CRT's Hazardous Wastes in Maine

Comments: Federal hazardous material transportation law does not preempt MDEP's regulations on classification of used CRTs as ``universal waste'' and broken CRTs and CRT glass as a State ``hazardous waste'' and the marking, labeling, shipping documentation, and transporter requirements, because these requirements do not apply or pertain to materials regulated under Federal hazardous materials transportation
law and the HMR or otherwise constitute an obstacle to accomplishing and carrying out Federal hazardous materials transportation law and the regulations issued under that law.

For Complete Info: http://edocket.access.gpo.gov/2009/E9-21768.htm

Lithium Batteries UN3480 & 3481 Now Authorized

Comments: PHMSA is authorizing persons who offer lithium metal and lithium ion cells and batteries for transportation in commerce, and persons who transport lithium metal and lithium ion cells and batteries in commerce, to describe those articles in the same manner as recently adopted in international regulations. PHMSA will consider adopting these alternate shipping descriptions into the Hazardous Materials Regulations at a future date.

Effective Date: This notice of approval is effective August 25, 2009.

For Complete Info: http://edocket.access.gpo.gov/2009/E9-20343.htm

HM-218E Cargo Tank & Cylinder Issues

Comments: PHMSA is amending the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant amendment adopted in this final rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers.

This final rule is effective May 11, 2009.

Voluntary Compliance Date: Voluntary compliance with all these amendments, including those with delayed mandatory compliance, is authorized as of April 9, 2009. 

For Complete Info: http://edocket.access.gpo.gov/2009/E9-8021.htm

Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International  Maritime Dangerous Goods Code, and International Civil Aviation  Organization's Technical Instructions

Comments: This final rule revises 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, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also 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 clarifying 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 is also modifying and enhancing 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 revisions in conjunction with the Federal Aviation Administration to enhance the safe transportation of batteries and battery-powered devices.

Effective date: February 13, 2009.

Voluntary Compliance Date: PHMSA is authorizing voluntary compliance beginning January 1, 2009.

Delayed Compliance Date: Except as specified in Sec. Sec.  171.14, 171.25, 172.102, 172.448, and 178.703 as amended herein, compliance with the amendments adopted in this final rule is required beginning January 1, 2010.

Incorporation by Reference Date: The incorporation by reference of the publications adopted in Sec.  171.7 of this final rule has been approved by the Director of the Federal Register as of February 13, 2009.

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or Charles Betts, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC 20590-0001.

For Complete Info: http://edocket.access.gpo.gov/2009/E8-31383.htm

Improving the Safety of Railroad Tank Car

Comments: The Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to prescribe enhanced safety measures for rail transportation of poison inhalation hazard (PIH) materials, including interim design standards for railroad tank cars. Pending validation and implementation of the crashworthiness performance standard proposed in the NPRM issued under this docket on April 1, 2008, the rule mandates commodity-specific improvements in safety features and design standards for newly manufactured DOT specification tank cars. The rule also adopts a 50 mph speed restriction for loaded rail tank cars transporting PIH materials; an improved top fittings performance standard; an allowance to increase the gross weight of tank cars that meet the enhanced standards; and adoption of the industry standard for normalized steel in certain tank cars. The interim standards established in this rule will enhance the accident survivability of PIH tank cars when compared to existing regulations while providing tank car owners continued flexibility in car selection. Adoption of this interim standard will ensure the ongoing availability of tank cars while PHMSA and FRA complete research and testing on advanced tank car design to validate and implement a more stringent performance standard.

Effective Date: March 16, 2009. The incorporation by reference of the publication listed in the rule is approved by the Director of the Federal Register as of March 16, 2009.

The incorporation by reference of the publications adopted in Sec.  171.7 of this final rule has been approved by the Director of the Federal Register as of March 16, 2009.

FOR FURTHER INFORMATION CONTACT: William Schoonover, (202) 493-6229, Office of Safety Assurance and Compliance, Federal Railroad Administration; Lucinda Henriksen, (202) 493-1345, Office of Chief Counsel, Federal Railroad Administration; or Michael Stevens, (202) 366-8553, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration.

HM 232E  Final Rule Rail Safety & Security

Comments: The Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration (FRA) and the Transportation Security Administration (TSA), is improving safety by revising the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials by rail. 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 the presence of suspicious items, including improvised explosive devices. We adopted these requirements in an interim final rule published April 16, 2008. This final rule fulfills requirements in Section 1551 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Also, in today's edition of the Federal Register, both FRA and TSA are publishing final rules adopting requirements and procedures that promote rail transportation Security.---------------------------------------------------------------------------

    \1\ This rulemaking was formerly designated as HM-232E; however, with the transition to a new government-wide regulations portal, docket number nomenclature has since changed. Some references to the old docket number are still present in this document.

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

DATES: This final rule is effective December 26, 2008.

FOR FURTHER INFORMATION CONTACT: William Schoonover, (202) 493-6229, Office of Safety Assurance and Compliance, Federal Railroad Administration; or Susan Gorsky or Ben Supko, (202) 366-8553, Office of Hazardous Materials Standards, Pipeline and azardous Materials Safety Administration.

For Complete Info: http://edocket.access.gpo.gov/2008/E8-27826.htm

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

Comments: In title 49 of the Code of Federal Regulations, part 172, revised as of October 1, 2007, beginning on page 132, in Sec.  172.101 the following corrections are made to the Hazardous Materials Table:

    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

HM-218D Minor Correction

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. 

http://hazmat.dot.gov/HMpubsreview/docs/SNethanol.pdf

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://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://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://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://edocket.access.gpo.gov/2007/E7-19259.htm

Minor Updates HM-244

Comments: For minor corrections to this Final Rule please visit the Federal Register at the attached link.

For Complete Info: http://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://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://edocket.access.gpo.gov/2007/E7-15741.htm

Transportation of Lithium Batteries; Final Rule

For complete info: http://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://edocket.access.gpo.gov/2007/E7-12665.htm

Safety advisory notice--Removal from service.

Comments: Recently, five (5) 33-pound propane cylinders authorized under DOT Special Permit (DOT-SP 13957) ruptured during storage at a facility in Miami, Florida. The purpose of this notice is to alert owners and users of certain cylinders manufactured under this special permit to potential safety problems and to advise them to remove the cylinders from service as outlined in this notice. Also, PHMSA requests information on any other failures or leakage of lading, involving all cylinders made under DOT-SP 13957, which include 10-pound, 20-pound, and 33-pound cylinders, that may not have been previously reported to the agency.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10081.htm

Public Workshop on Loading & Unloading

Comments: As part of PHMSA's efforts to review bulk loading and unloading of hazardous materials and to develop risk reduction strategies, the agency invites interested persons to participate in a public workshop that will examine industry data, identify industry best practices and standards, discuss the role of recommended practices for loading and unloading, and consider industry actions that have the potential to reduce risk during loading and unloading. PHMSA seeks the broadest participation of industry, federal agencies, state and local government, standards organizations, the emergency response community, employee groups, environmental and public interest organizations, and the public. PHMSA seeks individuals and organizations willing to speak at the public workshop. Interested persons are invited to submit papers on related topics.

Public meeting: June 14, 2007, starting at 9 a.m.

The meeting will be held at Lowe's L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024. For information on the facilities or to request special accommodations at the meeting, please contact Mr. Rick Boyle by telephone or e-mail as soon as possible.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-9066.htm

HM-215F Final Rule - Revision and Reformatting

Comments: PHMSA is amending the Hazardous Materials Regulations to revise and consolidate 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, Transport Canada's Transportation of Dangerous Goods Regulations, and the International Atomic Energy Agency's Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. The revisions and reformatting provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations. In addition, PHMSA is authorizing the use in domestic transportation of portable tanks, cargo tank motor vehicles, and rail tank cars manufactured in accordance with Transport Canada's Transportation of Dangerous Goods Regulations. The amendments adopted in this final rule maintain the high transportation safety standard established under the Hazardous Materials Regulations.

Effective date: October 1, 2007.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-1959.htm

HM-208F - Final Rule Registration & Fees

Comments: PHMSA is amending the statutorily mandated registration and fee assessment program for persons who transport or offer for transportation certain categories and quantities of hazardous materials. In this final rule, we are eliminating the 24- hour, seven-days-per-week telephonic expedited registration option because it is no longer necessary now that there is an internet option.

