[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Proposed Rules]
[Page 69493-69502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-26]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 173 and 177
[Docket No. PHMSA-2005-22987 (HM-238)]
RIN 2137-AE06
Hazardous Materials: Requirements for the Storage of Explosives
and Other High-Hazard Materials During Transportation
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: PHMSA is considering requirements to address the current
safety and security risks associated with the storage of explosives
during transportation. In this notice, we are soliciting comments
concerning measures to reduce the risks posed by the storage of
explosives while they are in transportation and whether regulatory
action is warranted. We also invite comments as to whether enhanced
requirements for storage incidental to movement should apply to other
hazardous materials (e.g., materials toxic by inhalation).
DATES: Comments must be received by February 14, 2006.
ADDRESSES: Comments. You may submit comments identified by the docket
number (PHMSA-2005-22987) by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-402,
Washington, DC 20590-0001.
Hand Delivery: To the Docket Management System; Room PL-
402 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal Holidays.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
notice. Note that all comments received will be posted without change
to http://dms.dot.gov including any personal information provided.
Please see the Privacy Act heading under SUPPLEMENTARY INFORMATION.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to the
Docket Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ben Supko, Office of Hazardous
Materials Standards, telephone (202) 366-8553, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On July 16, 2002, the Federal Motor Carrier Safety Administration
(FMCSA) and the Research and Special Programs Administration (RSPA, the
predecessor
[[Page 69494]]
agency to the Pipeline and Hazardous Materials Safety Administration
(PHMSA, we)) published an Advance Notice of Proposed Rulemaking (ANPRM)
under Docket HM-232A (67 FR 46622) entitled ``Security Requirements for
Motor Carriers Transporting Hazardous Materials.'' In the ANPRM, FMCSA
and RSPA examined the need for enhanced security requirements for motor
carrier transportation of hazardous materials. FMCSA and RSPA requested
comments on a variety of security measures including: escorts, vehicle
tracking and monitoring systems, emergency warning systems, remote
shut-offs, direct short-range communications, and notification to State
and local authorities. The ANPRM also addressed the issue of explosives
storage in safe havens. We received approximately 80 comments in
response to the ANPRM.
On March 19, 2003, FMCSA published a further notice (68 FR 13250)
that RSPA had assumed the lead role for this rulemaking proceeding. Due
to the complexity of the issues raised in Docket HM-232A and the number
of comments received on the ANPRM, RSPA decided to consider the storage
of explosives in a separate rulemaking. RSPA indicated its intentions
in the October 30, 2003 final rule published under Docket HM-223 (68 FR
61906) entitled ``Applicability of the Hazardous Materials Regulations
to Loading, Unloading, and Storage.'' In the final rule, which became
effective on June 1, 2005 (see 69 FR 70902; December 8, 2004), RSPA
clarified the applicability of the HMR to specific functions and
activities related to the transportation of hazardous materials in
commerce. In the preamble to the HM-223 final rule, RSPA identified
issues related to the storage of hazardous materials during
transportation that need to be addressed (68 FR 61906; 61931). RSPA
noted that the current HMR requirements applicable to the storage of
explosives during transportation need to be reevaluated to ensure that
they adequately account for potential safety and security risks. For
example, the agency has concerns regarding the lack of Federal
standards for safe havens and inconsistent State requirements.
II. Comments Received for HM-232A Rulemaking on Storage and Safe Havens
Twenty-one commenters on the HM-232A ANPRM provided specific
information on safe havens. In general, commenters support the
continued use of safe havens. However, commenters also suggest that the
term ``safe haven'' lacks a cohesive definition among Federal
regulatory agencies, most notably the U.S. DOT and the Nuclear
Regulatory Commission. The commenters indicate that the lack of a
consistent definition for the term ``safe haven'' has led to confusion
and questions regarding the level of protection provided at these
locations. Commenters request that standards be developed to provide
details on the construction, maintenance, availability, and use of safe
havens. Without clearly defined standards to follow, commenters state
that any future reliance on safe havens may actually make the hazardous
materials stored there more susceptible to safety and security threats
than if they were stored at other locations.
Commenters suggest that until an infrastructure of secure safe
havens is developed across the country (e.g., a system that includes
federally regulated safe havens that are strategically located on major
chemical and explosive shipping lanes at convenient 500 mile intervals)
they should be able to use their own discretion to determine if a safe
haven is sufficiently secure. In addition, commenters state that in
many instances a driver's best defense against security threats is to
blend in with other trucks on the road and at rest stops. Therefore,
some commenters stated that a standard that allows shipments to be
parked in secure areas that provide an adequate level of security may
be more appropriate then a standard that only allows the use of
designated safe havens. These secure areas may consist of well-lit
private property that is protected by a fence and equipped with a
controlled-access gate, monitored parking in an industrial area, or a
truck stops that has been modified to meet ``safe haven'' standards.
One commenter notes that safe havens are often small and difficult
to maneuver, a safety problem that will be compounded by any increase
in the transportation industry's dependence on safe havens. The
majority of commenters agree that safe havens and secured on-site areas
are effective security measures for the temporary storage of explosives
in transportation, provided those areas meet the National Fire
Protection Association's document 498 Standard for Safe Havens and
Interchange Lots for Vehicles Transporting Explosives or an equivalent
standard. Commenters recommend that we adopt NFPA 498 in the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180).
III. Purpose of This ANPRM
As discussed in more detail below, the HMR require shipments stored
during transportation to conform to the same requirements that apply
when the shipments are actually moving (e.g., shipping papers,
emergency response information, hazard communication, packaging, and
segregation). The HMR also require facilities at which explosives and
other high-hazard materials are offered or stored during transportation
to have security plans. The security plan must be based on an
assessment of possible security risks and must include measures to
address those risks. Otherwise, the HMR do not include specific
requirements for facilities at which explosives or other high-hazard
materials are stored during transportation. The HMR do not establish
specific standards for storage facilities nor do they limit the amount
of material that may be stored in a single location.
