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Air Updates
Last Updated 10/2/08
Notice of Proposed Rulemaking - Enhanced Enforcement Authority
Comments: PHMSA is proposing to issue rules implementing certain inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. The proposed rules would establish procedures for: (1) The inspection and opening of packages to identify undeclared or non-compliant shipments; (2) the temporary detention and inspection of suspicious packages; and (3) the issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard. These new inspection and enforcement procedures will enhance DOT's ability to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment.
Comments must be received by December 1, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-23248.htm
HM-244A Final Rule Corrections
Comments: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes.
Effective date: October 1, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-22743.htm
1. The first entry for Amines, flammable, corrosive, n.o.s. or Polyamines, flammable corrosive, n.o.s. UN2733 is removed.
2. The entry for Amines, liquid, corrosive, flammable n.o.s. or Polyamines, liquid corrosive, flammable n.o.s. UN2734 PG I is reinstated above the second PG II entry in UN2733.
3. The entry for Calcium UN1401 is reinstated.
4. In Caustic alkali liquids, n.o.s. UN1719, ``, 52'' is added to both entries after the number ``29''.
5. The entry for Chromosulfuric acid UN2240 is reinstated.
6. The second entry for Lighters containing flammable gas UN1057 is removed.
7. In the entry for Methylhydrazine UN1244, ``49, 52 and 100'' are added in the last column.
8. The entry for Organometallic substance solid, water reactive UN3395 is reinstated.
The reinstated text reads as follows:
Sec. 172.101 Special provisions.
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
Hazardous ------------------------------------------------------------------------------
materials Hazard Special Packaging Quantity limitations
Symbols descriptions and class or Identification PG Label provisions -----------------------------------------------------------
proper shipping Division Numbers Codes (Sec. 172.102) Passenger Cargo Location Other
names Exceptions Non-bulk Bulk aircraft/ aircraft
rail only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)............. (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *......................................................................................................................................................................................
Amines, liquid, 8 UN2734 I 8,3 A3, A6, N34, None 201 243 0.5L 2.5L A 52
corrosive, T14, TP2, TP27
flammable
n.o.s. or
Polyamines,
liquid
corrosive,
flammable n.o.s.
* * * * *......................................................................................................................................................................................
Calcium......... 4.3 UN1401 II 4.3 IB7, IP2, T3, 151 212 241 15 kg 50kg E 52
TP33
* * * * *......................................................................................................................................................................................
Chromosulfuric 8 UN2240 I 8 A3, A6, A7, B4, None 201 243 0.5L 2.5L B 40, 66,
acid. B6, N34, T10 74, 89,
90
* * * * *......................................................................................................................................................................................
Organometallic 4.3 UN3395 I 4.3 N40, T9, TP7, None 211 242 Forbidden Forbidden E 40, 52
substance, TP33
solid, water-
reactive.
* * * * *......................................................................................................................................................................................
For Complete Info: http://edocket.access.gpo.gov/2008/E8-23119.htm
HM-232F Risk-Based Adjustment of Transportation Security
Comments: PHMSA, in consultation with the Transportation Safety Administration (TSA) of the Department of Homeland Security (DHS), is proposing to modify its current security plan requirements governing the commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the proposed rule would narrow the list of materials subject to security plan requirements and reduce associated regulatory costs and paperwork burden. The proposed rule also would clarify certain requirements related to security planning, training, and documentation and incorporate and build on recent international standards governing hazardous materials security.
Submit comments by November 10, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-20856.htm
HM-224D and HM-215J NPRM Transportation of Batteries
Comments: SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.
The proposals include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is proposing to clarify the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA also is proposing to modify and enhance requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these proposals in conjunction with the Federal Aviation Administration in order to enhance the safe transportation of batteries and battery-powered devices.
Comments must be received by September 29, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-16579.htm
Comments: Sec. 172.101 [Corrected] On page 4715, in Sec. 172.101.--Hazardous Materials Table, in column (8A), in the third entry, ``50'' should read ``150''.
For Complete Info: http://edocket.access.gpo.gov/2008/Z8-1211.htm
HM-208G
Registration Fee Increase
Comments: This rule proposes to amend the statutorily-mandated registration and
fee assessment program for persons who transport, or offer for transportation,
certain categories and quantities of hazardous materials. For those registrants
not qualifying as a small business or not-for-profit organization, we are
proposing to increase the fee from $975 (plus a $25 administrative fee) to
$2,475 (plus a $25 administrative fee) for registration year 2009-2010 and
following years. The proposed fee increase is necessary to fund the national
Hazardous Materials Emergency Preparedness (HMEP) grants program at
approximately $28,000,000 in accordance with the Administration's Fiscal Year
2008 budget. Submit comments by July 14, 2008.