In addition, we are adopting an explicit exception from registration requirements for Indian Tribes. We are not increasing registration fees in this final rule.

This final rule is effective June 30, 2007.

 For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-8394.htm

HM-218E NPRM Cargo Tank Vehicles and Compressed Cylinders

Comments: PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The proposed revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. 

Comments must be received by June 11, 2007.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6942.htm

Railroad - Revisions to Civil and Criminal Penalties; Penalty Guidelines

Comments: In this final rule, the Federal Railroad Administration is revising its regulations to reflect revisions to the penalty provisions in the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. We are also revising baseline assessments for several categories of violations, including those related to training and security plans, in our Civil Penalty Assessment Guidelines. We publish our Guidelines in order to provide the regulated community and the general public with information on the hazardous materials civil penalty assessment process for violations related to the transportation of hazardous materials by rail.
This final rule is effective December 26, 2006.

For Complete Info:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-21850.htm

Safety advisory notice Unauthorized Marking of Cylinders 06-06

Comments: This is to notify the public that we (PHMSA) have discovered the unauthorized marking of high-pressure compressed gas cylinders, mainly cylinders containing welding gases, fire extinguishers, and self-contained breathing apparatus, by Consulting and Safety Specialists, Inc. (CSSI), located at 924 Lefort Bypass, Thibodaux, LA 70301.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-21994.htm

HM-215I Final Rule Harmonization With International Regulations

Comments: This final rule revises 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 will harmonize the Hazardous Materials Regulations with certain 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.

Effective date: January 1, 2007.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-9849.htm

HM-223E Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments

Comments: SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA), in consultation with the Federal Railroad Administration (FRA) and the Transportation Security Administration (TSA), is proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we are proposing to require rail carriers to compile annual data on specified shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are also proposing clarifications of the current security plan requirements to address en route storage, delays in transit, delivery notification, and additional security inspection requirements for hazardous materials shipments. In today's edition of the Federal Register, TSA is publishing an NPRM proposing additional security requirements for rail transportation.
Submit comments by February 20, 2007. To the extent possible, we will consider late-filed comments as we develop a final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-21518.htm

Packaging Requirements Compressed Gasses - Correction

Comments: In Title 49 of the Code of Federal Regulations, parts 100 to 185, revised as of October 1, 2005, on page 584, Sec. 173.302a is corrected by reinstating the second sentence of paragraph (d) to read as follows:
Sec. 173.302a Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders.

* * * * *(d) * * * The maximum filling density of the diborane may not exceed 7 percent.* * *
* * * * *

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-55531.htm

Minor Correction to 49 CFR - Petition For Rulemaking

Comments: In Title 49 of the Code of Federal Regulations, parts 100 to 185, revised as of October 1, 2005, on page 17, part 106 is corrected by reinstating Sec. 106.100 to read as follows:

Sec. 106.100 Required information for a petition for rulemaking.
(a) You must include the following information in your petition for rulemaking:
(1) A summary of your proposed action and an explanation of its purpose.
(2) The language you propose for a new or amended rule, or the language you would delete from a current rule.
(3) An explanation of your interest in your proposed action and the interest of anyone you may represent.
(4) Information and arguments that support your proposed action, including relevant technical and scientific data available to you.
(5) Any specific cases that support or demonstrate the need for your proposed action.
(b) If the impact of your proposed action is substantial, and data or other information about that impact are available to you, we may ask that you provide information about the following:
(1) The costs and benefits of your proposed action to society in general, and identifiable groups within society in particular.
(2) The direct effects, including preemption effects under section 5125 of Federal hazardous materials transportation law, of your proposed action on States, on the relationship between the Federal government and the States, and on the distribution of power and responsibilities among the various levels of government. (See 49 CFR part 107, subpart C, regarding preemption.)
(3) The regulatory burden of your proposed action on small businesses, small organizations, small governmental jurisdictions, and Indian tribes.
(4) The recordkeeping and reporting burdens of your proposed action and whom they would affect.
(5) The effect of your proposed action on the quality of the natural and social environments.


For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-55528.htm

HM-218D - NPRM Miscellaneous Amendments 

Comments: PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations based on petitions for rulemaking and PHMSA initiatives. These proposed amendments are intended to update, clarify or provide relief from certain regulatory requirements. Among other provisions, PHMSA is proposing a new proper shipping name and UN identification number for fuel mixtures composed of ethanol and gasoline to help emergency response personnel respond appropriately to incidents involving such fuel mixtures. In addition, PHMSA proposes to update certain incorporations by reference, revise and clarify certain hazard communication requirements, and clarify transportation requirements applicable to dry ice, detonator assemblies and explosives. PHMSA also proposes to provide expanded exceptions from regulation for household hazardous wastes and small amounts of materials used in pharmaceutical research. 

Comments must be received by November 24, 2006. 

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-7913.htm

HM-189Z - Final Rule Correction 

Comments: PHMSA is correcting a minor error in a final rule, published in the Federal Register on September 14, 2006. That final rule corrected editorial errors, made minor regulatory changes and, in response to requests for clarification, improved the clarity of certain provisions in the Hazardous Materials Regulations (HMR).

Effective date: October 1, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-7793.htm

HM-189Z - Minor Editorial Corrections and Clarifications

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 minor changes and do not impose new requirements.

Effective date: October 1, 2006. 

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-15282.htm

HM-231 NPRM Packaging Amendments

Comments: In this NPRM, PHMSA is proposing to make miscellaneous amendments to the Hazardous Materials Regulations (HMR) based on changes to packaging requirements in the United Nations Recommendations on the Transport of Dangerous Goods, petitions for rulemaking received in accordance with requirements specified in 49 CFR, 106.95, and PHMSA initiative. These proposed amendments are intended to clarify certain regulatory requirements specific to bulk and non-bulk packaging. The amendments proposed in this NPRM also include incorporation of requirements for construction, maintenance and use of Large Packagings, clarification of specification marking requirements, and revisions to packaging definitions.

Comments must be received by November 30, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-7360.htm

HM-215I Harmonization with International Regulations

Comments: PHMSA is proposing 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.

Comments must be received by October 16, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-7200.htm

HM-208F PHMSA Proposes to Increase Registration Fees

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 to $1,975 (plus a $25 administrative fee) for registration year 2007-2008 and increase the fee to $2,975 (plus a $25 administrative fee) for registration year 2008-2009 and following years. The 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 2007 budget proposal to Congress. PHMSA is also proposing to eliminate the expedited telephonic registration option. The number of telephonic registrations has steadily decreased with the addition of the internet registration option, therefore, we believe that this registration option is no longer necessary.

Submit comments by October 16, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-13312.htm

HM-240 Final Rule Correction 

Comments: On December 9, 2005, PHMSA published a final rule to revise terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments included revising the definitions of ``hazmat employee'' and ``hazmat employer''; modifying shipping paper retention requirements; providing a security plan exception for farmers; and replacing the term ``Exemption'' with ``Special permit.'' This final rule corrects an error in the final rule. This correction also addresses the amendments applicable to shipping paper retention requirements, the definition of ``hazmat employer,'' and the transition from ``Exemption'' to ``Special permit.'' 

Effective date: August 8, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-12804.htm

HM-220E Final Rule Requirements for UN Cylinders

Comments: In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR) to adopt standards for the design, construction, maintenance and use of cylinders and multiple-element gas containers based on the standards contained in the United Nations Recommendations on the Transport of Dangerous Goods. Aligning the HMR with the international standards promotes greater flexibility, permits the use of advanced technology for the manufacture of pressure receptacles, provides for a broader selection of pressure receptacles, reduces the need for special permits, and facilitates international commerce in the transportation of compressed gases without sacrificing the current level of safety and without imposing undue burdens on the regulated community.

Effective Date: This final rule is effective on September 11, 2006. Voluntary Compliance Date: Compliance with the requirements adopted herein is authorized as of June 12, 2006. 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.

The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of September 11, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-5182.htm

HM-213B - Withdrawal of notice of proposed rulemaking.