We are concerned that current HMR requirements may not adequately
address the safety and security risks associated with the storage
during transportation of explosives and other high-hazard materials.
Thus, we are seeking comments and information on the adequacy of
existing regulatory requirements and the need for additional, more
specific requirements.
This ANPRM is focused primarily on explosives storage; however, we
invite commenters to address issues related to the storage of other
types of high-hazard materials as well. We note in this regard that, in
another proceeding (Docket HM-232E (69 FR 50988; August 16, 2004)),
PHMSA and the Department of Homeland Security are examining the need
for enhanced security requirements for the rail transportation of
hazardous materials that pose a toxic inhalation hazard. Security
measures being considered include improvements to security plans,
modification of methods used to identify shipments, enhanced
requirements for temporary storage, and implementation of tracking and
communication systems.
Provided below is a list of government and industry standards for
explosives storage that are based on a variety of factors, including
but not limited to, the mode of transportation, the type of explosives,
and whether the explosive is in transportation.
Hazardous Materials Regulations (49 CFR parts 171-180).
Federal Motor Carrier Safety Regulations (49 CFR parts
350-399).
United States Coast Guard Requirements applicable to
explosives storage (33 CFR parts 101-126).
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Regulations for explosives in commerce (27 CFR part 555).
[[Page 69495]]
National Fire Protection Association's NFPA 498,
``Standard for Safe Havens and Interchange Lots for Vehicles
Transporting Explosives Standard for Safe Havens and Interchange Lots
for Vehicles Transporting Explosives''.
Institute of Makers of Explosives Safety Library
Publication No. 27, ``Security in Manufacturing, Transportation,
Storage and use of Commercial Explosives''.
Surface Deployment and Distribution Command, ``SDDC
Freight Traffic Rules Publication NO. 1C (MFTRP NO. 1C)''.
In the sections that follow we provide brief descriptions of these
standards and their applicability to the transportation and storage of
explosives.
IV. HMR Requirements Applicable to Explosives Storage
General. The HMR require hazardous materials stored incidental to
movement to meet all the applicable requirements for hazard
communication (including shipping papers and emergency response
information), packaging, and handling that apply when shipments are
actually moving in transportation. The HMR include specific carrier
requirements for transportation of hazardous materials by air, highway,
rail, and vessel.
Explosives, or Class 1 materials, are one of 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
divided into six divisions (49 CFR 173.50(b)). As provided in the
following table, assignment of an explosive to a division depends on
the degree and nature of the explosive hazard.
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Division Hazard Description of hazard Examples
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1.1 Mass explosion This explosive will Grenades,
hazard. affect almost the mines, and
entire load nitroglycerin.
instantaneously.
1.2 Projection This explosive will Rockets and
hazard without project fragments warheads.
a mass outward at some
explosion distance.
hazard.
1.3 Fire hazard and This explosive will Projectiles,
either a minor cause fire and may signal smoke,
projection or may not project and tracers
hazard or minor fragments outward at for
blast hazard or some distance. ammunition.
both but not a
mass explosion
hazard.
1.4 Minor explosion The explosive affects Ammunition,
hazard. of this material are airbags, and
largely confined to model rocket
the package and no motors.
projection of
fragments of any
appreciable size or
range is expected.
1.5 Very insensitive This explosive has a Blasting agents
explosive. mass explosion and ammonia-
hazard, but is nitrate fuel
represented by a low oil mixture.
probability of
detonation while in
transportation.
1.6 Extremely This explosive is an Insensitive
insensitive article that article and
article. contains only military.
extremely
insensitive
detonating
substances which
demonstrate a
negligible
probability of
accidental
initiation or
propagation.
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The HMR prohibit transportation of an explosive unless it has been
examined, classed, and approved by PHMSA's Associate Administrator for
Hazardous Materials Safety, with separate provisions covering 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 APA Standard
87-1 (49 CFR 173.56). The approval granted by the Associate
Administrator specifies packaging and other transportation provisions
that must be followed by the person who offers or transports the
explosive material. In addition to packaging requirements, 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. In
addition, Parts 174, 175, 176, and 177 of the HMR specify modal
requirements for loading and unloading, blocking and bracing, stowage,
segregation, and compatibility.
Security plans. In accordance with Subpart I of Part 172 of the
HMR, persons who offer for transportation and persons who transport
certain hazardous materials for transportation in commerce, including
shipments of explosives for which placarding is required under the HMR,
must develop and implement security plans. 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. 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. Thus, a facility at which a shipment subject to
the security plan requirements is stored during transportation must
itself be covered by a security plan. The HMR requirement for a
security plan sets forth general requirements for a security plan's
components rather than a prescriptive list of specific items that must
be included. The regulation establishes a performance standard that
provides shippers and carriers with the flexibility necessary to
develop plans that address their individual circumstances and
operational environment.
V. FMCSA Requirements Applicable to Explosives Storage
Motor carriers that transport hazardous materials in commerce must
comply with both the HMR and the Federal Motor Carrier Safety
Regulations (FMCSRs; 49 CFR parts 390-397), administered by the FMCSA.
The FMCSRs address driver qualifications; vehicle parts and
accessories; driving requirements and hours of service; vehicle
inspection, repair and maintenance; and driving and parking rules for
the transportation of hazardous materials. 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
[[Page 69496]]
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 defined as 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 competent authority having jurisdiction over the area. The FMCSRs
do not include requirements for safety or security measures for safe
havens.
In addition, a motor vehicle containing a Division 1.1, 1.2, or 1.3
explosive may not be parked on or within 5 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)).
VI. USCG Requirements Applicable to Explosives Storage
The United States Coast Guard (USCG) issues regulations for the
safe and secure handling and storage of explosives and other dangerous
cargos that are within or contiguous to waterfront facilities. The
USCG's primary statutory authority is set forth in Title 46, U.S. Code,
the Ports and Waterways Safety Act, 33 U.S.C. 1221, et seq., and the
Espionage Act of 1917, as amended by the Magnuson Act of 1950, 16
U.S.C. 1858, and most recently by the Maritime Transportation and
Security Act of 2002, 46 U.S.C. 70108, in addition to Executive Orders
and Coast Guard regulations implementing the statutory authorities.
