PHMSA Issues Final Rule HM-233B:Special Permits

摘要

The fact that PHMSA rejected all of the comments that it received, making no substantive changes in the final rule, is troubling. What good does it do to provide an opportunity to comment when there is no likelihood that the comments will be thoughtfully considered? While President Obama recently issued an executive order on issuance of regulations, one has to question whether this rulemaking follows the spirit of that order - not to mention the Administrative Procedures Act. Some of the changes add additional burdens with little to no benefit. In other cases, requiring justification for use of transport by air, asking for the frequency and quantity information, and providing the example of an FMEA suggest that PHMSA is veering from the legal criterion for issuing a special permit as provided in Hazmat Law -namely, does the proposal in the application provide an equivalent level of safety. D