Transportation of Hazardous Materials Biennial Report: Report to Congress

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) recently released a mandated report to the United States Congress titled:

Transportation of Hazardous Materials Biennial Report

For biennium 2015-2016

and biennium 2017-1028 (“Report”)

The Report is required by 49 U.S.C. § 5121(h).

The Secretary of Transportation is obligated to report biennially to Congress on six items. They include:

• A statistical compilation of accidents and casualties related to the transportation of hazardous material (or hazmat);
• A list and summary of applicable Government regulations, criteria, orders, and special permits;
• A summary of the basis for each special permit;
• An evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under § 5103(b)(1) and the degree of voluntary compliance with regulations;
• A summary of outstanding problems in carrying out the requirements of 49 U.S.C. ch. 511 in order of priority; and
• Recommendations for appropriate legislation.

PHMSA was delegated the authority to administer the federal Hazardous Materials Transportation Act by the Secretary of Transportation. As a result, it promulgates regulations for the safe transportation, including security of hazardous materials and intrastate, interstate, and foreign commerce.

In terms of the breadth of the activities it regulates, the Report notes that transport of hazardous materials by all modes (air, rail, highway, water) and pipelines includes:

• More than 1.2 million shipments daily,
• 1.6 billion tons shipped annually by all modes,
• Over 34 million containers entering U.S. ports annually,
• Over 12% of all freight tonnage shipped annually, and
• The nation's pipeline infrastructure, which accounts for 64% of the energy commodities consumed in the United States.

Besides addressing the previously referenced items, the Report also includes the following appendices:

• Comprehensive list of Special Permits
• Comprehensive list of rulemaking actions submitted to the Federal Register
• National Transportation Safety Board Recommendations

A copy of the Report can be downloaded here.