USCG Safety Regulations. The USCG regulations at 33 CFR part 126
establish requirements for designated waterfront facilities. Section
126.15 requires designated waterfront facilities that handle, store,
stow, load, discharge, or transport dangerous cargo to meet specific
conditions. The term ``dangerous cargo'' is defined in Sec. 126.3; it
includes all of the hazardous materials subject to the HMR except for
those subject to regulation only when transported by air. The
conditions for designated waterfront facilities include:
1. Fire extinguishing equipment, such as automatic sprinklers,
hydrants, hose connections, and firefighting water supplies must be
available and maintained in adequate quantities and locations. Fire
extinguishing equipment must meet State and local laws. In the absence
of applicable State and local laws, fire extinguishing equipment must
meet NFPA 10, 13, 14, and 307. 33 CFR 126.15(a)(1).
2. Hydrants, standpipes, hose stations, fire extinguishers, and
fire alarm boxes must be conspicuously marked and readily accessible
according to NFPA 10, 13, 14, and 307. 33 CFR 126.15(a)(2).
3. Warning signs must be constructed and installed according to
NFPA 307, chapter 7-8.7. 33 CFR 126.15(a)(3).
4. If the facility transfers dangerous cargo between sunset and
sunrise, it must have outdoor lighting that adequately illuminates the
transfer work area. The lighting must be installed and maintained
according to NFPA 70 and must be located or shielded so that it cannot
be mistaken for an aid to navigation and does not interfere with
navigation on waterways. 33 CFR 126.15(a)(4).
5. If the facility conducts cargo operations involving foreign-flag
vessels, the facility must have an international shore connection
meeting ASTM F-1121. 33 CFR 126.15(a)(5).
6. Whenever dangerous cargo is transferred or stored on the
facility, access to the facility must be limited to authorized
personnel including: persons working on the facility or vessel;
authorized delivery and service personnel; Coast Guard and other
Federal, State, and local officials; local emergency personnel; and
other persons authorized by the owner or operator of the facility. 33
CFR 126.15(a)(6).
7. Guards must be stationed, or equivalent controls acceptable to
the COTP must be used, to deter and detect unlawful entrance; to detect
and report fire hazards, fires, and releases of dangerous cargoes and
hazardous materials; to check the readiness of protective equipment;
and to report other emergency situations at the facility. 33 CFR
126.15(a)(7).
8. Coast Guard personnel must be allowed to enter the facility to
conduct inspections or board vessels moored at the facility. 33 CFR
126.15(a)(8).
9. When dangerous cargo is being transferred or stored on the
facility, material handling equipment, trucks, and other motor vehicles
operated by internal combustion engines must meet the requirements of
NFPA 307, chapter 9. 33 CFR 126.15(a)(9).
10. Smoking is allowed on the facility where permitted under State
or local law. Signs must be posted marking authorized smoking areas.
``No Smoking'' signs must be conspicuously posted elsewhere on the
facility. 33 CFR 126.15(a)(10).
11. All rubbish, debris, and waste materials must be placed in
adequate receptacles. 33 CFR 126.15(a)(11).
12. The COTP may determine that any equipment, material, or
standard is not reasonably adequate under the circumstances. If so, the
COTP informs the owner or operator in writing and provides an
opportunity for the owner or operator to have the deficiency corrected.
33 CFR 126.15(a)(12).
13. When dangerous cargo is not in transport units, all cargo,
freight, merchandise, and other items or material on the facility must
be arranged to provide access for firefighting and clearance for fire
prevention according to NFPA 307, chapter 8-5. 33 CFR 126.15(b)(1).
14. When dangerous cargo is not in transport units, the facility
must have and maintain, in adequate quantities and locations, portable
fire extinguishers that meet the requirements of NFPA 10. These
extinguishers must be inspected and maintained in accordance with NFPA
10. 33 CFR 126.15(b)(2).
15. When dangerous cargo is not in transport units, all new
electrical equipment and wiring installed on the facility must be of
the same type and installed as specified under NFPA 70. All defective
or dangerous electrical equipment and wiring must be promptly repaired,
replaced, or permanently disconnected. 33 CFR 126.15(b)(3).
16. When dangerous cargo is not in transport units, all open fires
and open-flame lamps are prohibited on the facility. Heating equipment
must meet NFPA 307, chapter 9-4. 33 CFR 126.15(b)(4).
17. When dangerous cargo is not in transport units, hazardous
material(s) used in the operation or maintenance of the facility may be
stored only in amounts necessary for normal operating conditions. These
materials must be stored in compartments that are remote from
combustible material; constructed to provide safe storage; and kept
clean and free of scrap materials, empty containers, soiled wiping
rags, waste, and other debris. Flammable liquids must be stored
according to NFPA 30, chapter 4. 33 CFR 126.15(b)(5).
18. When dangerous cargo is in transport units, terminal yards must
conform to the standards in NFPA 307, chapter 5. 33 CFR 126.15(c)(1).
19. When dangerous cargo is in transport units, containers packed
with dangerous cargo that are vertically stacked must be stacked no
more than four high. 33 CFR 126.15(c)(2).
A general permit for handling, storing, stowing, loading,
discharging or transporting dangerous cargo (other than
[[Page 69497]]
designated dangerous cargo) is granted by regulation to those
waterfront facilities that comply with these conditions (33 CFR
126.27). The Captain of the Port is authorized to terminate or suspend
the general permit for a facility whenever he deems that the security
or safety of the port or vessels or facility requires it (33 CFR
126.31). Division 1.1 and 1.2 explosive materials, further identified
as ``designated dangerous cargos,'' may only be handled, loaded,
discharged, or transported at waterfront facilities authorized by a
permit issued by the Captain of the Port (33 CFR 126.17). These
Division 1.1 and 1.2 explosive materials and certain other high-hazard
materials may only be handled at a ``facility of a particular hazard,''
which must meet additional conditions for warning alarms (33 CFR
126.16(b)).