You may submit comments identified by DOT DMS Docket Number PHMSA-2008-0010 by
any of the following methods: Fax: 202-493-2251. Mail: Dockets Management
System; U.S. Department of Transportation, Dockets Operations, M-30,
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE. ,Washington, DC
20590-0001. Hand Delivery: U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
For Complete Info:
http://edocket.access.gpo.gov/2008/E8-9815.htm
HM-243 Final Rule Transporting Fuel Cell Cartridges on Passenger Airplanes
Comments: PHMSA is amending the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying aircraft. Fuel cell cartridges and fuel cell systems are an emerging energy technology developed to provide a more efficient, longer-lasting, and renewable power source for electrically operated equipment. This final rule prescribes regulations for transporting fuel cells containing flammable liquids, including methanol; formic acid; certain borohydride materials; or butane that meet certain performance and consumer use standards. PHMSA is issuing this final rule in cooperation with the Federal Aviation Administration (FAA).
The effective date of these amendments is October 1, 2008. Voluntary compliance is authorized as of May 30, 2008
For Complete Info: http://edocket.access.gpo.gov/2008/E8-9203.htm
HM-218D Final Rule Miscellaneous Amendments
Comments: PHMSA is amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging, or labeling of hazardous materials transported in commerce. Among other provisions, PHMSA is adopting a new proper shipping name and identification number for fuel blends composed of ethanol and gasoline. In addition, PHMSA is updating references to consensus standards, revising and clarifying certain hazard communication requirements, and clarifying transportation requirements applicable to dry ice, detonator assemblies, and explosives. PHMSA is also expanding exceptions from regulation for small quantities of hazardous materials.
The effective date of these amendments is October 1, 2008. Voluntary Compliance: Compliance with the requirements adopted herein is authorized as of January 28, 2008. However, persons voluntarily complying with these regulations should be aware that appeals may be received and as a result of PHMSA's evaluation of these appeals, the amendments adopted in this final rule could be subject to further revision.
FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-1211.htm
HM - 145N Final Rule List of Hazardous Substances and Reportable Quantities
Comments: PHMSA amends the Hazardous Materials Regulations (HMR) by revising the list of hazardous substances and reportable quantities (RQs) and by correcting editorial errors to the list of hazardous substances and RQs. Superfund (i.e., CERCLA) requires PHMSA to list and regulate all hazardous substances designated by the Environmental Protection Agency (EPA). This final rule enables shippers and carriers to identify the affected hazardous substances, comply with all applicable regulatory requirements, and make the required notifications if the release of a hazardous substance occurs.
Effective Date: March 31, 2008.
Voluntary Compliance Date: PHMSA is authorizing voluntary compliance beginning February 29, 2008.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/07-6297.htm
HM-215F Correction to Final Rule
Comments: On May 3, 2007, PHMSA published a final rule to amend the Hazardous Materials Regulations (HMR; Parts 171-180) by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. This rule corrects errors in the final rule.
Effective date: September 28, 2007.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19259.htm
Comments: For minor corrections to this Final Rule please visit the Federal Register at the attached link.
For Complete Info:
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/Z7-19138.htm
HM-224A - Final Rule Minor Editorial Corrections
Comments: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes that do not impose new requirements.
Effective date: October 1, 2007.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19138.htm
HM-224B - Oxygen By Air
Comments: On January 31, 2007, PHMSA published a final rule that amended
requirements in the Hazardous Materials Regulations applicable to the air
transportation of compressed oxygen cylinders and oxygen generators. In response
to appeals submitted by entities affected by the January 31 final rule, this
final rule amends requirements adopted in the January 31, 2007 final rule and
delays the effective
date of these requirements from October 1, 2007 to October 1, 2008.
Effective Date: The effective date of the amendments in the January 31, 2007
final rule (72 FR 4442) is delayed from October 1, 2007 to October 1, 2008. The
effective date of the amendments in this final rule is October 1, 2008.
Voluntary compliance: Voluntary compliance with the requirements in the January
31 final rule was authorized as of March 2, 2007. Voluntary
compliance with the amendments in the January 31 final rule, including those
with a delayed compliance date, is authorized as of October 29,
2007.
For Complete Info:
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19207.htm
PHMSA and the IAEA are solicitating comments
PHMSA and the U.S. Nuclear Regulatory Commission (NRC) are jointly seeking comments on issues or problems concerning requirements in the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to as TS-R-1). The IAEA is considering revisions to the TS-R-1 regulations as part of its review cycle for a 2011 edition.
DATES: Submit comments by September 5, 2007. Comments received after this date will be considered if it is practical to do so; however, we are only able to assure consideration for proposals received on or before this date.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15741.htm
Transportation of Lithium Batteries; Final Rule
For complete info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15213.htm
HM-206F Revision of Requirements for Emergency Response Telephone Numbers
Comments: In this NPRM, PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors. In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA proposes to require that basic identifying information (offeror name or contract number) be included in shipping papers. This information will enable the service provider to identify the shipper on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident.
Comments must be received by August 31, 2007.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-12665.htm
