DGI Daily Ground

truck-sm.jpgCheck this page often to view regulatory updates to the 49CFR, and information pertaining to ground shipments of Dangerous Goods.

 

Also view: Ocean Updates  Air Updates

truck-sm.jpgCheck this page often to view regulatory updates to the 49CFR, and information pertaining to ground shipments of Dangerous Goods. Also view: Ocean Updates  Air Updates  

4/24/17

Safety Advisory - Class 2.1 Cylinders

3/29/17

HM-215N

2/27/17

HM-215N Guidance

1/24/17

As a result of the Administration’s regulatory freeze, the Final Rule under HM-215N has been returned to PHMSA by the Federal Register. The Final Rule now awaits review and approval by an Administration leader before it can be published. PHMSA is working with DOT staff regarding the importance of the Final Rule and any policy relative to “voluntary” use of the most recent international standards.

1/20/17 HM-215N  Final Rule Harmonize With International Regulations
12/20/16 DGI Presents: Regulation Changes 2017
9/23/16 PHMSA DOT Safety Notice Samsung Galaxy 7
8/15/16  Final Rule Tank Cars
6/29/16 49CFR Penalties
6/3/16 Final Rule - Miscellaneous Amendments 
1/18/16 2016 Regulatory Updates webinar presented by DGI Training Center
1/6/16 HM-260 - Editorial Corrections and Clarifications
12/22/15 Bulk Explosives
4/28/15 Emergency Response Information Requirements
2/23/15 HM-244F Compliance Extension - Lithium Battery Transportation Rules 
1/8/15 Final Rule HM-215M
11/07/14 Railroad to Approve Training Programs But Not Hazmat
08/06/14 Ebola Safety Advisory
08/06/14 Final Rule Civil Penalties / No Shipping For You!
08/06/14 Final Rule Lithium Batteries / DOT Adopts International Standards
08/04/14 49CFR Correction / Explosives
07/11/14 Final Rule Radioactive Material
03/18/14 Adoption of Certain Special Permits & Competent Authorities into Regulation
11/20/13 Safety Advisory - Class 3
10/1/13 Safety Notice - Cylinders
8/5/13 HM-254 Final Rule
7/22/13 Final Rule HM-257 / Fireworks
7/22/13 Notice & Request for Comments / Paperless Dec's
7/22/13 Safety Advisory Notice
6/6/13 Emergency Cylinder Recall
6/6/13 DOT Emergency Response Guidebook Presentation
6/5/13 Gas Cylinders
6/5/13 Cylinder Recall & Termination
4/19/13 Final Rule HM-208I / Reduction in Hazmat Fees
4/17/13 HM-258 Final Rule Penalties Revision
3/13/13 Safety Advisory
3/07/13 HM-219 Final Rule
2/13/13 FRA Final Rule FRA-2004-17530 Penalty Guidelines
2/6/13 HM-215L Correction
1/29/13 HM-215L Final Rule
1/7/13 HM-215K Revised
10/24/12 PHMSA Safety Advisory Notice - Unathorized marking of high pressure compressed gas cylinders
10/5/12 49CFR Minor Editorial Corrections
10/3/12 CFR Correction
6/25/12 Final Rule - HM 216B / Rail / Special Permits Incorporation
4/16/12 Final Rule HM-231A Closures Inner Packagings Containing Liquids
1/12/12 Safety Advisory - Marking of Compressed Cylinders
12/5/11 Emergency Restriction / Prohibition Order 11 - 14
09/08/11 Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8
07/22/11 Final Rule HM-218F / Update & Clarify
06/06/11 Final Rule HM-238 Storage of Explosives
04/29/11 No Talking and Driving
03/03/11 Final Rule - Enhanced Enforcement Authority Procedures
02/28/11 Final Rule HM-256: No Texting & Driving While Hauling Hazmat
02/02/11 HM-245 Final Rules Cargo Tanks Special Permits
01/19/11 HM215K Final Rule / Harmonization / LTD QTY / ORM-D & Much More
01/07/11 HM-233B - Special Permits Final Rule
09/30/10 HM-231 - Packaging Closure Instructions
09/07/10 PHMSA Removes Expiration Date for Classification of Explosives & other Classes

On February 16th, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released their extension of compliance date for HM-224F. PHMSA is extending for modes of transportation other than air the mandatory compliance date of a final rule published on August 6, 2014 under Docket No. HM-224F from February 6, 2015 until August 7, 2015. This revision is made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule by the February 6, 2015 mandatory compliance date.

