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PHMSA’s New Enforcement Plan

The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced, in March, a new approach to enforcing the hazardous materials regulations. It is called the Systems Integrity Safety Program (SISP). In this report Mr. Bunn gives an overview of the program, the criteria specified in the memorandum to qualify for entry, and a synopsis of the System Integrity Safety Program.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced a new approach to enforcing the hazardous materials regulations. It is called the Systems Integrity Safety Program (SISP). The initiative is detailed in the SISP National Policy Memorandum (and in three other associated documents), issued by the Office of Hazardous Materials Enforcement (OHME)’s Director Ryan Posten, dated February 29, 2008. These can be found here: http://hazmat.dot.gov/enforce/hmenforce.htm. (These documents are located under Systems Integrity Safety Program). This review attempts to summarize and initially critique the SISP. Note that all quotations are taken directly from the National Policy Memorandum. Ed. Note: A powerpoint presentation developed by Mr. Posten’s is posted on HazMat Packager & Shipper’s website under the HazMat Presentations section of the HazMat Reference Gateway. This presentation may be viewed here .

Overview
The program seeks to improve transportation safety utilizing a “risk-based enforcement system” enabling PHMSA to set priorities to “focus our resources on those companies posing the greatest risk to transportation safety and security”. Further, and innovatively: “Rather than engaging in an adversarial process, PHMSA will provide in-depth analyses, observations, and cooperative follow-up investigations to identify the root causes of the entity’s safety problems”. During a “partnership” period with the company (entity) the traditional violation and civil penalty processes are suspended. Excepted are “violations that present an imminent hazard or that demonstrate a criminal (willful) intent”.

Application
Entities which qualify for participation must meet criteria specified in the memorandum. The participant must be a regulated entity defined as:

“A person who—(i) transports hazardous material in commerce; (ii) causes hazardous material to be transported in commerce; (iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; (iv) prepares or accepts hazardous material for transportation in commerce; (v) is responsible for the safety of transporting hazardous material in commerce; (vi) certifies compliance with any requirement under chapter 51 of Title 49 of the United States Code; or (vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi) (49 U.S.C. § 5103(b)(A)(i-vii)).”

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