Ground Updates & Advisories

HM-232F

PHMSA, in consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), is modifying current security plan requirements applicable to 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 quantitie of hazardous materials, the final rule narrows the list of materials subject to security plan requirements and reduces associated regulatory costs and paperwork burden. The final rule also clarifies certain requirements related to security planning, training, and documentation.

DATES: Effective date: This final rule is effective October 1, 2010. Voluntary compliance date: Voluntary compliance with all the amendments in this final rule is authorized as of April 8, 2010.

In this final rule we are revising the list of materials subject to security planning. We made several changes to the list of materials

based on comments and discussions with our federal partners. We consulted with TSA throughout the development of this final rule. Below

we list by Class/Division the Hazardous materials and thresholds subject to security planning under this final rule. The phrase ``large

bulk quantity,'' as used in the following table, refers to a quantity greater than 3,000 kg (6,614 pounds) for solids or 3,000 liters (792

gallons) for liquids and gases in a single packaging such as a cargo tank motor vehicle, portable tank, tank car, or other bulk container.

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                                     PHMSA final rule security  plan

        Class/ division                         revisions

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1.1............................  Any quantity.

1.2............................  Any quantity.

1.3............................  Any quantity.

1.4............................  Placarded quantity.

1.5............................  Placarded quantity.

1.6............................  Placarded quantity.

2.1............................  A large bulk quantity.

2.2............................  A large bulk quantity of materials with an oxidizer subsidiary.

2.3............................  Any quantity.

3..............................  PG I and II in a large bulk quantity; placarded quantity desensitized  explosives.

4.1............................  Placarded quantity desensitized explosives.

4.2............................  PG I and II in a large bulk quantity.

4.3............................  Any quantity.

5.1............................  Division 5.1 materials in PG I and II,  and PG III perchlorates, ammonium  nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions or

                                  suspensions or gels in a large bulk quantity.

5.2............................  Any quantity of Organic peroxide, Type B, liquid or solid, temperature controlled.

6.1............................  Any quantity PIH or a large bulk quantity of a material that is not a PIH.

6.2............................  CDC or USDA list of select agents.

7..............................  IAEA Categories 1 & 2; HRCQ; known  radionuclides in forms listed as RAM-QC by NRC; or a quantity of uranium

                                  hexafluoride requiring placarding under Sec.   172.505(b).

8..............................  PG I in a large bulk quantity.

9..............................  Not subject.

ORM-D..........................  Not subject.

For Complete Info: http://edocket.access.gpo.gov/2010/2010-4778.htm

Safety Advisory 10-01 Composite Cargo Tanks / Special Permits

On December 30, 2009, a glass fiber reinforced plastic composite cargo tank manufactured in accordance with a special permit (DOT-SP 11903) failed catastrophically and released its entire contents onto the highway. PHMSA's investigation of the accident concluded that the failure resulted from the carriage of a material in the cargo tank that was incompatible with the materials used in the manufacture of the cargo tank. The material in question reacted with and degraded the corrosion barrier and the structural glass matrix of the tank leading to catastrophic failure.As demonstrated by the by the December 30, 2009 incident, the shipment of a material that is not compatible with the corrosion barrier and structural glass matrix of a composite cargo tank can lead to a catastrophic failure and potentially cause serious injuries, fatalities, and property and environmental damage. All of the special permits identified above contain the following requirement: http://edocket.access.gpo.gov/2010/2010-4318.htm

HM-231 Final Rule Packaging Requirements

Comments: In this final rule, PHMSA is amending packaging requirements in the Hazardous Materials Regulations to enhance compliance flexibility, improve clarity, and reduce regulatory burdens. Specifically, we are revising several packaging related definitions; adding provisions to allow more flexibility when preparing and transmitting closure instructions, including conditions under which closure instructions may be transmitted electronically; adding a requirement for shippers to retain packaging closure instructions; incorporating new language that will allow for a practicable means of
stenciling the ``UN'' symbol on packagings; and clarifying a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design. This final rule also incorporates requirements for construction, maintenance, and
use of Large Packagings.

Effective Date: October 1, 2010.

For Complete Info: http://edocket.access.gpo.gov/2010/2010-1615.htm

Comments: On January 14, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the Hazardous Materials Regulations (HMR) 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. The revisions were necessary to harmonize the HMR with recent changes to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, Transport Canada's transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also included amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. This final rule corrects several errors in the January 14, 2009 final rule.

Effective date: The effective date of these amendments is January 4, 2010. Applicability date: These amendments are applicable beginning January 1, 2010.

Comments: In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.

HM-244B 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. 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 and do not impose new requirements.
Effective date: October 16, 2009.

For Complete Info: http://edocket.access.gpo.gov/2009/E9-24807.htm

Federal Railroad Administration - Safety Advisory 2009-02

Comments: FRA is issuing Safety Advisory 2009-02 to ensure that tank cars with defective or inoperable bottom outlet valves are not loaded with hazardous materials and offered for transportation, or in the event that a bottom outlet valve becomes inoperable en route, adequate unloading procedures are followed to prevent any unintended release of the car's contents. This safety advisory recommends specific loading and unloading procedures for hazardous materials tank cars equipped with bottom outlet valves, as well as the inspection, and as necessary,
the repair of these valves.

For Complete Info: http://edocket.access.gpo.gov/2009/E9-24927.htm

Item	Topic	Date Posted
HM-232F	HM-232F	3/9/10
	Safety Advisory 10-01 Composite Cargo Tanks / Special Permits	3/3/10
HM-231	HM-231 Final Rule Packaging Requirements	2/2/10
HM-224D & HM-215J	HM-224D and HM-215J Corrections	1/4/10
	PHMSA is adjusting the maximum and minimum civil penalties effective December 31, 2009	1/4/10
HM-206F	HM-206F Emergency Response Telephone Contract Number	10/19/09
HM-244B	HM-244B Minor Editorial Corrections	10/16/09
	Federal Railroad Administration - Safety Advisory 2009-02	10/16/09