Anchorage Regulations. Another area of Coast Guard regulations that
is related to the topic of storage of Class 1 explosive materials in
transportation is the Anchorage Regulations set forth in 33 CFR part
110. In particular, Subpart B of Part 110 prescribes permitted
explosives anchorage grounds for certain ports and places in the United
States as well as conditions that may pertain to explosives laden
vessels using those anchorage areas.
USCG Security Requirements. On October 22, 2003 the United States
Coast Guard published six final maritime security rules (68 FR 60448)
applicable to certain vessels and facilities. The rules establish
regulations for domestic maritime security that are based on the
international maritime security standards in the International
Convention for Safety of Life at Sea, 1974, (SOLAS) and the new
International Ship and Port Facility Security Code (ISPS Code). An
important objective of the ISPS Code is to ensure that countries adopt
compatible requirements so that a vessel's compliance with one
country's standards does not prevent it from meeting the standards of
another country.
The Coast Guard's final rules require owners and operators of
certain classes of vessels and facilities to perform security
assessments, develop security plans, and implement security measures
and procedures to address the risk or mitigate the potential results of
an act that results in a significant loss of life, environmental
damage, transportation system disruption, or economic disruption in a
particular area (33 CFR parts 104 and 105, respectively). These
requirements apply to about 10,000 vessels and about 5,000 facilities,
including facilities that handle hazardous material. Foreign and
domestic commercial and cargo vessels as well as barges transporting
petroleum, other hazardous liquids, and certain other dangerous cargoes
in bulk are covered by these rules. Vessel security plans must include
measures for access control, restricted areas, handling cargo, delivery
of vessel stores and bunkering, and monitoring. Security measures for
each activity must be scaled to provide for increased levels of
security at increased threat levels.
For purposes of the USCG regulations, a ``facility'' is any
structure or facility of any kind located in, on, under, or adjacent to
any waters of the United States and used by a public or private entity,
including any contiguous or adjoining property under common ownership
or operation (33 CFR 101.105). Facility security plans must include
measures for access control, restricted areas, handling cargo, delivery
of vessel stores and bunkering, and monitoring (33 CFR 105.405).
Security measures for each activity must be scaled to provide for
increased levels of security at increased threat levels (33 CFR
105.230). Some additional security measures are prescribed for
facilities that handle ``certain dangerous cargoes'' including Division
1.1, 1.2, and 1.5D explosives (33 CFR 105.295).
In addition, the October 22, 2003 final rules: (1) Establish USCG
Captains of the Ports as Federal Maritime Security Coordinators (33 CFR
103.200); (2) require the establishment of Area Maritime Security
Committees (33 CFR 103.300); and (3) mandate the development and
implementation of Area Maritime Security Plans to address security of
the infrastructure and operations of a port (33 CFR 103.500). The Area
Maritime Security Plan is primarily a communication and coordination
document. Core elements of the Area Maritime Security Plan include, but
are not limited to: (1) Details of operational and physical measures
that must be in place at all threat levels (33 CFR 103.505(a)); (2)
expected timeframes for responding to security threats and changes to
threat levels (33 CFR 103.505(g)); (3) communications procedures (33
CFR 103.505(q)); (4) measures to enhance the security of vessels,
facilities, and operations that are not covered by other security plan
regulations or requirements (33 CFR 103.505(n)); (5) measures to
protect the plan and related information (33 CFR 103.505(m)); (6)
periodic review, audit, and updating procedures (33 CFR 103.505(j));
and (7) procedures for reporting security incidents (33 CFR
103.505(k)).
VII. ATF Regulations
Congress enacted Title XI of the Organized Crime Control Act of
1970 to protect interstate and foreign commerce against interference
and interruption by reducing the hazard to persons and property arising
from misuse and unsafe or insecure storage of explosive materials.
Chapter 40 of the 1970 Act is entitled Importation, Manufacture,
Distribution and Storage of Explosive Materials. The Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) U.S. Department of Justice has
been delegated the authority to enforce Chapter 40. ATF has promulgated
regulations contained in 27 CFR part 555 to implement its provisions.
ATF regulations contain detailed provisions governing the storage
of explosive materials. These storage regulations address numerous
issues including: (1) A requirement to inspect storage facilities at
least every seven days (27 CFR 555.204); (2) where magazines may be
located (27 CFR 555.206); (3) construction requirements of magazines,
including locking mechanisms (27 CFR 555.207-211); (4) quantity
restrictions and restrictions on the items that may be stored together
(27 CFR 555.213); and (5) distance restrictions (27 CFR 555.218-224).
In addition, all theft or loss of explosive materials by licensees,
permittees, carriers of explosives materials, and other persons must be
reported to ATF within 24 hours of discovery (27 CFR 555.30).
Below we provide information on the explosives storage regulations
found in 27 CFR part 555, subpart K. For a thorough understanding of
the regulatory requirements, we recommend you review the complete ATF
regulations.
1. Explosive materials fall into one of three classes--high
explosives (i.e., Dynamite, Flash Powder, Bulk Salutes), low explosives
(i.e., Black Powder, safety fuses, igniters, igniter cords, fuse
lighters, and display fireworks), or blasting agents (i.e., Ammonium
nitrate fuel oil and certain water gels). 27 CFR 555.202.