Comments: PHMSA is closing this rulemaking proceeding, having considered and declined to adopt proposals for further regulating the transportation of flammable liquids in the product piping on cargo tank motor vehicles. On the basis of public comments and additional data and analysis, PHMSA has concluded that further regulation would not produce the level of benefits we originally expected and that the quantifiable benefits of proposed regulatory approaches would not justify the corresponding costs. Although PHMSA is withdrawing its rulemaking proposal, the agency will develop and implement an outreach program to educate the industry, first responder community, and the public about potential risks associated with unprotected product pipelines on these vehicles and will continue to collect data and other information in order to address the issue further if warranted.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-8782.htm

HM-226A - Infectious Substances - Category A or B

Comments: PHMSA is revising the transportation requirements for infectious substances, including regulated medical waste, to adopt new classification criteria, new exceptions, and packaging and hazard communication requirements consistent with revised international standards and to clarify existing requirements to promote compliance. These revisions will ensure an acceptable level of safety for the transportation of infectious substances and facilitate domestic and international transportation.

This final rule is effective October 1, 2006.

Voluntary Compliance Date: Voluntary compliance is authorized 30 days following publication of this final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-4992.htm

Safety Advisory: Manufacture, Marking, and Sale of Untested Gas Cylinders

Comments: PHMSA was recently notified of the manufacture, marking, and sale of certain high pressure DOT exemption cylinders that were not tested in accordance with applicable regulatory requirements. These cylinders were manufactured and/or distributed by Luxfer, Inc. (Luxfer), Riverside, CA. Luxfer and its independent inspection agency, Arrowhead Industrial Services, Inc. (Arrowhead), reported to PHMSA that 6,325 high pressure cylinders manufactured to the DOT CFFC and FRP-1 standards as authorized in DOT-E 10915, DOT-E 9634, and DOT-E 9894, had been shipped from Luxfer without undergoing the required autofrettage and hydrostatic tests. In a joint effort, Luxfer and Arrowhead have retrieved 2,581 of the untested cylinders. The model numbers and serial numbers of the remaining 3,744 cylinders are listed in this notice.

Only cylinders with the listed serial numbers listed are affected. A person with a listed cylinder should discontinue use of the cylinder and return it to Arrowhead at the address below so the autofrettage and hydrostatic test can be completed before its next use. Shippers and compressed gas filling facilities are advised that these cylinders do not meet the requirements of the Hazardous Materials Regulations and may not be offered for transportation or transported until the required testing is completed.

FOR FURTHER INFORMATION CONTACT: Wayne E. Chaney, Cylinder Program Manager, Office of Hazardous Materials Enforcement, (202) 366-4700, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Room 7104, Washington, DC 20590-0001.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-6535.htm

HM-237 Final rule; Response to Appeals; Correction Lighters & Lighter Refills

Comments: On January 23, 2006, PHMSA published a final rule entitled ``Requirements for Lighters and Lighter Refills'' that amended requirements in the Hazardous Materials Regulations pertaining to the examination, testing, certification, and transportation of lighters and lighter refills. In response to appeals submitted by persons affected by the final rule, this final rule amends requirements applicable to the transportation of lighter refills and allows for immediate voluntary compliance with certain provisions.

The effective date of this final rule is January 1, 2007. Voluntary compliance: Except for paragraphs (a), (b)(1), (b)(3),(b)(4), and (d) in Sec. 173.308, voluntary compliance with the final rule amending 49 CFR parts 171, 172, and 173 published at 71 FR 3418 on January 23, 2006, and with this final rule is authorized as of April 25, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-3834.htm

Final Rule PHMSA-05-22461- Revisions to Civil and Criminal Penalties

Comments: The Pipeline and Hazardous Materials Safety Administration is revising its regulations to reflect revisions to the civil and criminal penalties in the Hazardous Materials Safety and Security Reauthorization Act (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. We are also revising baseline assessments for violations related to training and security plans and making editorial changes in our List of Frequently Cited Violations in our Guidelines for Civil Penalties. We publish our Guidelines for Civil Penalties in order to provide the regulated community and the general public with information on the hazardous material penalty assessment process.
This rule is effective February 17, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1491.htm

HM-215F NPRM Reformatting Authorization International Transport Standards and Regulations

Comments: In this notice of proposed rulemaking, the Pipeline and Hazardous Materials Safety Administration proposes to amend the Hazardous Materials Regulations 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. The revisions and reformatting provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations, thereby ensuring that an acceptable level of safety is maintained while facilitating the transportation of hazardous materials.

Comments must be received by March 28, 2006. To the extent possible, we will consider late filed comments as we develop the final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-516.htm

Final Rule HM-237 Requirements for Lighters and Lighter

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-464.htm

Comments: This final rule amends requirements in the Hazardous Materials Regulations (HMR) pertaining to the examination, testing, certification, and transportation of lighters and lighter refills. This action will clarify regulatory requirements and, where appropriate, decrease the regulatory burden, while continuing to provide for the safe transportation of lighters and lighter refills in commerce.

The effective date of these amendments is January 1, 2007.

49 CFR Correction

Comments: Sec. 173.315 is corrected by adding paragraph (i)(8) to read as follows:

Sec. 173.315 Compressed gases in cargo tanks and portable tanks.

(8) Each pressure relief valve outlet must be provided with a protective device to prevent the entrance and accumulation of dirt and water. This device must not impede flow through the valve. Pressure relief devices must be designed to prevent the entry of foreign matter, the leakage of liquid and the development of any dangerous excess pressure.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-55517.htm

HM-240 Mandated Revisions To 49 CFR

Comments: This final rule revises terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments include revising the definitions of ``hazmat employee'' and ``hazmat employer;'' revision of shipping paper retention requirements; providing a security plan exception for farmers; adding conditional applicability of postal laws and regulations; and replacement of ``Exemption'' with ``Special permit.''

Effective date: January 9, 2006.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-23754.htm

ANPRM HM-238 Storage of Explosives And Other High-Hazard Materials
 
Comments: PHMSA is considering requirements to address the current safety and security risks associated with the storage of explosives during transportation. In this notice, PHMSA is soliciting comments concerning measures to reduce the risks posed by the storage of explosives while they are in transportation and whether regulatory action is warranted. We also invite comments as to whether enhanced requirements for storage incidental to movement should apply to other hazardous materials (e.g., materials toxic by inhalation).

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-22751.htm

Federal Railroad Administration Safety Advisory Notice 2005-04

Comments: FRA is issuing Safety Advisory 2005-04 advising shippers, consignees, and railroads of the dangers of allowing cars of ``time-sensitive'' chemicals to remain undelivered beyond their anticipated date of placement and to recommend enhanced procedures to avoid such occurrences. This action is being taken to improve the safety and reliability of hazardous materials shipments by railroad. FOR FURTHER INFORMATION CONTACT: Thomas A. Phemister, Railroad Safety
Specialist (Hazardous Materials), Hazardous Materials Division, Office of Safety Assurance and Compliance, Federal Railroad Administration, U.S. Department of Transportation, 1120 Vermont Avenue, NW., Washington, DC 20590-0001 (telephone: (202) 493-6050; e-mail: tom.phemister@fra.dot.gov).

Background: At 6:40 p.m. EDT on August 28, 2005, in Cincinnati, OH, fire department personnel responded to a report of smoke coming from a tank car in a railroad yard (Linwood Yard \1\) operated by the Indiana and Ohio Railway Company (IORY). As shipped, tank car PLCX 224841 contained 23,543.97 gallons of styrene monomer, stabilized (170,966.7 pounds at the loading temperature of 60[deg] F.). Styrene monomer, stabilized, is a class 3 (flammable liquid) material. As a result of the release residents were evacuated within a 1 mile radius, later reduced to a \1/2\ mile radius and, by the end of the fourth day, the exclusion zone was reduced further to the immediate area around the car. The Environmental Protection Agency's Pollution Report indicates that, initially, 800 people were evacuated. In addition, four schools closed, and the Ohio River was closed to traffic for a short time. The incident lasted approximately 5 days.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-20097.htm

49 CFR Minor Editorial Corrections & Clarifications - HM-189Y

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). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the
creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.

Effective date: September 28, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-18983.htm

Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders - Notice No. 04

Comments: Through its inspection, PHMSA has determined that All-Out Fire Equipment Co., Inc. marked and certified an undetermined number of cylinders as having been properly tested in accordance with the HMR, without actually retesting the cylinders.

