Notice of PROPOSED Rulemaking: 49 CFR Docket HM-215O

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is at it again. Published on November 27, 2018 is a Notice of Proposed Rulemaking (NPRM) that many in the industry want to happen sooner rather than later. It is Docket number HM-215O. This amendment is a giant step towards better alignment of the Hazardous Materials Regulation (HMR), or 49 CFR, with the changes coming in 2019 for several international transport regulations.

Remember, this NPRM is just one step in the process for updating Title 49 of the Code of Federal Regulations. We still have to get through the comment period on this particular docket. Starting today, the comment period is open until January 28, 2019. After that window closes, each comment is reviewed and changes could be made to the amendment. The docket is then published as a Final Rule with a 30- to 60-day phase in period. If you feel strongly about a proposed change, speak now or forever hold your peace.

While what is listed below this is not a comprehensive listing of everything in the PROPOSED amendment, an attempt was made to focus on what could impact a majority of transport professionals. For access to the entirety of NPRM, go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-24620 and view the PDF.

Here are some of the PROPOSED changes in HM-215O:

  • Section 171.7 – This section will now include reference to the 20th Revised Continue Reading…
The Rulemaking Process

Have you ever been curious about how a rulemaking is published?  Have you ever wondered how you can participate in the rulemaking process?

We came across a link we want to share from The Office of the Federal Register. When you follow this link https://www.federalregister.gov/learn/tutorials, then scroll down to Tutorials, you will see A Guide to the Rulemaking Process containing answers to the questions below.

Gavel and books

Before the proposed rule

What gives agencies the authority to issue regulations?

How does an agency decide to begin rulemaking?

When can the public learn that an agency plans to start a rulemaking?

How does an agency involve the public in developing a proposed rule?

What is the role of the President in developing a proposed rule?

The proposed rule

What is the purpose of the proposed rule?

How is the proposed rule structured?

What is the time period for the public to submit comments?

Why do agencies re-open comments or issue multiple proposed rules?

Do agencies have additional options for gathering public comments?

Why should you consider submitting electronic comments?

Before the final rule

How do public comments affect the final rule?

What is the role of the President in developing a final rule?

The final rule

How is the final rule structured?

When do final rules go into effect?

Can an agency issue a final rule without publishing a proposed rule?

What are interim final rules and direct final rules?

After the final rule

How are final rules integrated into the CFR?

How is Continue Reading…