2. There are 5 types of explosives magazines. Type 1 magazines are
permanent magazines for the storage of high explosives and all other
classes of explosive materials. Type 2 magazines are mobile and
portable indoor and outdoor magazines for the storage of high
explosives and all other classes of explosive materials. Type 3
magazines are portable outdoor magazines for the temporary storage of
high explosives while attended (for example, a ``daybox'') and all
other classes of
[[Page 69498]]
explosives materials. Type 4 magazines are magazines for the storage of
low explosives. Blasting agents and detonators that will not mass
detonate may be stored in type 4 magazines. Type 5 magazines are for
the storage of blasting agents. Type 4 and 5 magazines can be in the
form of a trailer or semi-trailer; however, they must be immobilized by
removing the wheels or installing a kingpin locking device or other ATF
approved method if they are left unattended. 27 CFR 555.203, 207-211.
3. The regulations specify magazine construction requirements
including, but not limited to, walls, floors, foundations, roofs,
bullet-resistant ceilings, doors, locks, and ventilation systems. 27
CFR 555.207-211.
4. Any person who stores explosive materials must notify the
authority having jurisdiction for fire and safety in the locality where
the explosive materials are being stored of the type, magazine
capacity, and location of each site where such explosives are being
stored. 27 CFR 555.201(f).
5. Smoking, matches, open flames, and spark producing devices are
not permitted in any magazine, within 50 feet of any outdoor magazine,
or within any room containing an indoor magazine. 27 CFR 555.212.
6. Magazines must be clean, dry, and free of grit, paper, empty
packaging and containers, and rubbish. Cleaning utensils, which may be
left in the magazines, cannot have spark-producing metal parts. The
surrounding area must be kept clear of rubbish, brush, dry grass, or
trees for 25 feet in all directions. 27 CFR 555.215.
7. Lighting in any explosives storage magazine must comply with the
National Electrical Code (NFPA 70-81). Battery-activated safety lights
may be used in explosive storage magazines. 27 CFR 555.217.
8. Explosive materials must be stored in accordance with the table
of distances contained in the ATF regulations. 27 CFR 555.218-224.
VIII. NFPA 498, Standard for Safe Havens and Interchange Lots for
Vehicles Transporting Explosives
The National Fire Protection Association (NFPA) has published
standards for safe havens under NFPA 498, Standard for Safe Havens and
Interchange Lots for Vehicles Transporting Explosives. NFPA 498 was
specifically designed to handle cargoes of explosive materials in a
transportation setting. The standard is widely used and accepted by the
explosives transportation industry and by Federal, State, and local
governments. It addresses fire, theft, and explosion hazards of
explosive materials in parked vehicles at safe havens and interchange
lots. Detailed information on the provisions contained in NFPA 498 is
provided below:
1. The term ``explosives interchange lot'' is defined as a
specially designed safe area of a motor vehicle terminal where less-
than-truckload lots of explosives can be held for transfer from one
vehicle to another for continuance in transportation. The term
``explosives motor vehicle facility'' is defined as a designated area
where motor vehicles transporting explosives can be parked, pending
further movement in transportation. Such a facility can be a safe haven
or interchange lot and can include maintenance shops, driver rest
services, or any combination of these conveniences. The term ``safe
haven'' is defined as a secured area specifically designated and
approved in writing by local, State, or Federal governmental
authorities for the parking of vehicles containing Division 1.1,
Division 1.2, or Division 1.3 materials. NFPA 498 section 1-3.
2. A safe haven must be located in a secured area that is no closer
than 300 ft (91.5m) to a bridge, tunnel, dwelling, building, or place
where people work, congregate, or assemble. The perimeter of the safe
haven must be cleared of weeds, underbrush, vegetation, or other
combustible materials for a distance of 25 ft (7.6 m). The safe haven
must be protected from trespassers by warning signs, gates, and
patrols. NFPA 498 sections 2-1.1, 2-1.2, 2-1.3, and 2-1.4.
3. When vehicles carrying Division 1.1, Division 1.2, or Division
1.3 materials are parked in a safe haven, the entrance to the safe
haven must be marked with this warning sign:
DANGER NO SMOKING
NEVER FIGHT EXPLOSIVE FIRES
VEHICLES ON THIS SITE CONTAIN EXPLOSIVES
CALL------------------------------------------------------------------
The sign must be weatherproof with reflective printing, and the
letters must be at least 2 in. high. NFPA 498 section 2-1.4.
4. The shipping paper for all 1.1, 1.2, and 1.3 materials and
corresponding emergency response information must be presented to the
guard patrolling the safe haven. NFPA 498 section 2-1.5.1.
5. Vehicles will be inspected before they enter the safe haven. Any
safety (e.g., hot tires, hot wheel bearings, hot brakes, any
accumulation of oil or grease, any defects in the electrical system, or
any apparent physical damage to the vehicle that could cause or
contribute to a fire) or security threats that are identified by the
inspector must be corrected before the vehicle is permitted to enter
the safe haven. NFPA 498 section 2-2.1.
6. Trailers are to be positioned in the safe haven with spacing of
not less than 5 ft (1.5 m) maintained in all directions between parked
trailers. Additionally, trailers may not be parked in a manner that
would require their movement to move another vehicle. Immediately upon
correctly positioning a loaded trailer the tractor must be disconnected
and removed from the safe haven. NFPA 498 sections 2-2.2 and 2-2.3.
7. The explosives transport vehicles, including trailers, in the
interchange lot must be maintained in the same condition as is required
for highway transportation, including placarding. NFPA 498 section 2-
2.4.
8. Where a self-propelled vehicle loaded with explosives is parked
in a safe haven it must be parked at least 25 ft (7.6 m) from any other
vehicles containing explosives, and must be in operable condition,
properly placarded, and in a position and condition where it can be
moved easily in case of necessity or emergency. NFPA 498 section 2-2.5.
9. No explosives may be transferred from one vehicle to another in
a safe haven except in case of necessity or emergency. NFPA 498 section
2-2.6.
10. No vehicle transporting other hazardous materials may be parked
in a safe haven unless the materials being transported are compatible
with explosives. NFPA 498 section 2-2.7.
11. Except for minor repairs, no repair work involving cutting or
welding, operation of the vehicle engine, or the electrical wiring may
be performed on any vehicle parked in a safe haven that is carrying
explosives. NFPA 498 section 2-3.1.