Extension notice may be located here: http://www.phmsa.dot.gov/pv_obj_cache/pv_obj_id_2764E84FC33F1F13E365F7EAFB021561FF010200/ filename/HM_224F_Extension.pdf

B. Hazmat Employees Not Covered

FRA received two comments requesting that the rule contain explicit language that hazardous materials training is not covered by this rule. AAR recommends that FRA clearly state in the purpose and scope section that hazardous materials training is not covered by these regulations because the NPRM was not clear enough on this point. A second commenter recommends that FRA specify in the regulation that hazmat employees, hazmat employers, and hazmat training organizations and learning institutions be explicitly excluded from the regulation.

FRA's Response

FRA generally agrees with the commenters that it is better to include an explicit statement regarding the scope of the rule than to leave that issue to the preamble. However, FRA was not ambiguous in the NPRM regarding whether the proposed rule covered hazardous materials training. In the section-by-section analysis for proposed § 243.5, definition of safety-related railroad employee, FRA stated that the NPRM did not address the training of hazmat employees even though the statutory definition of safety-related railroad employee covers a hazmat employee of a railroad carrier as defined in 49 U.S.C. 5102(3). FRA proposed to decline regulating the training of hazmat employees in this rule as that training is already extensively covered by DOT regulations promulgated by the Pipeline and Hazardous Materials Safety Administration (PHMSA). See e.g., 49 CFR part 172, subpart H. The hazmat training required by PHMSA for hazmat employees mandates general familiarity with hazmat requirements, especially when the employee's duties may impact emergency responses, self-protection measures and accident prevention methods and procedures. See 49 CFR 172.200(b). FRA is satisfied that the training requirements are sufficiently addressed by PHMSA and does not believe that Congress intended for FRA to overcomplicate the existing rules governing hazmat training.

Despite the agency's clarity on this issue in the NPRM, FRA has decided to address the issue by adding a paragraph (e) to § 243.1 of this final rule that explicitly excludes hazmat training for hazmat employees and clarifies that such training can be found in 49 CFR part 172, subpart H. Paragraph (e) states that “[t]he requirements in this part do not address hazardous materials training of `hazmat employees' as defined in 49 CFR 171.8.” However, this exclusion does not mean that a hazmat employee would not be covered under any circumstances. The definition of hazmat employees in PHMSA's regulation is so broad that it encompasses railroad signalmen, railroad maintenance-of-way employees, and even locomotive engineers if they operate a vehicle used to transport hazmats. FRA certainly intends to cover the training for these “safety-related railroad employees” when they are doing safety-related tasks, even if these types of employees may also be defined by PHMSA as hazmat employees and require additional training under PHMSA's regulations. See§ 243.5 (defining “safety-related tasks”). In other words, paragraph (e) is intended to be read so that a hazmat employee will need to be trained in accordance with this part to the extent that the employee is doing safety-related tasks that are not covered by hazmat training required elsewhere in 49 CFR Subtitle B. Subtitle B encompasses other regulations relating to transportation, including hazmat training regulated by PHMSA found at 49 CFR part 172, subpart H. The training required by PHMSA does not overlap with the training required by this final rule.Show citation box

FRA disagrees with the comment recommending that FRA specify in the regulation that hazmat employees, hazmat employers, and hazmat training organizations and learning institutions be explicitly excluded from the regulation. FRA declines to accept this comment because it is too broad and may have implications beyond what the commenter intended. That is, if the recommendation were adopted as suggested by the commenter, the rejected requirement could be viewed as excluding any railroad (or employer) employing a hazmat employee instead of excluding just the hazmat training for those hazmat employees. For that reason, FRA has rejected that recommendation.

https://www.federalregister.gov/articles/2014/11/07/2014-26290/training-qualification-and-oversight-for-safety-related-railroad-employees

This Safety Advisory provides guidance on the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer and transport materials contaminated or suspected of being contaminated with the Ebola virus. 

https://www.federalregister.gov/articles/2014/10/30/2014-25778/safety-advisory-packaging-and-handling-ebola-virus-contaminated-infectious-waste-for-transportation

Final Rule Civil Penalties / No Shipping For You!