During the inspection, All-Out Fire Equipment Co., Inc. was unable to calibrate its test equipment. In addition, All-Out Fire Equipment Co., Inc. failed to keep complete records of its retest and re-inspections; thus, it is impossible to determine the number of cylinders that All-Out Fire Equipment Co., Inc. has improperly re-certified. These cylinders pose a potential safety risk to the public. Anyone who has a cylinder that has been serviced by All-Out Fire Equipment Co., Inc. and that is marked with RIN number A261 should consider the cylinder unsafe and not fill it with a hazardous material unless the cylinder is first properly retested by a DOT-authorized retest facility. Filled cylinders (if filled with an atmospheric gas) described in this safety advisory should be vented or otherwise safely discharged and then taken to a DOT-authorized cylinder retest facility for proper retest to determine compliance with the HMR and their suitability for continuing service. Under no circumstance should a cylinder described in this safety advisory be filled, refilled, or used for its intended purpose until it is re-inspected and retested by a DOT-authorized retest facility.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-18275.htm

Safety Advisory Notice 05-06 Gas Cylinders

Comments: This is to notify the public that PHMSA and the Office of the Inspector General (OIG) are investigating the manufacture, marking, and
sale of high pressure DOT exemption cylinders made and/or distributed by Global Composites International, Inc. (GCI), Ontario, CA. PHMSA and
the OIG have evidence that suggests GCI manufactured, marked, certified, and sold an undetermined number of high-pressure DOT exemption carbon fiber filament cylinders when the cylinders had not been manufactured in accordance with the Hazardous Materials Regulations (HMR), DOT-E 12695, and the design qualification standards incorporated into the exemption. The evidence suggests that some of these cylinders were not wrapped with a sufficient number of carbon
fiber layers to insure their structural integrity. In addition, the evidence suggests that many of these cylinders did not undergo the complete series of safety tests and inspections required by the HMR and may not possess the structural integrity to safely contain its contents under pressure during normal transportation and use. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.

FOR FURTHER INFORMATION CONTACT: Raymond L. LaMagdelaine, Chief Special Investigations, Office of Hazardous Materials Enforcement, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 7th Street SW., Room 7104, Washington DC, 20590. Telephone: (202) 366-4700.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-16022.htm

PHMSA Difines "Persons Who Offer Hazardous Materials" HM-223A

Comments: PHMSA is amending the Hazardous Materials Regulations to add a definition for ``person who offers or offeror.'' The definition adopted in this final rule codifies long-standing interpretations and administrative determinations on the applicability of those regulations.

DATES: This final rule is effective October 1, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-14912.htm

PHMSA Notice & Request for Comments about Gas Cylinder Testing

Comments: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comments. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on April 14, 2005 [70 FR 19837] Comments must be submitted on or before July 28, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-12727.htm

PHMSA Extends Comment Period For Gas Cylinders - HM220E

Comments: PHMSA is extending until September 6, 2005, the period for interested persons to submit comments on the March 9, 2005 notice of proposed rulemaking. In the March 9, 2005 NPRM, we proposed to amend the Hazardous Materials Regulations to adopt standards for the design, construction, maintenance and use of cylinders and multiple-element gas containers (MEGCs) based on the standards contained in the United Nations (UN) Recommendations on the Transport of Dangerous Goods. Aligning the HMR with the UN Recommendations will promote flexibility, permit the use of technological advances for the manufacture of pressure receptacles, provide for a broader selection of pressure receptacles, reduce the need for exemptions, and facilitate international commerce in the transportation of compressed gases.DATES: Submit comments by September 6, 2005. To the extent possible, we will consider comments received after this date in developing a final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-12459.htm

Hazardous Materials; Miscellaneous Amendments - HM218C

Comments: This final rule amends the Hazardous Materials Regulations by incorporating miscellaneous changes based on petitions for rulemaking and PHMSA initiatives. The intended effect of these regulatory changes is to update, clarify or provide relief from certain regulatory requirements.

DATES: Effective Date: The effective date of these amendments is August 12, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-11647.htm

Harmonization With International Regs - Corrections To HM-215G

Comments: On December 20, 2004, the Research and Special Programs Administration (RSPA)--the predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA)--published a final rule under Docket Number RSPA-04-17036 (HM-215G) 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. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the
International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary
to facilitate the transport of hazardous materials in international commerce. This final rule corrects errors in the December 20, 2004 final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-11648.htm

PHMSA Seeks Public Comment On Lithium Batteries

Comments: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is publishing this initial regulatory flexibility analysis to aid the public in commenting upon the potential small business impacts of the proposals in our April 2, 2002 notice of proposed rulemaking to amend the requirements in the Hazardous Materials Regulations (HMR) on:
(1) Exceptions for ``small'' and for ``mid-size'' batteries (i.e., cells up to 5 grams of lithium content and batteries up to 25 grams of lithium content); and (2) exceptions for aircraft passengers and crew. These changes are being proposed in order to clarify requirements to promote safer transportation practices; promote compliance and enforcement; eliminate unnecessary regulatory requirements; facilitate international commerce; and make these requirements easier to understand. We will consider comments received to improve our regulatory flexibility analysis and in making our decision on a final rule.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-11765.htm

PHMSA Announces Public Meeting In Preparation for 27th Session of UN Meeting

Comments: This notice is to advise interested persons that PHMSA will conduct public meetings in preparation for and to report the results of the 27th session of the United Nation's Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) to be held July 4-8, 2005 in Geneva, Switzerland.

DATES: June 22, 2005, 9:30 a.m.-12:30 p.m., Room 4438-4440, July 20, 2005, 9:30 a.m.-12:30 p.m., Room 6200-6204.

ADDRESSES: Both meetings will be held at DOT Headquarters, Nassif Building, 400 Seventh Street SW., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Richard, Director, Office of International Standards, or Mr. Duane Pfund, Senior International Transportation Specialist, Office of Hazardous Materials, Safety,
Department of Transportation, Washington, DC 20590; (202) 366-0656.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-10192.htm

FMCSA proposes a revised registration system - FMCSA-97-2349

Comments: The Unified Registration System would apply to every motor carrier, freight forwarder and broker required to register with DOT under 49 CFR 390.19
or 49 U.S.C. 13901, except Mexico-domiciled motor carriers registering to operate between Mexico and points in the United States beyond border commercial zones along the U.S.-Mexico international border. The entities covered by this system would be required to register with FMCSA and periodically update registration information provided on a newly proposed registration form. This proposal applies to entities that are already subject to FMCSA Commercial Regulations, the Federal Motor Carrier Safety Regulations (FMCSRs), or the Hazardous Material Regulations (HMRs).

Fore Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-9692.htm

PHMSA Proposes To Amend Regulations On Infectious Substances - HM226A

Comments: PHMSA is proposing to revise the transportation requirements for infectious substances, including regulated medical waste, to adopt new classification criteria and packaging requirements consistent with revised international standards and to clarify existing requirements to promote compliance. These proposed revisions will ensure an acceptable level of safety for the transportation of infectious substances and facilitate domestic and international transportation.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-9717.htm

PHMSA Seeks Public Comment Regarding IAEA Proposals

Comments: The purpose of this notice is to request public comments on the transport regulation changes proposed by the International Atomic Energy Agency (IAEA) as part of its ongoing regulatory review process. On April 7, 2005, the IAEA released for comment 28 proposed changes to the requirements of the 2005 Edition of the Agency's Regulations for the Safe Transport of Radioactive Material (TS-R-1) (see http://hazmat.dot.gov/regs/files/IAEA Draft Changes.htm). Comments submitted in response to this notice will be used to develop U.S. positions on the 28 proposed changes for the IAEA regulatory review meeting scheduled for September 5-9, 2005 in Vienna, Austria.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-8716.htm

Limitations on Hazmat Endorsements - Interim Final Rule

Comments: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act [Pub. L. 107-56, 115 Stat. 272] was enacted on October 25, 2001. Section 1012 of the USA PATRIOT Act amended 49 U.S.C. Chapter 51 by adding a new sec. 5103a titled ``Limitation on issuance of hazmat licenses.'' Section 5103a(a)(1) provides: ``A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of Transportation has first determined, upon receipt of a notification under subsection (c)(1)(B), that the individual does not pose a security risk warranting denial of the license.'' FMCSA shares with TSA responsibility for implementing sec. 1012 of the USA PATRIOT Act. TSA has established the security threat assessment, including security risk factors, citizenship/immigration requirements for the hazardous materials endorsement, fingerprinting options, fees, compliance dates and other process details.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-8572.htm