12. Except for firearms carried by law enforcement and security
personnel where specifically authorized by the authority having
jurisdiction, smoking, matches, open flames, spark-producing devices,
and firearms are not permitted inside or within 50 ft (15.3 m) of the
safe haven, loading dock, or interchange lot. NFPA 498 section 2-3.2.
13. When any vehicle transporting explosives is parked in a safe
haven, at least one trained person, 21 years of age or older, must be
assigned to patrol the safe haven on a dedicated basis. Safe havens
located on explosives manufacturing facilities or at motor vehicle
terminals must employ other means of acceptable security such as
existing plant or terminal protection systems or electronic
surveillance devices. NFPA 498 section 2-4.1.
[[Page 69499]]
14. Where an area at the loading dock is designated for the
temporary holding of explosives in a trailer, it must not be located
within 50 ft (15.3 m) of a fire hazard such as an area where smoking is
permitted, where hot work is being done, or where combustible or
flammable materials are present. NFPA 498 section 3-1.3.
15. Explosives delivered to the interchange lot by a connecting
carrier must be retained in the trailer at a designated section of the
loading dock, or the trailer must be parked in an isolated area of the
interchange lot, or the explosives must be placed in the holding
facility. NFPA 498 section 3-2.2.
16. Explosives may not be retained on the lot, either in a trailer
or holding facility, for a period longer than necessary, but in no case
for more than 100 hours. NFPA 498 section 3-2.4.
IX. Institute of Makers of Explosives Safety Library Publication No.
27, ``Security in Manufacturing, Transportation, Storage and Use of
Commercial Explosives''
In January of 2005 the Institute of Makers of Explosives (IME)
published recommended guidelines (SLP-27) for the manufacture, sale and
distribution, transportation, storage, and use of Class 1 materials.
SLP-27 establishes a best practices guideline for the transportation of
explosives by highway and vessel. Specifically, it provides detailed
transportation information on security plans, training, loading, and
unloading requirements as they apply to shipments of explosives
transported by highway or vessel. Following is a list of the
significant transportation related requirements contained in the IME
publication, ``Security in Manufacturing, Transportation, Storage and
Use of Commercial Explosives.''
Transportation by Highway or Vessel
1. Those persons transporting explosives must be properly trained
and shipments must comply with DOT security plan requirements, as
applicable. SLP-27 section 3.1.
2. Loading of stored materials or materials that are manufactured
and immediately transported should be done as conspicuously as possible
and without undue delay. SLP-27 section 3.2.
3. Unloading and placement of explosives in proper storage should
be completed upon arrival at the final destination. SLP-27 section 3.3.
Transportation by Highway
1. For international shipments carriers should participate in the
U.S. Customs and Boarder Protection Free and Secure Trade (FAST)
program. In addition, carriers should plan to avoid any unnecessary
delays at border crossings. SLP-27 section 3.4.1.
2. Cross docking and trailer transfers should be done in secure
areas. SLP-27 section 3.4.1.2.
3. Safe havens should be operated in accordance with the current
edition of NFPA 498 and be reviewed by each carrier's safety department
prior to use. SLP-27 section 3.4.2.
4. If at all possible congested areas and rush hour traffic should
be avoided. SLP-27 section 3.4.3.
5. Parking or stopping of the vehicle should be kept to a minimum,
but if necessary must conform to the requirements in 49 CFR part 397.
SLP-27 section 3.4.4.
6. For Division 1.1, 1.2, and 1.3 materials, a trained and
authorized person that is capable of moving the vehicle must be in
attendance at all times. SLP-27 section 3.4.5.
7. Cargo compartments should be locked and sealed with the
corresponding seal numbers recorded on the shipping paper. SLP-27
section 3.4.6.
8. A route plan, that includes all stops, must be prepared for
Division 1.1, 1.2, and 1.3 materials in accordance with 49 CFR
397.67(d). SLP-27 section 3.4.7.
9. A dual driver program should be used for certain materials if
the shipment cannot be completed within a single driver's hours-of-
service. SLP-27 section 3.4.8.
10. Only vehicles capable of two way communication or those
equipped with a two-way GPS system should be used for the
transportation of Class 1 materials. In addition, shipments that are
longer than 11 hours in duration should be monitored by GPS or by an
equivalent tracking system. SLP-27 section 3.1.9.
11. A battery disconnect switch or steering wheel lock should be
installed on vehicles transporting Class 1 materials. SLP-27 section
3.4.10.
12. If mechanical problems occur the driver should contact
dispatch, proceed to the safest possible location, and always stay with
the vehicle. SLP-27 section 3.4.11.
13. The driver should not stop to render aid to others. SLP-27
section 3.4.11.3.
14. If an incident occurs the driver should contact dispatch and
State law enforcement officials immediately. SLP-27 section 3.4.11.2.
Transportation by Vessel
1. Division 1.1, 1.2, and 1.3 materials should be staged in a safe
haven or area designated by the Captain of the Port (COTP). SLP-27
section 3.5.1.
2. A qualified individual should serve as the Responsible Safety
and Security Individual (RSSI). The RSSI should be present when
Division 1.1, 1.2, or 1.3 materials are handled at the berth. SLP-27
section 3.5.2.
3. Emergency response plans should be consistent with those
described in 29 CFR 1910.120(q) and 33 CFR. SLP-27 section 3.5.3.1.
4. The facility operator should develop an emergency response plan
for the facility, a copy of which should be distributed to the RSSI,
port authority, regulatory authority, and master of the ship. In
addition, the facility operator should notify the local authorities of
the net explosive quantity at least 24-hours in advance of the expected
handling dates. SLP-27 section 3.5.3.4.
5. The vessel operator should maintain the vessel in a manner that
would allow for immediate departure, should the need arise. SLP-27
section 3.5.3.5.
6. The emergency response plans for the ship and waterfront
facility should be consistent. SLP-27 section 3.5.3.6.
