[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Notices]
[Pages 19431-19432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8847]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Research and Special Programs Administration


Results of a Departmentwide Program Evaluation of the Hazardous 
Materials Transportation Programs (HMPE)

AGENCY: Office of Inspector General (OIG) and Research and Special 
Programs Administration (RSPA), DOT.

ACTION: Notice of Findings and Recommendations.

-----------------------------------------------------------------------

SUMMARY: This notice announces the completion of a Departmentwide 
Program Evaluation of the Hazardous Materials Transportation Programs. 
The program evaluation found that the Department's hazardous materials 
program is working reasonably well, but could be improved through 
Departmentwide strategic planning and program coordination, more 
focused delivery, and better data. To address these findings, the 
program evaluation recommended that DOT establish a focal point to 
administer and deliver a Departmentwide hazardous materials program, 
aimed at intermodal and cross-modal issues, to provide for more 
effective deployment of its resources. DOT should also place more 
emphasis on hazardous materials safety in its Strategic and Performance 
Plan(s) to better guide program delivery and measure results. 
Furthermore, the program evaluation recommended that the Department 
develop DOT-wide strategies to focus more on high-risk or problem 
shippers through targeted outreach activities and inspections, and 
strengthen its training standards to improve industry safety practices 
and compliance with the hazardous materials regulations to reduce 
incidents. The program evaluation also recommended that DOT take steps 
to improve its hazardous materials data Departmentwide and develop ways 
to increase data availability and usefulness. The results of the 
Hazardous Materials Program Evaluation (HMPE) are intended to improve 
the effectiveness and efficiency of the Department's hazardous 
materials program. Copies of the Executive Summary and full report are 
available electronically through DOT at: http://hazmat.dot.gov/hmpe.htm.

FOR FURTHER INFORMATION CONTACT: Jackie A. Goff, Esq., 202-493-0326, or 
George A. Whitney, 202-366-4831, HMPE Co-Chairs, U.S. Department of 
Transportation; 400 Seventh Street SW, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 9, 1999, DOT published a Notice in the Federal Register 
(64 FR 11528) announcing the initiation of an internal Departmentwide 
Program Evaluation of the Hazardous Materials Transportation Programs. 
In that Notice it was announced that the HMPE team was being jointly 
lead by the Office of Inspector General (OIG) and the Research and 
Special Programs Administration (RSPA). The HMPE team was staffed by 10 
full-time persons, including at least one full-time person from the OIG 
and RSPA and each of the following DOT Operating Administrations: the 
United States Coast Guard; the Federal Aviation Administration; the 
Federal Motor Carrier Safety Administration; and the Federal Railroad 
Administration.
    The HMPE team examined the Federal hazardous materials 
transportation law, the program structure defined by the delegation of 
authority within DOT, and assessed program delivery. The HMPE was 
intended to determine the effectiveness of DOT's current hazardous 
material programs, including the division of responsibilities across 
and within modes, and the allocation of resources dedicated to specific 
functions. The HMPE focused on cross-modal issues, including an 
analysis and critique of DOT's current program intervention tools 
(regulation, education, training, outreach, inspection, and 
enforcement).
    The scope of the HMPE included those activities covered by 49 CFR 
parts 106 (Rulemaking Procedures) and 107 (Hazardous Materials Program 
Procedures), and the Hazardous Materials Regulations (HMR), 49 CFR 
parts 171-180. International shipments of hazardous materials were also 
included in the scope of the HMPE to permit a review of the 
International Maritime Dangerous Goods Code (IMDG) and the 
International Civil Aviation Organization's Technical Instructions on 
the Transportation of Dangerous Goods by Air (ICAO), both of which are 
authorized by HMR as alternative standards for many of the requirements 
in the HMR for shipments destined for import export.

II. Findings

    There are roughly 300 million hazardous materials shipments in the 
nation each year and the vast majority of these shipments arrive at 
their destinations safely. In 1998, there were 15,322 reported 
hazardous materials incidents, including 429 serious incidents; 13 
deaths; and 198 injuries. Although this is a relatively good safety 
record, given the total amount of shipments and movements, there 
remains the potential for catastrophic incidents in the transportation 
of hazardous materials where multiple fatalities, serious injuries, 
large-scale evacuations, and other costs to society could result.
    Total tons of hazardous materials produced are forecast to grow by 
2 percent per year. Growth in the amount of hazardous materials 
transported by air and intermodally could be 4 times and 3 times 
faster, respectively, than the overall production growth. Therefore, 
the potential risk to the public may also increase unless effective 
safeguards are in place. The Department has responsibility for 
protecting the public

