PHMSA Seeks Information on Automated Technologies in Hazmat Transportation

Last week, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register a request for information on matters related to the development and potential use of automated technologies for surface modes (highway and rail) in hazardous materials transportation. In anticipation of the development, testing, and integration of Automated Driving Systems in surface transportation, PHMSA is issuing this request for information on the factors the Agency should consider ensuring the continued safe transportation of hazardous materials without impeding emerging surface transportation technologies.

As the transportation sector continues to undergo a potential revolutionary period as tasks traditionally performed by human beings are increasingly being done by automated technologies. Most prominently, Automated Driving Systems (ADS) have shown the capacity to drive and operate motor vehicles, including commercial motor vehicles, as safety and efficiently as humans, if not more so. Similar technological developments are also occurring in rail. The Department of Transportation (DOT), including PHMSA, strongly encourages the safe development, testing, and integration of these automated technologies to be used in hazardous materials transportation.

The irony of this request for information is that PHMSA’s own internal database is archaic and the antithesis of modern and revolutionary for 21st century standards. Currently, the PHMSA database does not allow for the use of USDOT numbers, the single most recognizable identifier for motor carriers across all transportation industry platforms; eventually, it will be the sole identifier per the Unified Registration System (URS). TIA has been calling for this change for years because it creates serious deficiencies, that harm public safety, industry stakeholders, and compromises national security.

Through, this request for information, PHMSA is specifically looking for answers to the following eleven questions:
1. What are the safety, regulatory, and policy implications of the design, testing, and integration of surface automated vehicles on the requirements in the Hazardous Materials Regulations (HMR)? Please include any potential solutions PHMSA should consider.

2. What are the potential regulatory incompatibilities between the HMR and a future surface transportation system that incorporates automated vehicles? Specific HMR areas could include but not limited to:

• Emergency response information and hazard communication
• Packaging and handling requirements, including pre-transportation functions
• Incident response and reporting
• Safety and security plans
• Modal requirements

3. Are there specific HMR requirements that would need modifications to become performance-standards that can accommodate an automated vehicle operating in a surface transportation system?

4. What automated surface transportation technologies are under development that are expected to be relevant to the safe transport of hazardous materials, and how might they be used in a surface transportation system?

5. Under what circumstances do freight operators envision the transportation of hazardous materials in commerce using surface automated vehicles within the next 10 years?

• To what extent do the HMR restrict the use of surface automated vehicles in the transportation of hazardous materials in non-bulk packaging in parcel delivery and less-than-truckload freight shipments by commercial motor vehicles?
• To what extent do the HMR restrict the use of surface automated vehicles in the transportation of hazardous materials in bulk packaging by rail and commercial motor vehicles?

6. What issues do automated technologies raise in hazardous materials surface transportation that are not present for human drivers or operators that PHMSA should address?

7. Do HMR requirements that relate to the operation of surface automated vehicles carrying hazardous materials present different challenges than those that relate to ancillary tasks, such as inspections and packaging requirements?

8. What solutions could PHMSA consider addressing potential future regulatory incompatibilities between the HMR and surface automated vehicle technologies?

9. What should PHMSA consider when reviewing applications for special permits seeking regulatory flexibility to allow for the transport of hazardous materials using automated technologies for surface modes?

10. When considering long-term solutions to challenges the HMR may present to the development, testing, and integration of surface automated vehicles, what information and other factors should PHMSA consider?

11. What should PHMSA consider when developing future policy, guidance, and regulations for the safe transportation of hazardous materials in surface transportation systems?

The TIA Environmental and Hazardous Materials Subcommittee, will review the request for information and takes the necessary next steps. If you have any questions, please contact TIA Advocacy at advocacy@tianet.org or 703.299.5700.