On October 4, 2024 PHMSA published a notice of proposed rulemaking (NPRM) to “revise the Hazardous Materials Regulations to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce.” Theis NPRM was done in consultation with the Federal Motor Carrier Safety Administration and others to, among other things, deliberate on amendments identified by industry petitions for rulemaking.
On October 15, 2024, PHMSA published an NPRM explicitly allowing the use of electronic forms, signatures, and storage of drug testing records. As outlined in the Federal Register notice, this move comes because “DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms.”
What are we missing here? DOT is required by statute (i.e. a decree from Congress) to amend is regulations to authorize electronic signatures and documents, and is seeking to enhance the safe transportation of HazMat, but can’t see its way to authorizing, or even continuing the conversation about allowing the use of electronic shipping documents? We consider this another MISSed opportunity to increase the accuracy and effectiveness of HazMat shipping papers and to improve first responders’ ability to respond to a HazMat incident quickly and effectively. This miss is particularly frustrating given PHMSA finalized rules in July of this year to explicitly require electronic HazMat shipping papers in the rail industry.
In our paperless society, telling our first responders that the information they need to safely respond to a HazMat incident is within reach of the driver, inside the cab of a compromised truck is and of itself dangerous, not to mention antiquated. What’s stopping them from advancing to the 21st Century and making this information more widely available and accessible to those with a need to know?