7. The RSSI should ensure that the shipping papers accurately
indicate the total amount of Class 1 materials on the vessel. SLP-27
section 3.5.6.
8. For loading and unloading the RSSI should have a list of each
container or trailer and confirm that each is on the list. SLP-27
sections 3.5.7.1 and 3.5.8.1.
9. Loading and unloading should be done in a manner that does not
cause undue delay and minimizes the amount of time explosives are in
the berth. SLP-27 sections 3.5.7.4 and 3.5.8.5.
10. The facility operator should inspect packages of Class 1
material for evidence of unauthorized entry. If such evidence exists
the facility operator should contact the RSSI. SLP-27 section 3.5.8.6.
11. Only the motor vehicles required to load or unload the
explosives are allowed in the berth or inside the warehouse. The
drivers should stay in the immediate vicinity of their vehicles.
Division 1.1, 1.2, and 1.3 materials should be attended at all times.
SLP-27 section 3.5.9.
12. To maintain safety and security Division 1.1, 1.2, and 1.3
shipments that involve the use of multiple shippers and carriers should
be planned in advance and coordinated with facility operator. SLP-27
section 3.5.11.
13. The RSSI should maintain contact with the U.S. Coast Guard,
master of the
[[Page 69500]]
ship and facility operator, and the motor carrier when Class 1
materials are being handled. SLP-27 section 3.5.12.
14. When Class 1 materials are in the berth only the personnel
needed to do the job in a safe and secure manner should be present.
SLP-27 section 3.5.13.3.
15. Waterfront facilities that handle explosives should meet the
standards for interchange lots found in NFPA 498. SLP-27 section
3.5.13.4.
X. SDDC Freight Traffic Rules Publication No. 1C
The Department of Defense (DOD) has published standards for non-
government safe havens used for commercial shipments of DOD munitions
made under the provisions of Surface Deployment and Distribution
Command (SDDC) Freight Traffic Rules Publication No. 1C (MFTRP No. 1C).
The rules apply to DOD shipments of explosives. Following is a list of
key requirements in MFTRP No. 1C that apply to explosives stored during
transportation:
1. The rules outlined in Section 4, Part A apply to explosives
classified as Division 1.1, 1.2, 1.3, and 1.4. MFTRP No. 1C--Item 300.
2. When a shipment arrives at an installation during other than
consignee designated hours a temporary holding area will be provided
for shipments. The installation will provide safety and security
protection as outlined in Part II, Chapter 205 of the Defense
Transportation Regulation (DTR). MFTRP No. 1C--Item 305.
3. Secure holding in the event of emergencies, such as when
shipments of Class 1, Division 1.1, 1.2, 1.3, or 1.4 (A, B, or C)
materials are endangered by civil disturbance or natural disaster or
prevented from proceeding to destinations by circumstances beyond the
control of the carrier. Secure holding requirements:
a. The carrier will notify the consignor and consignee of the
delay.
b. Shipments must be removed from secure holding as soon as the
shipment is no longer endangered.
c. Vehicles in a secure holding will be parked inside an
appropriate security area (fenced area).
d. Installation security will be extended when required to provide
reasonable protection.
e. Shipping documents will be examined to prevent surreptitious
entry of any unauthorized shipments into the installation.
f. Installation personnel will determine if carrier personnel will
remain with the vehicle for constant surveillance.
g. Inspection provisions will be applied.
h. For parking lots and rail yards the compatibility restrictions
and quantity-distance requirements of DOD Manual 6055.9 STD must be
applied. MFTRP No. 1C--Item 310.
4. Terminal Security Standards. The carrier must maintain a
comprehensive security plan including facility security. Diagram of the
terminal that shows controlled and restricted areas, security force
locations, surveillance equipment locations, and implementation
procedures for the plan. Included in the plan are the following:
a. Access Control.
b. Guard Force standards, qualification, training, equipment.
c. Fencing.
d. Lighting.
e. Barriers (e.g., jersey concrete barriers, etc.).
f. Key and lock control.
g. Emergency communications.
h. Emergency power.
i. Emergency response forces.
j. Procedures for response to terrorism/criminal threats or other
emergencies.
Small arms, ammunition and explosives must be afforded double
barrier protection. General terminal areas will be designated
``controlled areas'' and surrounded by a perimeter fence to limit
access. Secure trailer and/or drom parking areas will be designated
``restricted areas'' and will be located within the established
controlled area. The restricted area will be located in a revetment
area protected by an earth-graded berm a minimum of 20 feet in height.
The restricted area will also be protected by its own perimeter fence
located on top of the earth-graded berm. The entrance into the
restricted area will be constructed in such a way that it prevents a
straight drive/view into the parking area. Since the guards do not have
direct unobstructed view of the entire area, the restricted area will
have a color Closed Circuit Television (CCTV) system to provide
enhanced security over the parking area. Administrative buildings that
are located within the terminal, maintenance facilities and terminal
guard stations will be included within the controlled area and provided
CCTV coverage. Structures used by security forces will be of
substantial construction (i.e. masonry or shielded) to mitigate any
threat from small arms fire. Warning signs must be posted at each entry
point and along the terminal perimeter where they can be easily seen
and understood by anyone approaching the terminal facility. In areas
where English is one of two or more languages commonly spoken, warning
signs will contain the local language in addition to English. The
wording of the signs will denote warning of a restricted area. Warning
signs will be posted at intervals not to exceed 100 feet. MFTRP No.
1C--Item 312.
5. These provisions are very similar to the safe haven requirements
found in NFPA 498. They provide the minimum required safety standards
for commercial carrier terminals to handle Division 1 ammunition and
explosives. This Item requires carriers to have a comprehensive site
plan. The terminal must be approved by a State or local HAZMAT
approving authority. The terminal must have a clear zone of 20 feet
inside and 20 feet outside of the perimeter that is clear of weeds,
brush, vegetation or other combustible material. No smoking signs that
include the emergency response number to call in the event of a fire.
