Functions of the Office of Hazardous Materials Safety
Regulatory Development
This Office develops and recommends regulatory changes governing
the multimodal transportation of hazardous materials. It develops
long and short-term plans, schedules for hazardous materials regulatory
actions and carries them out in accordance with the plan.
When proposed regulations apply exclusively to a single mode,
the HMS Office develops and coordinates those regulations with the
appropriate DOT Operating Administration before issuance.
The Associate Administrator for Hazardous Materials Safety responds
to requests for interpretation of regulations, inconsistency rulings,
and non-preemption determinations. The Administrator also conducts
public hearings in conjunction with regulatory changes, issues
special permits where appropriate (upon concurring with concerned DOT
Operating Administrations), and makes final determinations regarding
registration approvals and reconsideration petitions.
It is the duty of this Office to develop regulatory policy options
and initiatives based on social, economic, technological, environmental,
and safety impacts of regulatory, legislative, or program activities
involving hazardous materials transportation. This Office participates
fully in policy determinations and implements guidance for approved
policies within the purview of its delegated authority.
Information Systems, Training (and Technological Capabilities)
The HMS Office maintains the technical capability to provide daily
support for HMS activities, specifically regarding all classes
of hazmat and their containment/packaging, as well as applied
research and engineering programs. It also conducts planning for
hazardous materials advanced research and development programs.
This Office maintains incident and operations data systems from
multimodal carriers (packaged materials only) and from manufacturers
of hazmat containers. A public docket system is also maintained
for all regulatory actions requiring formal docket procedures.
Appropriate regulatory documents are submitted to the Federal
Register.
The HMS Office develops hazardous materials safety training policies
and programs. Training courses and other instructional materials
are distributed for Government and industry personnel. The Emergency
Response Guidebook is also developed and distributed through this
Office.
Inter-agency Coordination Efforts
The Office of Hazardous Materials Safety serves as the DOT representative
on the National Response Team. It maintains liaison with other
Federal departments and agencies, State and local governments,
and non-government entities who are responsibile for setting
standards regarding the safe transportation of hazardous materials.
It plays the same role with international bodies to assure that
the United States' position can be developed in a timely and informed
manner. In this capacity, the Office conducts public meetings
and briefings and distributes literature from other Nations to
governmental entities and interested citizens regarding U.S. participation
in the activities of international hazmat standards-setting bodies.
The Office represents the United States (before international
standards-setting bodies) on technical issues of hazmat transportation.
This is done with the approval of, or in support of, the department
of State and in cooperation with other Operating Administrations.
Technical assistance is provided to State and local governments
in their efforts to enhance public safety and to avoid or resolve
potential conflicts between different levels of Government.
The HMS Office serves as a focal point for hazardous materials
studies and reports by the National Transportation Safety Board
(NTSB). It prepares responses to NTSB on hazmat transportation
matters in coordination with other offices.
With regards to the Nuclear Waste Policy Act of 1982, Section
137, this Office determines the willingness and ability of the
private sector to provide the required transportation services.
It plans and performs enforcement inspections in coordination
with inspection activities of other Operating Administrations.
It recommends enforcement actions to PHMSA's Office of the Chief Counsel.
Finally, (in terms of cooperative functions) this Office supports
the National Response Center (NRC) operation, in coordination
with the U.S. Coast Guard. It also serves as the DOT liaison with
the Federal Emergency Management Agency (FEMA) on hazmat transportation
issues.
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