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

TSA-2006-24191 - Hazardous Materials Endorsement for a Commercial Driver's License

Comments: The Department of Homeland Security (DHS), through the Transportation Security Administration (TSA) and the United States Coast Guard (Coast Guard), issues this final rule to further secure our Nation's ports and modes of transportation. This rule implements the Maritime Transportation Security Act of 2002 and the Security and Accountability for Every Port Act of 2006. Those statutes establish requirements regarding the promulgation of regulations that require credentialed merchant mariners and workers with unescorted access to secure areas of vessels and facilities to undergo a security threat assessment and receive a biometric credential, known as a Transportation Worker Identification Credential (TWIC). After DHS publishes a notice announcing the compliance date for each Captain of the Port (COTP) zone, persons without TWICs will not be granted unescorted access to secure areas at affected maritime facilities. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners must possess a TWIC by September 25, 2008. This final rule will enhance the security of ports by requiring such security threat assessments of persons in secure areas and by improving access control measures to prevent those who may pose a security threat from gaining unescorted access to secure areas of ports.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-19.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

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

Transportation Worker Identification Credential (TWIC)

Comments: This is a notice of proposed rulemaking by the Department of Homeland Security, specifically by the Transportation Security Administration and the United States Coast Guard. If promulgated, this rule would implement the Transportation Worker Identification Credential program in the maritime sector. Under this program, merchant mariners holding an active License, Merchant Mariner Document, or Certificate of Registry and workers who require unescorted access to secure areas at maritime facilities or on vessels must undergo a security threat assessment, and, if found to not pose a security threat, obtain a Transportation Worker Identification Credential.

Persons without Transportation Worker identification Credentials will not be granted unescorted access to secure areas at affected maritime facilities or on vessels.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-4508.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.