FMCSA Requests Public Input - Hazmat Routing Through The Capitol

Comments: FMCSA invites interested parties to submit comments on an application by The American Trucking Associations, Inc. for an administrative determination as to whether Federal hazardous materials transportation law preempts highway routing requirements of the District of Columbia in restricting transportation of certain hazardous materials.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-7910.htm

PHMSA Clarifies Hazardous Materials Regulations to Loading, Unloading, and Storage HM-223

Comments: On October 30, 2003, the Research and Special Programs Administration, predecessor agency to PHMSA, published a final rule to clarify the applicability of the Hazardous Materials Regulations to functions and activities related to the safe and secure transportation of hazardous materials in commerce, including loading, unloading, and storage operations. In response to appeals submitted by persons affected by the final rule, this final rule amends certain regulations and makes editorial corrections. This final rule is effective June 1, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-7394.htm

PHMSA Withdraw NPRM Concerning Electronic Manifest For Hazardous Wastes

Comments: The Research and Special Programs Administration--the predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA)--and the Environmental Protection Agency (EPA) issued final rules in 1980 requiring that a manifest accompany each shipment of hazardous waste during transportation. In 49 CFR 172.205, PHMSA provided that the uniform manifest ``may be used as the shipping paper required by'' the Hazardous Materials Regulations, so long as it contained all the required information. On May 22, 2001, EPA published a notice of proposed rulemaking (NPRM) to revise the hazardous waste manifest system. One of EPA's proposed changes would have allowed the uniform manifest to be prepared and transmitted electronically from the generator to the disposal facility, rather than requiring it to accompany the shipment. EPA is deferring final action on the electronic manifest pending further analysis, outreach, and possible supplemental proposals. Therefore, PHMSA is withdrawing an NPRM published on August 8, 2001, that would have amended the Hazardous Materials Regulations on the use of the Uniform Hazardous Waste Manifest for shipments of

hazardous wastes. The changes proposed in that NPRM would have accommodated changes proposed by EPA. PHMSA proposed to require that, if the generator of a hazardous waste prepares an electronic manifest, either a physical copy of the electronic manifest or another document containing the information required for a shipping paper must accompany the hazardous waste in transportation.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-6805.htm

PHMSA Proposes to Adopt UN Standards For Cylinders

PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to adopt standards for the design, construction, maintenance and

use of cylinders and multiple-element gas containers (MEGCs) based on the standards contained in the United Nations (UN) Recommendations on

the Transport of Dangerous Goods. Aligning the HMR with the UN Recommendations will promote flexibility, permit the use of

technological advances for the manufacture of pressure receptacles, provide for a broader selection of pressure receptacles, reduce the

need for exemptions, and facilitate international commerce in the transportation of compressed gases.

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-3859.htm

RSPA Officially Becomes RITA (Research And Innovation Technology Administration)

Summary: Two new administrations, the Pipeline and Hazardous Materials Safety Administration and the Research and Innovative Technology Administration, are being established within the United States Department of Transportation pursuant to the Norman Y. Mineta Research and Special Programs Improvement Act. Each new administration is established effective February 20, 2005. Accordingly, by this action, the Secretary delegates to the Administrator, Pipeline and Hazardous Materials Safety Administration, and the Administrator, Research and Innovative Technology Administration, functions required for the operation of each new administration. In addition, this final rule renames chapters I and XI of subtitle B of title 49 CFR. This final rule is effective on February 20, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-3245.htm

RSPA Wants Your Input / Notice 05-02

Summary: RSPA requests comments on the economic impact of its regulations on small entities. As required by the Regulatory Flexibility Act and as published in DOT's Semi-Annual Regulatory Agenda, we are analyzing the rules applicable to general shipment and packaging requirements for shippers to identify requirements that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-2873.htm

49CFR and HM-215G errors

Attached is a listing of errors in the current edition of the 49 CFR Hazmat Regulations and the final rule published under Docket HM-215G.

Click Here for List

RSPA Extend Comment Period For Cargo Tanks With External Piping - HM-213B

Summary: RSPA is extending until April 28, 2005, the period for interested persons to submit comments on the December 30, 2004 notice of proposed rulemaking In the December 30, 2004 NPRM, we proposed to amend the Hazardous Materials Regulations to prohibit flammable liquids from being transported in unprotected product piping on existing and newly manufactured DOT specification cargo tank motor vehicles. If adopted as proposed, this action will reduce fatalities and injuries that result from accidents involving unprotected product piping. This proposal was developed jointly with the Federal Motor Carrier Safety Administration.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-2561.htm

Safety Advisory Notice 04-0004 Unauthorized Marking of Compressed Gas Cylinders

Summary: This is to notify the public that RSPA has determined that a number of DOT specification compressed gas cylinders seized by the State of Maine, Department of Environmental Protection (MDEP), may have been marked as requalities in accordance with the HMR when the cylinders were not subjected to testing. During property seizure proceedings, MDEP took possession of numerous cylinders owned by Harry J. Smith, Jr., and his daughter, Dawn Smith, of Meddybemps, Maine, in accordance with a state mandated environmental clean-up of the Smiths' property. RSPA has gathered evidence that suggests the high-pressure DOT specification industrial gas cylinders owned by the Smiths may have been marked, certified and returned to service when the cylinders had not been properly requalified in accordance with the Hazardous Materials Regulations (HMR). A hydrostatic retest and visual inspection are used to verify the structural integrity of compressed gas cylinders. If a hydrostatic retest and visual inspection are not performed within the time period required by the HMR, cylinders with compromised structural integrity may be returned to service when they should be condemned. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.

For complete info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1507.htm

Research And Special Programs Administration Dissolved

Summary: The Norman Y. Mineta Research and Special Programs Improvement Act of 2004 (Public Law 108-426) will disestablish the Department of Transportation's Research and Special Programs Administration (RSPA). In its place, two new Federal agencies will be established--the Research and Innovative Technology Administration (RITA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). These new organizations will be effective no later than February 28, 2005. Section 4(g) of the Act directs the incoming RITA Administrator to prepare a report to Congress, due March 30, 2005, on the research activities and priorities of the Department of Transportation. As a part of the stakeholder review process, the Department of Transportation is soliciting comments from Federal, state, private sector, and not-for-profit institutions on the topics outlined below.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1226.htm

RSPA Incorporates Exemptions Into Regulations HM-233

Summary: This final rule amends the Hazardous Materials Regulations by incorporating into the regulations the provisions of certain widely used exemptions which have established a history of safety and which may be converted into regulations for general use. We are also making minor revisions to the requirements for use of packagings authorized under exemptions. The revisions provide wider access to the benefits of the provisions granted in these exemptions and eliminate the need for the current exemption holders to reapply for renewal of the exemption, thus reducing paperwork burdens and facilitating commerce while maintaining an acceptable level of safety.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-1113.htm

Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids HM-213B

Summary: RSPA is proposing to amend the Hazardous Materials Regulations to prohibit flammable liquids from being transported in unprotected product piping on existing and newly manufactured DOT specification cargo tank motor vehicles. If adopted as proposed, this action will reduce fatalities and injuries that result from accidents involving unprotected product piping. This proposal was developed jointly with the Federal Motor Carrier Safety Administration.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-28561.htm

Safeguarding Food From Contamination During Transportation

Summary: RSPA is proposing to address the safe transportation of food and food products in commerce by referencing in its regulations requirements of the U.S. Department of Agriculture and the Food and Drug Administration of the U.S. Department of Health and Human Services that apply to persons who offer for transportation or transport food in commerce by motor vehicle or rail car. This action is intended to implement the Sanitary Food Transportation Act of 1990.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-27904.htm

Harmonization With the International Recommendations HM-215G

Summary: RSPA is 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. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations
on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-27087.htm

Delay Of Effective Date For HM-223

Summary: On October 30, 2003, RSPA published a final rule (68 FR 61905) to clarify the applicability of the Hazardous Materials Regulations to loading, unloading, and storage operations. RSPA is delaying the effective date of the final rule from January 1, 2005 until June 1, 2005.

