The Institute of Hazardous Materials Management (“IHMM”) respectfully submits these comments in response to PHMSA’s Advance Notice of Proposed Rulemaking, Hazardous Materials: Modernizing Regulations To Facilitate Transportation of Hazardous Materials Using Highly Automated Transportation Systems
The Hazardous Materials Transportation Act (“HMTA”), 49 U.S.C. §§ 5101–5128, directs the Secretary of Transportation to protect against risks to life, property, and the environment inherent in hazardous materials transportation. Automation may alter operational mechanics, but it does not alter the statutory safety mandate, the requirement for identifiable accountability, or the obligation to maintain enforceable national standards.
IHMM’s comments focus on four areas central to lawful modernization of the Hazardous Materials Regulations (“HMR”), 49 CFR Parts 171–180: (1) training equivalency under 49 U.S.C. § 5103(b)(1)(E); (2) performance-based compliance frameworks; (3) economic impacts on small entities under the Regulatory Flexibility Act; and (4) practical enforceability in unmanned or remotely supervised environments. IHMM urges PHMSA to ensure that modernization enhances safety outcomes without eroding inspection feasibility, hazard communication integrity, or statutory accountability.
As IHMM does with all regulatory and legislative comments, we have included background information on the IHMM certifications most clearly affected by the proposed regulations, along with accreditation and recertification requirements outlining the excellence of the professionals holding the credentials.
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