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Hazardous Materials: Requirements for Storage of Explosives During TransportationJun 07, 2011 (Transportation Department Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: In this final rule, PHMSA, in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is approving the use of the National Fire Protection Association Standard (NFPA) 498-- Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010 Edition) for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3 explosives. EFFECTIVE DATE: Effective Date: July 7, 2011. Voluntary Compliance Date: Compliance with the requirements adopted herein is authorized as of June 7, 2011. However, persons voluntarily complying with these regulations should be aware that appeals may be received and as a result of PHMSA's evaluation of these appeals, the amendments adopted in this final rule may be revised accordingly. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of July 7, 2011. FOR FURTHER INFORMATION CONTACT: Ben Supko or Steven Andrews, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Current Federal Requirements Applicable to Explosives Stored During Transportation A. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) Transportation includes the storage of materials "incident to the[ir] movement." (49 U.S.C. 5102(13)). The HMR require hazardous materials stored incidental to movement to meet all applicable requirements for packaging, hazard communication (including shipping papers and emergency response information), and handling that apply when shipments are actually moving in transportation. The HMR include specific carrier requirements for transportation of hazardous materials by rail, air, vessel, and highway, including requirements for loading and unloading, blocking and bracing, stowage, segregation, and compatibility (49 CFR parts 174, 175, 176, and 177, respectively). Explosive (Class 1) materials are among the most stringently regulated hazardous materials under the HMR. The HMR define a Class 1 material as any substance or article that is designed to function by explosion--that is, an extremely rapid release of gas or heat--or one that, by chemical reaction within itself, functions in a similar manner even if not designed to do so (49 CFR 173.50(a)). Class 1 materials are assigned to six divisions depending on the degree and nature of the explosive hazard, as shown in the following table (49 CFR 173.50(b)). Division.......... Hazard............ Description of.... Examples ......................................hazard 1.1................Mass explosion.... Instantaneous......grenades, mines, .................. hazard............ explosion of...... and nitroglycerin. ......................................virtually the ......................................entire package or ......................................shipment 1.2................Projection hazard..Fragments..........rockets and .................. without a mass.... projected outward..warheads. .................. explosion hazard.. at some distance 1.3................Fire hazard and....Fire and possible..projectiles, .................. either a minor.... projection of......signal smoke, and .................. projection hazard..fragments outward..tracers for .................. or minor blast.... at some distance.. ammunition. .................. hazard or both but .................. not a mass .................. explosion hazard 1.4................Minor explosion....Explosion largely..ammunition, .................. hazard............ confined to the....airbags, and model ......................................package and no.... rocket motors. ......................................projection of ......................................fragments of any ......................................appreciable size ......................................or range is ......................................expected 1.5................Very insensitive.. Mass explosion.... blasting agents .................. explosive..........hazard, but low....and ......................................probability of.... ammonia-nitrate ......................................initiation or......fuel oil mixture. ......................................detonation while ......................................in transportation 1.6................Extremely..........Negligible........ insensitive .................. insensitive........probability of.... article and .................. article............accidental........ military. ......................................initiation or ......................................propagation The HMR prohibit transportation of an explosive unless it has been examined, classed, and approved by PHMSA's Associate Administrator for Hazardous Materials Safety (49 CFR 173.51). Separate provisions apply to the transportation of new explosives for examination or developmental testing, explosives approval by a foreign government, small arms cartridges, and fireworks manufactured in accordance with American Pyrotechnics Association Standard 87-1 (49 CFR 173.56). Each approval granted by the Associate Administrator contains packaging and other transportation provisions (e.g., shipping paper requirements, labeling, marking, etc.) that must be followed by a person who offers or transports the explosive material. In addition to the specific requirements in the approval, the HMR require explosives to be marked and labeled and/or placarded to indicate the explosive hazard. Explosives shipments generally must be accompanied by shipping papers and emergency response information. The same requirements apply to the transportation of hazardous materials whether the materials are incidentally stored or actually moving. In addition, any person who offers for transportation in commerce or transports in commerce a shipment of explosives for which placarding is required under the HMR must (1) register with PHMSA and (2) develop and adhere to a security plan (49 CFR 172.800(b)). /1/ A security plan must include an assessment of possible transportation security risks for the covered shipments and appropriate measures to address the identified risks. At a minimum, a security plan must include measures to prevent unauthorized access to shipments and to address personnel and en route security (49 CFR 172.802(a)). The en route security element of the plan must include measures to address the security risks of the shipment while it is moving from its origin to its destination, including shipments stored incidental to movement (49 CFR 172.802(a)(3)). Thus, a facility at which a shipment subject to the security plan requirements is stored during transportation must itself be covered by the security plan. Security plan requirements are performance-based to provide shippers and carriers with the flexibility necessary to develop a plan that addresses a person's individual circumstances and operational environment. FOOTNOTE 1 When transported by highway, placards must be affixed to the transport vehicle or freight container when (1) any quantity of Division 1.1, 1.2, or 1.3 explosive materials are present, and (2) more than 1,000 pounds of Division 1.4, 1.5 or 1.6 materials are present. 49 CFR 172.504. END FOOTNOTE B. Federal Motor Carrier Safety Regulations (FMCSRs; 49 CFR Parts 350-397) Motor carriers that transport hazardous materials in commerce must also comply with the Federal Motor Carrier Safety Regulations (FMCSRs) addressing driver qualifications; vehicle parts and accessories; driving requirements and hours of service; vehicle inspection, repair and maintenance; driving and parking rules for the transportation of hazardous materials; hazardous materials safety permits; and written route plans. The FMCSRs include requirements for storage of explosives incidental to movement. In accordance with the FMCSRs, a motor vehicle that contains Division 1.1, 1.2, or 1.3 explosives must be attended at all times, including during incidental storage, unless the motor vehicle is located on the motor carrier's property, the shipper or consignee's property, or at a safe haven (49 CFR 397.5). Under the FMCSRs, a safe haven is an area specifically approved in writing by Federal, state, or local government authorities for the parking of unattended vehicles containing Division 1.1, 1.2, and 1.3 explosive materials (49 CFR 397.5(d)(3)). The decision as to what constitutes a safe haven is generally made by the local authority having jurisdiction over the area. The FMCSRs do not include requirements for safety or security measures for safe havens. In addition, the FMCSRs require any person who transports more than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 material or an amount of a Division 1.5 (explosive) material that requires placarding under Subpart F of Part 172 of the HMR to hold a valid safety permit (49 CFR 385.403(b)). Persons holding a safety permit and transporting Division 1.1, 1.2, and 1.3 materials must prepare a written route plan that meets the requirements of SEC 397.67(d), which avoids heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys. Finally, a motor vehicle containing a Division 1.1, 1.2, or 1.3 explosive may not be parked on or within five feet of the traveled portion of a public highway or street; on private property without the consent of the person in charge of the property; or within 300 feet of a bridge, tunnel, dwelling, or place where people work or congregate unless for brief periods when parking in such locations is unavoidable (49 CFR 397.7(a)). II. Previous Rulemaking Activity in This Matter A. July 16, 2002 ANPRM (HM-232A) --This is a summary of a Federal Register article originally published on the page number listed below-- Final rule. CFR Part: "49 CFR Parts 171 and 177" RIN Number: "RIN 2137-AE06" Citation: "76 FR 32867" Document Number: "Docket No. PHMSA-2005-22987 (HM-238)" Federal Register Page Number: "32867" "Rules and Regulations" |