NITL criticizes new RSPA hazmat rule

Dec 9, 2003 12:00 PM

Recent hazardous materials regulations by the Research and Special Programs Administration (RSPA) has prompted criticism from the National Industrial Transportation League (NITL), according to NITL information. The league believes the final rule "fails to achieve certainty, uniformity, and predictability in application of hazardous materials regulations because it creates unpredictable 'on-again, off-again' regulation of shipments of hazardous materials moving in commerce."

As a result of its concern, NITL filed an administrative appeal with RSPA December 1. A basis of the appeal stems from what the league believes is a "strained reading of the statute" by the agency. In particular, NITL noted the interpretation of the word, transportation, and argues that it has been read improperly, and that RSPA ignores the word's distinct meaning under federal hazmat transportation law. While transportation is defined as movement and loading, unloading, and storage incidental to movement, the league said RSPA has chosen to look at transportation in a "discrete, activity-by-activity approach." NITL said the rule is "sporadic, rather than the comprehensive regulation which Congress envisioned."

NITL asked RSPA for 90 days from the Federal Register publication date of October 29 to prepare and file a supplemental submission. The final rule is scheduled to be effective October 1, 2004. To see the rule in its entirety, click here.