[[Page 19432]]

from the inherent risks associated with transporting hazardous 
materials.
    The HMPE team found that DOT's hazardous materials programs work 
reasonably well but could be improved. The hazardous materials programs 
lack Departmentwide strategic planning and direction necessary to 
ensure effective deployment of resources, and there are insufficient 
reliable data upon which to make informed program decisions. The 
program evaluation's major findings were:
     The Secretarial delegations do not provide for 
Departmentwide coordination or oversight of the five Operating 
Administrations responsible for ensuring hazardous materials safety. To 
address this, DOT needs to establish a focal point to administer and 
deliver a Departmentwide hazardous materials program, aimed at 
intermodal and cross-modal issues, to provide for more effective 
deployment of resources. DOT should also place more emphasis on 
hazardous materials safety in its Strategic and Performance Plan(s) to 
better guide program delivery and measure results.
     Shippers of hazardous materials generally receive less 
attention Departmentwide than carriers, yet they offer the greatest 
opportunity to improve safety. Shippers are a common element across the 
Operating Administrations, perform critical functions early in the 
transportation stream, and can impact safety system-wide. As a result, 
the Department needs to develop Departmentwide strategies and actions 
to focus more on high-risk or problem shippers through targeted 
outreach and inspection activities.
     Human error continues to be the single greatest 
contributing factor in hazardous materials incidents and DOT has not 
been effective in changing this trend. To address this, in part, DOT 
should strengthen its training standards to improve industry safety 
practices and compliance with the HMR to reduce incidents. Also, the 
traveling public is largely unaware of the dangers of the hazardous 
materials they bring into the transportation system and the dangerous 
consequences of unsafe driver actions around vehicles, especially those 
transporting hazardous materials. Accordingly, DOT needs to develop a 
coordinated, national campaign to increase the traveling public's 
awareness of the dangers of hazardous materials and reduce the risk of 
hazardous materials incidents.
     DOT lacks reliable, accurate, and timely data to measure 
program effectiveness and make informed program delivery and resource 
decisions. DOT needs to improve hazardous materials census, incident, 
compliance, and budget data Departmentwide and develop ways to increase 
data availability and usefulness. DOT should also improve its analysis 
of incident data to better understand the root causes of hazardous 
materials incidents and address these through Departmentwide hazardous 
materials actions and broader safety program initiatives.
     In addition, a number of areas were identified requiring 
further analysis or other actions related to: better understanding 
undeclared shipments; the complexity and adequacy of the current 
regulations; safety gaps related to hazardous materials shipments in 
the US mail; enhanced inspection authority; and ways to improve DOT's 
current performance measure.

III. Recommendations

    The HMPE team recommends the hazardous materials program be 
improved by:
     Strengthening strategic planning and coordination by 
establishing an institutional capacity in the Department to administer 
and deliver a coordinated hazardous materials program with the 
authority to establish Departmentwide policy, program objectives, and 
priorities and focus budget and resource strategies. For example, if 
analysis of inspection and incident data revealed that improper 
preparation of closure devices on plastic drums was becoming a problem, 
the recommended institutional capacity would be able to develop 
Departmentwide objectives and strategies to address the issue.
     Enhancing program delivery by identifying and focusing 
more on high-risk or problem shippers, more effectively using all 
available tools at DOT's disposal, and identifying other critical 
points in the transportation stream for program focus. For example, 
problem shippers, such as those with many hazardous materials 
incidents, may be targeted for inspections, while infrequent hazardous 
materials shippers may benefit more from outreach.
     Improving outreach aimed at the traveling public by better 
educating passengers on what materials are hazardous and should not be 
carried aboard, or placed in stowed luggage on, planes, trains, and 
buses. DOT should also take steps to increase public awareness about 
the dangerous consequences of unsafe driver actions around vehicles 
transporting hazardous materials.
     Strengthening the training regulations and tasking the 
institutional capacity to work with RSPA, the other Operating 
Administrations, and industry to identify ways to ensure hazardous 
materials employees are adequately trained to carry out their jobs in a 
safe manner.
     Using strike force inspections to cross-train inspectors 
as well as enforce regulations. Strike force operations concentrate 
inspectors from the Operating Administrations and other Federal, state, 
and local agencies at intermodal locations for a specific time period 
to conduct hazardous materials inspections of more than one mode of 
transportation using that targeted location. In addition to enforcing 
compliance, strike force operations can be used to train inspectors 
from one Operating Administration on the issues, problems, and 
regulatory requirements of other Operating Administrations.
     Enriching the quality of hazardous materials data by 
tasking the Bureau of Transportation Statistics to work with the 
Operating Administrations to determine data needs, collection 
strategies, and analytical techniques.
     Having the new institutional capacity address several 
regulatory and programmatic issues identified by the team during the 
program evaluation, but which were too complex or time consuming for 
this program evaluation.
    Summary findings of the HMPE were published in the combined DOT 
Performance Plan (FY 2001) and Report (FY 1999) dated March 31, 2000, 
in support of the Government Performance and Results Act. An electronic 
copy of the HMPE Executive Summary and the full HMPE report is 
available on the internet at: http://hazmat.dot.gov/hmpe.htm.

    Issued in Washington, DC on April 5, 2000.
Jackie A. Goff,
Co-Chair, Hazardous Materials Program Evaluation Team.
George A. Whitney,
Co-Chair, Hazardous Materials Program Evaluation Team.
[FR Doc. 00-8847 Filed 4-10-00; 8:45 am]
BILLING CODE 4910-60-P