Pipeline and Hazardous Materials Safety Administration May 2020 – Federal Register Recent Federal Regulation Documents

Hazardous Materials: Vapor Pressure of Unrefined Petroleum Products and Class 3 Materials
Document Number: 2020-10377
Type: Proposed Rule
Date: 2020-05-20
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is withdrawing the January 18, 2017, ANPRM concerning vapor pressure for crude oil transported by rail. PHMSA's decision is based on comments received to the ANPRM, as well as an extensive study conducted by the Sandia National Laboratories which found that the vapor pressure of crude oil is not a significant factor in the severity of pool fire or fireball scenarios, and concluded that results of the study do not support creating a regulatory distinction for crude oils based on vapor pressure. In withdrawing the ANPRM, PHMSA is providing notice of its determination that the establishment of vapor pressure limits would not improve the safety of rail transportation of crude oil. Therefore, PHMSA is no longer considering vapor pressure limits for the transportation of crude oil by rail or any other mode. Furthermore, PHMSA is also providing notice that, after considering comments received to the ANPRM, it is no longer considering imposing vapor pressure standards for other unrefined petroleum-based products and Class 3 flammable liquid hazardous materials by any mode.
Pipeline Safety: Request for Special Permit; Texas Eastern Transmission, L.P.
Document Number: 2020-10675
Type: Notice
Date: 2020-05-19
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is publishing this notice to solicit public comments on a request for special permit received from Texas Eastern Transmission, L.P. (TETLP). The special permit request is seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request.
Pipeline Safety: Request for Special Permit; Texas Eastern Transmission, L.P.
Document Number: 2020-10673
Type: Notice
Date: 2020-05-19
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is publishing this notice to solicit public comments on a request from Texas Eastern Transmission, L.P. (TETLP) to renew a previously issued special permit. The special permit renewal request is seeking continued relief from compliance with certain requirements in the Federal pipeline safety regulations. At the conclusion of the 30- day comment period, PHMSA will evaluate the comments and the technical analysis of the renewal request, to determine whether to grant or deny the renewal.
Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials
Document Number: 2020-10489
Type: Notice
Date: 2020-05-15
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
On July 6, 2017, PHMSA published in the Federal Register an administrative determination that Federal hazardous material transportation law preempts, in part, FDNY's permit, inspection, and fee requirements. FDNY has petitioned for reconsideration of that determination. FDNY's petition for reconsideration is granted in part, and denied in part, as follows: 1. Permit and Inspection RequirementPHMSA affirms its determination that the HMTA preempts FDNY's permit and inspection requirements, FC 2707.4 and 105.6, with respect to vehicles based outside the inspecting jurisdiction, and its determination that the HMTA does not preempt these requirements with respect to vehicles that are based within the inspecting jurisdiction. PHMSA's determination is based on its conclusion that FDNY's permit and inspection requirements create an obstacle to accomplishing and carrying out the HMR's prohibition against unnecessary delays in the transportation of hazardous material on vehicles based outside the inspecting jurisdiction. 2. Permit FeeBased on new information supplied by FDNY, PHMSA reverses its determination that FDNY is not using the revenue it collects from its permit fee for authorized purposes. However, PHMSA affirms its determination that the permit fee is not ``fair,'' as required by 49 U.S.C. 5125(f)(1), and therefore affirms its determination that the permit fee is preempted.
Hazardous Materials: The State of Washington Crude Oil by Rail Volatility Requirements
Document Number: 2020-10381
Type: Notice
Date: 2020-05-15
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA finds that the HMTA preempts Washington State's vapor pressure limit for crude oil loaded or unloaded from rail tank cars, for three reasons. First, the vapor pressure requirement constitutes a scheme for classifying a hazardous material that is not substantively the same as the HMR. Second, the vapor pressure requirement imposes requirements on the handling of a hazardous material that are not substantively the same as the requirements of the HMR. Third, PHMSA has determined that the vapor pressure requirement is an obstacle to accomplishing and carrying out the HMTA. In addition, PHMSA finds that the administrative record regarding Washington State's Advance Notice of Transfer (ANT) requirement is insufficient to make a determination whether the requirement is preempted under the HMTA.
Hazardous Materials: Harmonization With International Standards
Document Number: 2020-06205
Type: Rule
Date: 2020-05-11
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is issuing this final rule to amend the Hazardous Materials Regulations (HMR) to 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. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous GoodsModel Regulations. Additionally, PHMSA is adopting several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods Regulations.
Hazardous Materials: Notice of Applications for New Special Permits
Document Number: 2020-09729
Type: Notice
Date: 2020-05-07
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1 Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Hazardous Materials: Notice of Actions on Special Permits
Document Number: 2020-09728
Type: Notice
Date: 2020-05-07
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.
Hazardous Materials: Notice of Applications for Modifications to Special Permits
Document Number: 2020-09727
Type: Notice
Date: 2020-05-07
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.