DATES: The effective date of the final rule amending 49 CFR parts 171, 173, 174, 175, 176, 177, and 178 published at 68 FR 61905 on October 30, 2003, and delayed at 69 FR 30588 on May 28, 2004, is further delayed until June 1, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-26852.htm

Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders

Summary: This is to notify the public that RSPA is investigating the unauthorized marking of DOT specification high-pressure carbon dioxide fire extinguishers serviced by Statewide Fire Equipment, Inc. (Statewide), West Buxton, ME. Note that non-DOT specification dry chemical fire extinguishers are not at issue. RSPA has evidence that suggests Statewide marked, certified and returned to service numerous high-pressure DOT specification carbon dioxide fire extinguishers when the cylinders had not been properly requalified in accordance with the Hazardous Materials Regulations (HMR). In addition, the evidence suggests that Statewide used the Retester Identification Numbers (RINs) of several other licensed retest facilities without the permission or knowledge of these facilities.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-25889.htm

File Hazmat Incident Reports Online - Notice No. 04-06

Summary: In conjunction with implementation of the revised Hazardous Materials Incident Report on January 1, 2005, RSPA is making publicly available a programming tool for companies or individuals to use to electronically file hazardous materials incident reports. This new
electronic format may only be used for reporting incidents that occur on or after January 1, 2005.

For complete info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-25444.htm

Hazmat Endorsements To Cost More

Summary: In response to recent statutory requirements, the Transportation Security Administration (TSA) proposes to establish a fee for security threat assessments that TSA is required to perform on individuals who apply for or renew a hazardous materials endorsement for a commercial driver's license. TSA also proposes to establish a fee for collection and transmission of fingerprints, which is necessary to perform the security threat assessments. TSA intends to use fees collected under this proposed rule to pay for the costs of the security threat assessments and the costs of collection and transmission of fingerprints.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-25122.htm

DOD To Standardize Material Safety Data Sheets

Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are hosting a public meeting to facilitate an open dialogue between the Government and interested parties on proposed amendments to the Federal Acquisition Regulation regarding hazardous material safety data.
The meeting will be held on November 23, 2004, from 9 a.m. to 4 .m., EST. To facilitate discussions at the public meeting, interested parties are encouraged to provide, no later than November 15, 2004, written comments on issues they would like addressed at the public meeting.

The meeting will be held at the General Services Administration, 1800 F Street, NW, Washington, DC 20405, Room 5141A. Participants are encouraged to check the Web site prior to the public meeting to ensure the location has not changed as a result of a large number of registrants. Interested parties may register, view the draft final rule, submit electronic comments, and obtain directions at http://www.acq.osd.mil/dpap/dars/coming.htm

FOR FURTHER INFORMATION CONTACT: Mr. Craig Goral, Procurement Analyst, at (202) 501-3856.
Special Accommodations: The public meeting is physically accessible to people with disabilities. Request for sign language interpretation or other auxiliary aids should be directed to Craig Coral, at (202) 501-3856, at least 5 days prior to the meeting date.

This FAR case proposes to revise policies and procedures for the submission of material safety data sheets (MSDS) by contractors who provide hazardous materials to the Government. An original proposed rule was published in the Federal Register at 67 FR 632, January 4, 2002. A second proposed rule was published in the Federal Register at 69 FR 10118, March 3, 2004. The comment period on the second proposed rule closed to the public on May 3, 2004. Public comments on the second
proposed rule may be viewed at http://www.acqnet.gov/far/.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-25044.htm

Improved Hazard Communications - Final Rule HM-206B

Summary: This final rule amends the Hazardous Materials Regulations (HMR) to improve hazard communication for hazardous materials transported in commerce. Revisions adopted in this final rule include: permitting the use of the Pantone Formula, an industry guide for colors, for hazard warning labels and placards; expanding the use of labels specified in the Compressed Gas Association Pamphlet C-7 on cylinders used to transport Division 2.1, 2.2, or 2.3 gases to all modes of transportation; requiring a NON-ODORIZED marking on certain cylinders, portable tanks, cargo tanks, and tank cars and multi unit tank car tanks containing unodorized liquefied petroleum gas; and allowing a FUMIGANT marking to be removed from a transport vehicle or freight container before the lading is unloaded if the vehicle has undergone sufficient aeration. Taken together, the revisions in this final rule will enhance hazard communication for the safe handling of hazardous materials in transportation and the prompt identification of hazardous materials involved in transportation incidents.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-24377.htm

RSPA To Hold Public Meeting In Preparation For UN Meeting

Summary: This notice is to advise interested persons that RSPA will conduct public meetings in preparation for and to report the results of the 26th session of the United Nation's Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) to be held November 29-December 7, 2004, in Geneva, Switzerland.

DATES: November 23, 2004, 9:30 a.m.-12:30 p.m., Room 6200. December 15, 2004, 9:30 a.m.-12:30 p.m., Room 6200.

ADDRESSES: Both meetings will be held at DOT Headquarters, Nassif Building, 400 Seventh Street SW., Washington, DC 20590.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-23881.htm

FMCSA Proposes to Amend Enforcement Proceedings

Summary: FMCSA proposes to amend its rules of practice for motor carrier safety, hazardous materials, and other enforcement proceedings. These rules would increase the efficiency of the procedures, enhance due process and the awareness of the public and regulated community, and accommodate recent programmatic changes. The rules would apply to all motor carriers, other business entities, and individuals involved in motor carrier safety and hazardous materials administrative actions and proceedings with FMCSA.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-23393.htm

RSPA Updates Radioactive Regs HM230

Summary: RSPA is correcting errors in a final rule in this docket, published in the Federal Register on September 13, 2004, that amended requirements in the Hazardous Materials Regulations (HMR) pertaining to the transportation of radioactive materials based on changes contained in the International Atomic Energy Agency (IAEA) publication, entitled ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-22145.htm

North American Emergency Response Guidebook Available Online

Summary: The DOT has made available online the 2004 North American Emergency Response Guidebook.

URL: http://hazmat.dot.gov/erg2004/erg2004.pdf

Importation of Wood Packaging Material - DEPARTMENT OF AGRICULTURE

Summary: The Department of Agriculture is amending the regulations for the importation of unmanufactured wood articles to adopt an international standard entitled ``Guidelines for Regulating Wood Packaging Material in International Trade'' that was approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention on March 15, 2002. The standard calls for wood packaging material to be either heat treated or fumigated with methyl bromide, in accordance with the Guidelines, and marked with an approved international mark certifying treatment. This change will affect all persons using wood packaging material in connection with importing goods into the United States.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-20763.htm

Corrections to Final Rule HM-230

Summary: RSPA is correcting errors in its final rule in this docket, published in the Federal Register on January 26, 2004, that amended requirements in the Hazardous Materials Regulations (HMR) pertaining to the transportation of radioactive materials based on changes contained in the International Atomic Energy Agency (IAEA) publication, entitled ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-20549.htm

Minor Editorial Corrections and Clarifications 49 CFR, HM-189W

Summary: 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 minor changes and do not impose new requirements.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19742.htm

Safety Advisory Notice No. 04-5

Summary: This is to notify the public that RSPA is investigating the unauthorized marking of high-pressure compressed gas cylinders by New England Ski and Scuba, LLC, 520 Hartford Turnpike, Vernon, CT, 06066. New England Ski and Scuba's approval to requalify DOT specification cylinders was issued by RSPA under the company name, K&B Enterprises. RSPA believes that New England Ski and Scuba marked and certified an undetermined number of high-pressure DOT specification and exemption cylinders as properly tested in accordance with the Hazardous Materials Regulations (HMR), when the cylinders were not hydrostatically retested, or when the cylinders were improperly tested and inspected.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19964.htm

Hazardous Materials Endorsement - Delayed Compliance

Summary: FMCSA issues this rule to amend the compliance date in its Interim final rule (IFR) published in the May 5, 2003 Federal Register regarding limitations on State issuance of a commercial driver's license (CDL) with a hazardous materials endorsement. States must not issue, renew, transfer or upgrade a CDL with a hazardous materials endorsement unless the Transportation Security Administration (TSA) has first conducted a background records check of the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. FMCSA is changing the date by which States must comply with TSA regulations to coincide with the new compliance date established by TSA. The compliance date is changed from April 1, 2004, to January 31, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-19004.htm

Enhancing Rail Transportation Security for Toxic Inhalation Hazard Materials

Summary: The Department of Transportation (DOT) and the Department of Homeland Security (DHS) are examining the need for enhanced security requirements for the rail transportation of hazardous materials that pose a toxic inhalation hazard. The two departments are seeking comments on the feasibility of initiating specific security enhancements and the potential costs and benefits of doing so. Security measures being considered include improvements to security plans, modification of methods used to identify shipments, enhanced requirements for temporary storage, strengthened tank car integrity, and implementation of tracking and communication systems.

