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Ground
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
49CFR Part 172 Corrections
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
TSA-2006-24191 Final Rule TWIC and Hazmat Endorsement
Comments: The Department of Homeland Security (DHS), through the United States Coast Guard (Coast Guard) and the Transportation Security Administration (TSA), issues this final rule to realign the compliance date set forth in the Transportation Worker Identification Credential (TWIC) final rule. Under the new final compliance date mariners must obtain a TWIC no later than April 15, 2009. This final rule also extends to April 15, 2009, the final date by which owners and operators of vessels, facilities, and outer continental shelf facilities, who have not otherwise been required to implement access control procedures utilizing TWIC on an earlier date, must implement those procedures.
This final rule is effective May 7, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-10232.htm
Safety Advisory - Ethanol and Gasoline
The Pipeline and
Hazardous materials Safety Administration (PHMSA) is alerting shippers and
carriers of the proper shipping names and identification numbers (ID) for fuel
blends composed of ethanol and gasoline, as published in Title 49, Code of
Federal Regulations, Parts 171-180 (HMR).
The following chart is provided as guidance in identifying proper shipping names and identification numbers for Ethanol, Gasoline, and gasoline/ethanol fuel blends. Voluntary compliance began January 28, 2008.
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
PHMSA-RSPA-2004-18730 Enhancing Rail Safety
Comments: In this interim final rule, we are requiring rail carriers to compile annual data on certain shipments of explosive, toxic by inhalation, and radioactive materials, use the data to analyze safety and security risks along rail routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are also clarifying rail carriers' responsibility to address in their security plans issues related to en route storage and delays in transit. In addition, we are adopting a new requirement for rail carriers to inspect placarded hazardous materials rail cars for signs of tampering or suspicious items, including improvised explosive devices.
This interim final rule is effective June 1, 2008.
Voluntary Compliance Date: Voluntary compliance is authorized as of May 16, 2008.
Comments must be received by May 16, 2008.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-8185.htm
NPRM Improving Railroad Tank Car Safety
Comments: The Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration are proposing revisions to the Federal Hazardous Materials Regulations to improve the crashworthiness protection of railroad tank cars designed to transport poison inhalation hazard materials. Specifically, we are proposing enhanced tank car performance standards for head and shell impacts; operational restrictions for trains hauling tank cars containing PIH materials; interim operational restrictions for trains hauling tank cars not meeting the enhanced performance standards; and an allowance to increase the gross weight of tank cars that meet the enhanced tank-head and shell puncture-resistance systems.
Submit comments by June 2, 2008. To the extent possible, late-filed comments will be considered as we develop a final rule.
For Complete Info: http://edocket.access.gpo.gov/2008/E8-6563.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
Notice No. 07-9 Proposed Recommended Practices for Bulk Loading and Unloading
Comments: This notice solicits information and comments on proposed recommended practices for loading and unloading operations involving bulk packagings used to transport hazardous materials. In this notice, we summarize incident data related to bulk loading and unloading operations; discuss recommendations issued by the National Transportation Safety Board and the Chemical and Safety Hazard Investigation Board; provide an overview of current Federal regulations applicable to bulk loading and unloading operations; summarize the results of a public workshop we hosted earlier this year; and set forth proposed recommended practices for bulk loading and unloading operations. Based on information and comments received, we plan to consider strategies for enhancing the safety of bulk loading and unloading operations, including whether additional regulatory requirements may be necessary. In addition, we are soliciting comments on whether there are existing gaps and/or overlaps in regulations promulgated by PHMSA, OSHA, EPA and the USCG that adversely affect the safety of these operations, and how any identified gaps and/or overlaps in Federal regulations should be addressed.
Submit comments by February 8, 2008.
For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/07-6300.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
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