Terminal employees must be informed of the hazard classification of
explosives and the danger posed to them. Vehicle that can move
explosive trailers must be kept in terminal at all times. Fire
protection equipment must be provided.
Vehicles must undergo a safety inspection. Spacing of 5 feet is
required between parked trailers. The trailers must be maintained in
highway condition. No vehicle transporting other hazardous materials,
including commercial explosives, must be parked in a terminal unless
the materials being transported are compatible with explosives. No
repair work, no smoking or spark producing devices, and no electrical
lines closer then the length of the lines. MFTRP No. 1C--Item 314.
XI. Comments
Shippers and carriers of explosives and other high-hazard materials
are urged to carefully consider the implications of incorporating these
governmental and industry standards into the HMR. We urge you to
consider the effects on transportation safety and security at
explosives storage facilities and the effects on the intermodal
transportation of explosives. Commenters should be aware that the
information and data generated in response to this ANPRM could result
in a notice of proposed rulemaking that would apply more generally to
shippers and carriers of explosives and other high-hazard materials. We
invite commenters to submit data and information on:
1. The effectiveness of different types of safety and security
measures.
2. The costs involved with implementing specific safety and
security measures.
[[Page 69501]]
3. The related safety or productivity benefits that would help
offset costs.
4. The effect that implementing specific safety and security
measures will have on the human environment.
5. Ways or incentives that may be appropriate to consider in
promoting adoption of safety and security measures in conjunction with
or separate from general regulatory requirements.
6. The overall safety and security of safe havens for temporary
storage during transportation, including suggestions for improving
security at safe havens or alternatives to the use of safe havens.
7. The conditions and circumstances under which temporary storage
in safe havens should be required.
8. Whether specific safety and security measures should be limited
to certain explosives and, if so, which explosives might warrant
specific security or safety measures (i.e., to which explosives in
Division 1 through Division 6 and in what quantity should these
measures apply).
9. Whether enhanced safety or security requirements for storage
during transportation should also apply to other types of hazardous
materials (e.g., materials toxic by inhalation) and, if so, which
hazardous materials.
10. Whether enhanced safety or security requirements for storage
during transportation should apply to transportation by all modes or
only certain specified forms of transportation (e.g., railroad,
highway, etc.).
11. Whether we should consider aggregation limits on the storage of
explosives and other high-hazard materials at a single facility during
transportation.
12. Whether we should consider limits on the time that a shipment
of explosives or other high-hazard materials could be stored during
transportation.
13. Whether shipping documents should indicate that a shipment will
be stored at a safe haven or other facility during transportation.
14. Whether the regulations and standards outlined in this ANPRM
can be transformed into multimodal storage requirements for the
transportation of explosives.
15. Whether there are additional standards, other than those
outlined above, that we should take into consideration.
16. Whether development of an industry or consensus standard or
regulation should be pursued in this area.
We are particularly interested in comments from explosives shippers
and carriers and State governments regarding their experiences with
safe havens. We would like to know if State and local governments have
concerns regarding the use of safe havens in and around their
communities, including possible economic impacts of terrorist
activities or accidents. We would like information on the benefits
realized, the costs incurred, any technical or practical difficulties
encountered, and other real-world experience gained from transporting
or regulating the transportation of explosives as it relates to safe
havens.
XII. Regulatory Notices
A. Executive Order 12866: Regulatory Planning and Review
Executive Order 12866 requires agencies to regulate in the ``most
cost-effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.'' We therefore
request comments, including specific data if possible, concerning the
costs and benefits that may be associated with adoption of specific
security and storage requirements for carriers that include explosives
storage as part of their transportation cycle.
B. Executive Order 13132: Federalism
Executive Order 13132 requires agencies to assure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have a substantial, direct effect on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. We invite State and local governments
with an interest in this rulemaking to comment on the effect that
adoption of specific storage and security requirements for carriers
that transport and store explosives in commerce may have on State or
local safety or environmental protection programs.
C. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 requires agencies to assure meaningful and
timely input from Indian tribal government representatives in the
development of rules that ``significantly or uniquely affect'' Indian
communities and that impose ``substantial and direct compliance costs''
on such communities. We invite Indian tribal governments to provide
comments as to the effect that adoption of specific storage and
security requirements for explosives that are transported in commerce
may have on Indian communities.
D. Regulatory Flexibility Act
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), we must consider whether a proposed rule would have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000. If your business or organization is a small
entity and if adoption of specific storage requirements applicable to
explosvies transported in commerce could have a significant economic
impact on your operations, please submit a comment to explain how and
to what extent your business or organization could be affected.
E. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and that they prepare a detailed statement on actions significantly
affecting the quality of the human environment. Interested parties are
invited to address the potential environmental impacts of regulations
applicable to the storage of explosives transported in commerce. We are
particularly interested in comments about safety and security measures
that would provide greater benefit to the human environment, or on
alternative actions the agency could take that would provide beneficial
impacts.
F. Statutory/Legal Authority for This Rulemaking
This rulemaking is issued under authority of the Federal hazardous
materials transportation law (49 U.S.C. 5101 et seq.), which authorizes
the Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
interstate, intrastate, and foreign commerce.
G. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is considered a significant regulatory action under
section 3(f) of Executive Order 12866 and the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11032). This
ANPRM was reviewed by the Office of Management and Budget.
[[Page 69502]]
E.O. 12866 requires agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.'' We therefore
request comments, including specific data if possible, concerning the
costs and benefits of incorporating requirements for the storage of
explosives and other high-hazard materials during transportation into
the HMR.
H. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. The RIN
number contained in the heading of this document may be used to cross-
reference this action with the Unified Agenda.
I. Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) of you may visit http://dms.dot.gov.
Issued in Washington, DC, on November 10, 2005, under authority
delegated in 49 CFR part 106.
Robert McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 05-22751 Filed 11-15-05; 8:45 am]
BILLING CODE 4910-60-P