HazMat and PHMSA Regulation and Clarification Contradictions
| Entry Date | July 8, 2015 |
|---|---|
| Issue Number | 15-029-HAZ |
| Name | Rex Railsback |
| Agency | Kansas Highway Patrol |
| Address | 700 SW Jackson, Suite 704Topeka, KS, 66603United StatesMap It (opens in a new tab) |
| Phone | 785-256-5046 |
| [email protected] | |
| Committee | Hazardous Materials Committee |
| Status | Closed |
| Summary of Issue | On June 26, 2015, PHMSA issued a letter of clarification, Reference No. 14-0178, for 172.336(c), that reverses 20 plus years of HM instruction and enforcement . It also contradicts HM regulations and reverses a letter of clarification from 2000, Ref. No. 00-0208. This 180 degree change will have large financial impact on industry. Instantly increase HM BASIC Scores, once enforcement becomes in line with this new letter of clarification. Furthermore, “when any ID number misrepresents the material transported.” Is OOS, this will have a large impact on the HM OOS rate for carriers with HMSPs. |
| Justification or Need | With the above issues noted, this should have a top priority. |
| Request for Action | Open communications with PHMSA to help them identify the issue and where the letter is contrary to current and historic regulatory intent of 172.336(c). Attempt to have said letter of clarification removed or revised to correctly cover the intent of the regulation. |