DATES: Submit comments by October 18, 2004. To the extent possible, we will consider late-filed comments as we make decisions on the issues addressed in this notice.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-18705.htm

Requirements for Lighters and Lighter Refills HM-237

Summary: RSPA proposes to amend requirements in the Hazardous Materials Regulations for the examination, testing, certification, and transportation of lighters and lighter refills. This action will clarify regulatory requirements and, where appropriate, decrease the regulatory burden without compromising the safe transportation of lighters and lighter refills in commerce.

DATES: Comments must be received by November 15, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-18195.htm

Hazardous Materials Regulations: Minor Editorial Corrections HM-189X

Summary: This final rule corrects errors in the 49 CFR 172.101 Hazardous Materials Table (HMT) made during the recent publication of 49 CFR Parts 100 to 185. In the most recent publication of 49 CFR Parts 100-185, a number of entries in the HMT were inadvertently removed.

DATES: The effective date of the amendments adopted herein is October 1, 2004. Immediate compliance is authorized.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-15766.htm

RSPA Finalizes HM-215E

Summary: On July 31, 2003, RSPA published a final rule under Docket Number RSPA-2002-13658 (HM-215E) amending the Hazardous Materials Regulations (HMR) based on corresponding provisions of international standards. The revisions were made to facilitate the transportation of
hazardous materials in international commerce. In response to appeals submitted by persons affected by the July 31, 2003 final rule, this final rule amends certain requirements. This final rule also corrects errors in the July 31, 2003 final rule.

DATES: Effective Date: June 22, 2004.
Delayed Compliance Date: October 1, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-12992.htm

(HM215G) RSPA Further Proposes To Harmonize Regulations

Summary: RSPA is proposing to amend 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. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United
Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-12411.htm

NA Numbers Versus UN Numbers Through Canada

Summary:
I just received the following message from Linda Hume-Sastre of Transport Canada. It is in response to an inquiry I received from member Petrancosta that prompted my contacting Ms. Hume-Sastre. I believe it is self explanatory.
------------------------------------------------------------------------------------------

21 June 2004

Good afternoon,

We continue to receive inquiries about whether or not NA numbers are acceptable package markings on dangerous goods being transported from the United States to a consignee in Canada or from the United States through Canada to a place in the United States. Strictly speaking, the TDG Regulations do not specifically prohibit the display of NA numbers on these consignments.

However, both sections 9.1 in Part 9, Road, and 10.1 in Part 10, Rail, refer to the "classification" in 49 CFR being acceptable for transport to or through Canada. The word "classification" is defined in the TDG Regulations in Part 1 as " ... the shipping name, the primary class, the subsidiary class, the UN number, the packing group and the risk group." So, the use of this word in Part 9 and Part 10 has led us to state that the NA number is not acceptable and the UN number must be used.

However, the inquiries we have received have pointed out difficulties to us that result in delays at the border. Essentially, these difficulties involve the dangerous goods with NA numbers having been marked some time ago with the NA number and stored in warehouses where they are picked up when orders are received and shipped to Canada. This may mean a whole truck load of such dangerous goods arriving at the border marked with NA numbers.

Consequently, we will allow the NA numbers to be displayed for transport from the US to Canada or from the US through Canada to another US destination but the shipping document that accompanies these dangerous goods must include the shipping name and UN number for the goods in Schedule 1 of the TDG Regulations or in the UN Model Regulations.

It is our view that the issue of NA numbers needs to be solved by the US DOT and that solution would include revising paragraph 172.101(e) of 49 CFR which states that NA numbers are acceptable for transport to or through Canada. Canada has removed the NA numbers from the Canadian TDG Regulations. We know that the US has removed many of them from 49 CFR and we appreciate that effort. However, we are of the opinion that a last step needs to be taken by the US and we would be more than happy to work with US DOT in reaching a reasonable solution to this issue.

Linda Hume-Sastre

Loading, Unloading, and Storage Clarifications Delayed (HM-223)

Summary: On October 30, 2003, RSPA published a final rule (68 FR 61905) to clarify the applicability of the Hazardous Materials Regulations to loading, unloading, and storage operations. RSPA is delaying the effective date of the final rule from October 1, 2004 to January 1, 2005.

The effective date of the final rule amending 49 CFR Parts 171, 173, 174, 175, 176, 177, and 178 published at 68 FR 61905 on October 30, 2003, is delayed until January 1, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-12130.htm

DOT Extends Deadline For HM-229 (Hazmat Incident Reporting)

Summary: On December 3, 2003, RSPA published a final rule under Docket No. RSPA-99-5013 (HM-229) to update and clarify requirements in the Hazardous Materials Regulations applicable to incident reporting requirements and the Hazardous Materials Incident Report (HMIR) DOT
Form F 5800.1. In response to appeals submitted by persons affected by the December 3, 2003 final rule, this final rule amends certain requirements, and makes minor editorial corrections. This final rule is effective January 1, 2005. The effective date for the final rule published on December 3, 2003 has been extended from July 1, 2004 to
January 1, 2005.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-11398.htm

RSPA To Hold Public Meeting In Preparation For UN Meeting

Summary: RSPA will conduct public meetings in preparation for and to report the results of the 25th session of the United Nation's Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) to be held July 5-14, 2004 in Geneva, Switzerland.

The meetings will be held June 23, 2004, 9:30 a.m.-12:30 p.m., Room 3328. July 21, 2004, 9:30 a.m.-12:30 p.m., Room 3200-3202.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-11594.htm

FRA Emergency Order No. 23, Notice No. 2]

Summary: FRA outlined the scope and severity of the problems associated with two above-noted bolster patterns in Notice No. 1 to Emergency Order No. 23. See 69 FR 23850-51. FRA is working with the AAR, tank car builders and users, and the nation's railroads to resolve the problem. Previous efforts are memorialized in FRA Safety Advisory 2002-03 (69 FR 79686, December 30, 2002); FRA Safety Advisory 2003-03 (68 FR 65982, November 24, 2003); AAR Maintenance Advisory MA-81; and a series of AAR Early Warning letters including EW-5191, EW-5194, EW-5195, EW-5196, and EW-5197, and supplements to them. Although all parties to this effort agree that the involved bolsters must be replaced, the castings industry simply cannot produce a sufficient number of replacement truck bolsters fast enough.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-11143.htm

Regulations for the Safe Transport of Radioactive Material (TS-R-1); Solicitation of Proposed Changes 04-03

Summary: The IAEA periodically revises its Regulations for the Safe Transport of Radioactive Material to reflect new information and accumulated experience. The DOT is the U.S. competent authority before the IAEA for radioactive material transportation matters. The NRC provides technical support to the DOT in this regard, particularly with regard to Type B and fissile packages. The IAEA recently initiated the review cycle for the 2007 edition of its regulations. The IAEA's review process calls for Member States and International Organizations to provide proposed changes to the IAEA by July 15, 2004. The objective is publication of revised regulations in 2007, nominally to become effective worldwide in 2009. To assure opportunity for public involvement in the international regulatory development process, the DOT and the NRC are soliciting proposals for changes to the IAEA Regulations at this time. This information will assist the DOT and the NRC in having a full range of views as the agencies develop the proposed changes the U.S. will submit to the IAEA.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-10473.htm

FRA Emergency Order No. 23, Notice No. 1

Summary: The Federal Railroad Administration (FRA) of the United States Department of Transportation (DOT) has determined that public safety compels the issuance of this Emergency Order directing all persons, including, but not limited to owners, shippers, consignees, and railroads, to discontinue the loading and transportation of any railroad tank car with an original built date of 1995, 1996, 1997, or 1998 and stenciled with DOT specification and the packaging

requirements of the commodity table at 49 CFR 172.101, amplified in Part 173 identifying it as capable of transporting hazardous material; that is equipped with a truck bolster bearing either (1) AAR Identification Number B-2410 and NCM Pattern Number 52122 or (2) AAR Identification Number B-2409 and NCM Pattern Number 52202, until each of the described bolsters is removed from the car and replaced with a bolster of suitable design and manufacture.

