On July 8, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking (NPRM) stating plans to amend the Hazardous Materials Regulations by establishing standards for the safe transportation of bulk explosives. The purpose of this proposed change is to eliminate the need for future renewal requests for the transportation of certain explosives, ammonium nitrates, ammonium nitrate emulsions, and other specific hazardous materials in bulk packaging.
The proposed rule affects manufacturers of newly constructed Multipurpose Bulk Trucks complying with Part 173 of 49 CFR, as well as those who drive, test, repair, or are otherwise involved in the use and/or certification these trucks. This proposal would permit existing Multipurpose Bulk Trucks to operate under the Institutes of Makers of Explosives (IME) Safety Library Publication No. 23 (SLP-23) instead of Special Permits, and permit new construction and modification of Multipurpose Bulk Trucks (provided that they operate under SLP-23). These trucks must meet certain safety requirements, including fire suppression systems, emergency shut-off/battery disconnects, and compliance with the Federal Motor Vehicle Safety Standards, as detailed in a proposed addition to 49 CFR part 173.
The NPRM proposes to incorporate elements of nine special permits (by way of incorporating SLP-23) that authorize multipurpose bulk truck operations not specifically permitted under the HMR. The incorporation of SLP-23 into HMR was initially proposed in 2001, but due to the effects of the September 11th attacks that year, PHMSA considered it a difficult time to pursue the development of a rule dealing with explosives. In 2011, IME updated and revised SLP-23 in direct response to concerns expressed by PHMSA regarding bulk transportation of explosives. Now, the subject is being revisited in the form of these proposed regulations.
The NPRM can be found here.
For further information regarding the proposed rulemaking, please contact Glenn Wicks, Ronce Almond, or Arielle Pacer at (202) 457-7790.