PHMSA Issues Final Rule Defining Hazmat Transport

April 27, 2005 6:00 AM, EDT

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he Pipeline and Hazardous Materials Safety Administration issued its final rule defining the transportation of hazardous materials in a Federal Register notice April 15. The agency said its rule clarifies where other agencies can regulate some portions of hazmat shipping.

The new rule defined transportation as “the movement of property and loading, unloading or storage incidental to the movement,” and limits PHMSA’s power of pre-emption to those areas only. It will take effect on June 1, PHMSA said.

The rule was originally published in October 2003, but has been delayed twice while PHMSA, and its predecessor the Research and Special Programs Administration, dealt with 14 appeals and challenges to the rule.

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