Dot To Regulate Loading, Unloading And Storage Of Hazardous Materials

The Research and Special Programs Administration (RSPA) of the DOT has introduced proposed rulemaking (HM–223) that address the applicability of hazardous material regulations to loading, unloading and storage of hazardous materials. Two critical questions are fueling the need for this rulemaking. They are: 1) When does transportation begin? and 2) When does transportation end? Responses to these questions have resulted in three approaches: 1) Shipper Intent, 2) Custody by a carrier, and 3) Movement on public rights-of-way. An Alliance of 16 hazmat related associations (including the Reuseable Industrial Packaging Association and the Hazardous Materials Advisory Council) favors the first approach in which a person‘s intent to offer a hazmat for transportation in commerce would be shown by placing the hazmat in a packaging preparatory to shipment. In essence, the package would then be under DOT regulation so long as it holds contents, whether in storage or transit. Comments on the rulemaking are welcome at rules@rspa.gov.com for Docket RSPA-98-4952.