Emergency Order To Prohibit the Continued Use of Certain Railroad Tank Cars Equipped With a Truck Bolster Bearing Either Association of American Railroads (AAR) Identification Number B-2410 and National Castings of Mexico (NCM) Pattern Number 52122 or AAR Identification Number B-2409 and NCM Pattern Number 52202

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-9947.htm

Regulations for the Safe Transport of Radioactive Material; Public Meeting

Summary: The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Transportation (DOT) are convening a workshop with an opportunity to discuss any operational concerns for implementing the recently revised transportation regulations in 10 CFR part 71 and 49 CFR parts 171 through 178. Part of this workshop will include discussions to obtain a path forward on the portion of the proposed rule concerning 10 CFR part 71 change authority for dual-purpose certificate holders that was not included in the final rule.

DATES: The workshop will be held on April 15, 2004, from 8:30 a.m. to 4:30 p.m.

ADDRESSES: The workshop will be conducted at the NRC Auditorium, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-5736.htm

 Compatibility With the Regulations of the International Atomic Energy Agency HM-230

Summary: In this final rule RSPA is amending requirements in the Hazardous Materials Regulations (HMR) pertaining to the transportation of radioactive materials based on changes contained in the International Atomic Energy Agency (IAEA) publication, entitled ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1. The purpose of this rulemaking initiative is to harmonize requirements of the HMR with international standards for radioactive materials as well as to promulgate other DOT-initiated requirements.

DATES: Effective Date: The effective date of these amendments is October 1, 2004.

Voluntary Compliance Date: RSPA is authorizing voluntary compliance with the amendments adopted in this final rule beginning February 25, 2004. However, RSPA may further revise this rule as a result of appeals it may receive for this rule. Incorporation by Reference Date: The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of October 1, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-67.htm

Guide to Developing an Effective Security Plan for the Highway

Summary: The Federal Motor Carrier Safety Administration has is issued a 30 page document entitled, "GUIDE TO DEVELOPING AN EFFECTIVE SECURITY PLAN FOR THE HIGHWAY TRANSPORTATION OF HAZARDOUS MATERIALS"

For Complete Info: http://www.fmcsa.dot.gov/safetyprogs/hm/Security_Plan_Guide.htm

49CFR Updated: Matter Incorporated by Reference HM-189U

Summary: This final rule amends the Hazardous Materials Regulations (HMR) to standardize the format used to cross-reference consensus standards published by nationally and internationally recognized standard-setting organizations and industry that are incorporated by reference into the HMR. In addition, this rule adds missing cross-references and removes unnecessary cross-references in the HMR. The amendments contained in this rule are minor editorial changes and impose no new requirements.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-30613.htm

RSPA Proposes To Incorporate Exemptions Into Regulations HM-233

Summary: RSPA proposes to amend the Hazardous Materials Regulations to incorporate into the regulations the provisions of certain widely used exemptions which have established a history of safety and which may be converted into regulations for general use. We are also making minor revisions to the requirements for use of packagings authorized under exemptions. The proposed changes would provide wider access to the benefits of the provisions granted in these exemptions and eliminate the need for the current exemption holders to reapply for renewal of the exemption, thus reducing paperwork burdens and facilitating commerce while maintaining an acceptable level of safety.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-29852.htm

RSPA Revises Hazmat Incident Reporting HM-229

Summary: RSPA is revising the incident reporting requirements of the Hazardous Materials Regulations and the hazardous materials incident report form, DOT Form F 5800.1. The major changes adopted in this final rule include: Collecting more specific information on the incident reporting form; expanding reporting exceptions; expanding reporting requirements to persons other than carriers; reporting undeclared shipments of hazardous materials; and reporting non-release incidents involving cargo tanks. These revisions will assure an increase in the usefulness of data collected for risk analysis and management by government and industry and, where possible, provide relief from regulatory requirements.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-29597.htm

U.S. Customs To Enforce 24 Hour Rule

Summary: Customs and Border Protection (CBP) has received numerous questions concerning the 24 hour advance manifest regulation, we have provided our response, for now, of the most frequently asked questions. CBP is hopeful that this document will assist the trade community in understanding the expectations of CBP concerning the 24 hour manifest rule. The effective date of implementation was December 2, 2002. Carriers and/or automated NVOCC's are now required to submit a cargo declaration 24 hours before cargo is laden aboard the vessel at a foreign port. CBP will continue to update this list, adding questions and answers. Please continue to monitor this document for changes and updates.

For Complete info: http://www.cbp.gov/ImageCache/cgov/content/import/carriers/24hour_5frule/24hour_5ffaq_2edoc/v4/_Toc53297678

Hazmat Regs To Discussed at Federal Railroad Administration

Summary: FRA announces the next meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics will include updates on the Illinois

Department of Transportation Positive Train Control Project, the Highway-Rail Crossing Action Plan, the Switching Operations Fatality Analysis, and the Collision Analysis Working Group. Status reports will be given on the Locomotive Crashworthiness, Passenger Safety, and other active working groups. The Committee will be briefed on the

International Application of Alcohol and Drug Rules, Hazardous Materials Regulations, and Medical Standards for Safety Critical Employees.

For Complete Info:

Background Checks For Hazmat Endorsements

Summary: The FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) with a hazardous materials (hazmat) endorsement unless the Transportation Security Administration (TSA) has first conducted a background records check of the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. The compliance date provisions being revised require States to collect fingerprints from individuals applying for, renewing, upgrading or transferring a hazmat endorsement for a CDL beginning November 3, 2003. FMCSA and TSA are changing that date to April 1, 2004, and TSA may postpone that date, in individual cases, to not later than December 1, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-28175.htm

RSPA Defines Definitions HM-223

Summary: RPSA published Final Rule HM-223 which clarifies many defininitions in the HMR. Specifically terms used to identify loading,unloading, storage and in commerce.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-27057.htm

RSPA Preparing For UN Meeting

Summary: The primary purpose of the first meeting will be to prepare for the 24th session of the UNSCOE and to discuss draft U.S. positions on UNSCOE proposals. The primary purpose of the second meeting will be to provide a briefing on the outcome of the UNSCOE session and to prepare for the 25th session of the UNSCOE.

Topics to be covered during the public meetings include: (1)

Harmonization of the Recommendations on the Transport of Dangerous Goods with the Globally Harmonized System of Classification and Labeling of Chemicals, (2) Hazards to the aquatic environment, (3) Procedures for incident reporting, (4) Evaluation of the United Nations

packaging requirements, (5) Transport of Dangerous Goods in limited quantities and consumer commodities, (6) Miscellaneous proposals related to listing and classification and the use of packagings and tanks. The public is invited to attend without prior notification. Due to the heightened security measures participants are encouraged to arrive early to allow time for security checks necessary to obtain access to the building.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-27130.htm

RSPA Publishes Security Awareness Questions and Answers

Summary: RSPA has released frequently asked questions and answers concerning recently imposed security requirements.

For Complete Info: http://hazmat.dot.gov/pubtrain/Security%20Q%20&%20A.pdf

Mandatory Automated Export System (AES) Filing for all Shipments

Summary: The U.S. Census Bureau (Census Bureau) is issuing this advance notice of proposed rulemaking to announce and to solicit comments on the Census Bureau's intent to propose a rule that would make mandatory the filing of all export shipments requiring Shipper's Export Declaration (SED) information on the Automated Export System (AES)/

AESDirect. The Census Bureau also requests comment on its intention, subject to agreement with the Bureau of Customs and Border Protection (CBP) and other federal agencies participating in the AES, to modify the AES Option 4 post-departure filing program. The Census Bureau welcomes any comments or concerns regarding the impact of these intended changes on the export community.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-26576.htm