FY 2000 to FY
2002 compliance data, only the DJG (Cosco) harness
webbing failed to meet the current 60 percent of
original strength requirement after exposure to
light.
14 68 FR 43964, July 25, 2003.
PO 00000
10 55
11 The
Frm 00088
Fmt 4703
Sfmt 4703
41399
D filter. Such a rapid (over 60 percent)
strength degradation is an indication of
a quality control problem for that
webbing and signals the distinct
probability that the webbing strength
would be insufficient throughout its
use.15
In consideration of the foregoing,
NHTSA has decided that DJG has not
met its burden of persuasion that the
noncompliance it describes is
inconsequential to motor vehicle safety.
Accordingly, DJG’s application is hereby
denied. DJG must fulfill its obligation to
notify and remedy under 49 U.S.C.
30118(d) and 30120(h).
Authority: 49 U.S.C 30118(d) and
30120(h); delegations of authority at 49 CFR
1.50 and 49 CFR 501.8
Issued on: July 14, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8–16431 Filed 7–17–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Meeting Future
Hazardous Materials Transportation
Safety Challenges
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of public workshop—
‘‘Transporting Hazardous Materials
Safely—the Next 100 Years.’’
AGENCY:
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
15 We note that following light exposure, the
Dorel harness webbing had a strength of 4539 N.
Under the 2006 rule, the minimum strength for new
webbing is 11,000 N. That rule did not change the
60 percent strength retention requirement. As a
frame of reference, webbing that had a strength of
11,000 N that retained 60 percent of its strength
would have a strength of 6,600 N. The Dorel tether
webbing had a strength, after exposure to light, of
only 4,539 N.
E:\FR\FM\18JYN1.SGM
18JYN1
41400
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Notices
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.
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.
ADDRESSES:
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
dwashington3 on PRODPC61 with NOTICES3
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:36 Jul 17, 2008
Jkt 214001
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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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
E:\FR\FM\18JYN1.SGM
18JYN1
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Notices
dwashington3 on PRODPC61 with NOTICES3
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
VerDate Aug<31>2005
15:36 Jul 17, 2008
Jkt 214001
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
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21028]
Delivery Acquisition, Inc.—Purchase—
Transportation Management Systems,
LLC and East West Resort
Transportation, LLC
Surface Transportation Board.
Notice Tentatively Approving
Finance Transaction.
AGENCY:
ACTION:
SUMMARY: On June 19, 2008, Delivery
Acquisition, Inc. (Delivery) an indirect
subsidiary of Vail Resorts, Inc. (VRI),
filed an application under 49 U.S.C.
14303 to acquire control, through
purchase, of the properties of
Transportation Management Systems,
LLC f/k/a TMS, Inc.1 (TMS) and East
West Resort Transportation, LLC
(EWRT). The application also sought
Board authority for VRI to control
Delivery, which will become a carrier
upon its acquisition of the carrier assets,
including operating authorities, of TMS
1 Pursuant to 49 CFR 365.413, et seq. a notice of
name change has been furnished
contemporaneously to the Federal Motor Carrier
Safety Administration reflecting that the correct
name of the entity referred to as TMS, LLC in the
Board’s decision in Docket No. MC–F–20996,
served January 10, 2003, is Transportation
Management Systems, LLC.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
41401
and EWRT. Persons wishing to oppose
this application must follow the rules at
49 CFR 1182.5 and 1182.8. The Board
has tentatively approved the
transaction, and, if no opposing
comments are timely filed, this notice
will be the final Board action.
DATES: Comments must be filed by
September 2, 2008. Applicants may file
a reply by September 16, 2008. If no
comments are filed by September 2,
2008, this notice is effective on that
date.
Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21028 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
Delivery’s representative: Mark A.
Davidson, Dufford & Brown P.C., 1700
Broadway, Suite 2100, Denver, CO
80290–2101, and send one copy of
comments to TMS’s representative:
Thomas J. Burke, Jr., Jones & Keller,
P.C., 1625 Broadway, Suite 1600,
Denver, CO 80202–4727.
FOR FURTHER INFORMATION CONTACT: Julia
Farr (202) 245–0359 [Federal
Information Relay (FIRS) for the hearing
impaired: 1–800–877–8339].
SUPPLEMENTARY INFORMATION: Delivery is
a Colorado corporation and is a newly
created direct subsidiary of The Vail
Corporation, which is a subsidiary of
Vail Holdings, Inc., which is, in turn, a
subsidiary of VRI, a Delaware
corporation. VRI operates year-round
resorts in Colorado and controls,
through The Vail Corporation, Grand
Teton Lodge Company, a registered
motor passenger carrier (MC–6259).
Applicants seek authorization under 49
U.S.C. 14303(a)(5) for VRI, as a person
in control of a carrier, to acquire control
of the assets of EWRT and TMS through
Delivery’s transaction.
Following the transaction, Delivery
will be a carrier. Delivery and Grand
Teton Lodge Company will become
affiliated carriers through VRI, although
none of these carriers will be in control
of the others.
Delivery will control, through
purchase, the assets, including
certificates of public convenience and
necessity of EWRT and TMS 2 both of
which are Delaware limited liability
companies. TMS and EWRT are lessor
and lessee, respectively, of the operating
rights issued by the former Interstate
Commerce Commission in MC–169714
and MC–174332, providing for special
ADDRESSES:
2 TMS does business under the following trade
names: Colorado Mountain Express and/or CME
Premier and/or Premier VIP Transportation, and/or
Resort Express.
E:\FR\FM\18JYN1.SGM
18JYN1
Agencies
[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41399-41401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16503]
-----------------------------------------------------------------------
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.''
-----------------------------------------------------------------------
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