PHMSA is amending its hazardous materials procedural regulations. Specifically, this final rule prohibits a person who fails to pay a civil penalty as ordered, or fails to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations until payment is made.

https://www.federalregister.gov/articles/2014/08/07/2014-18617/hazardous-materials-failure-to-pay-civil-penalties

Final Rule Lithium Batteries / DOT Adopts International Standards

In this final rule, PHMSA is revising requirements in the HMR applicable to the transport of lithium cells and batteries consistent with the UN Model Regulations, the ICAO Technical Instructions and the IMDG Code. The final rule:

(1) Replaces equivalent lithium content with Watt-hours for lithium ion cells and batteries;

(2) adopts separate shipping descriptions for lithium metal batteries and lithium ion batteries;

(3) revises provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment;

Show citation box

(4) revises the requirements for the transport of lithium batteries for disposal or recycling;

(5) harmonizes the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the IMDG Code; and

(6) adopts new provisions for the transport of damaged, defective, and recalled lithium batteries.

https://www.federalregister.gov/articles/2014/08/06/2014-18146/hazardous-materials-transportation-of-lithium-batteries

 

49CFR Correction / Explosives

https://www.federalregister.gov/articles/2014/07/25/2014-17663/shippers-general-requirements-for-shipments-and-packagings

Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2013, on page 527, in § 173.62, in paragraph (c)(5), at the end of the Table of Packing Methods, packing instruction US 1 is reinstated to read as follows:

§ 173.62 Specific packaging requirements for explosives.

* * * * *

(c) * * *

(5) * * *

Table of Packing Methods Back to Top

*******  

US 1 1. A jet perforating gun, charged, oil well may be transported under the following conditions: a. Initiation devices carried on the same motor vehicle or offshore supply vessel must be segregated; each kind from every other kind, and from any gun, tool or other supplies, unless approved in accordance with § 173.56. Segregated initiation devices must be carried in a container having individual pockets for each such device or in a fully enclosed steel container lined with a non-sparking material. No more than two segregated initiation devices per gun may be carried on the same motor vehicle. b. Each shaped charge affixed to the gun may not contain more than 112 g (4 ounces) of explosives. c. Each shaped charge if not completely enclosed in glass or metal, must be fully protected by a metal cover after installation in the gun. d. A jet perforating gun classed as 1.1D or 1.4D may be transported by highway by private or contract carriers engaged in oil well operations. (i) A motor vehicle transporting a gun must have specially built racks or carrying cases designed and constructed so that the gun is securely held in place during transportation and is not subject to damage by contact, one to the other or any other article or material carried in the vehicle; and (ii) The assembled gun packed on the vehicle may not extend beyond the body of the motor vehicle. e. A jet perforating gun classed as 1.4D may be transported by a private offshore supply vessel only when the gun is carried in a motor vehicle as specified in paragraph (d) of this packing method or on offshore well tool pallets provided that: (i) All conditions specified in paragraphs (a), (b), and (c) of this packing method are met; (ii) The total explosive contents do not exceed 90.8 kg (200 pounds) per tool pallet; (iii) Each cargo vessel compartment may contain up to 90.8 kg (200 pounds) of explosive content if the segregation requirements in § 176.83(b) of this subchapter are met; and (iv) When more than one vehicle or tool pallet is stowed “on deck” a minimum horizontal separation of 3 m (9.8 feet) must be provided. 

 

Final Rule Radioactive Materials

PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is amending requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication “Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1.” The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.

https://www.federalregister.gov/articles/2014/07/11/2014-15514/hazardous-materials-compatibility-with-the-regulations-of-the-international-atomic-energy-agency-rrr

Safety Advisory- Class 3

PHMSA and FRA are issuing this safety advisory as a follow-up to the agencies' joint safety advisory published on August 7, 2013 and FRA's Emergency Order No. 28 published that same day, both of which relate to the July 6, 2013, catastrophic accident in Lac-Mégantic, Quebec. In this safety advisory, PHMSA and FRA are reinforcing the importance of proper characterization, classification, and selection of a packing group for Class 3 materials, and the corresponding requirements in the Federal hazardous materials regulations for safety and security planning. In addition, we are reinforcing that we expect offerors by rail and rail carriers to revise their safety and security plans required by the Federal hazardous materials regulations, including the required risk assessments, to address the safety and security issues identified in FRA's Emergency Order No. 28 and the August 7, 2013, joint Safety Advisory.

https://www.federalregister.gov/articles/2013/11/20/2013-27785/safety-and-security-plans-for-class-3-hazardous-materials-transported-by-rail

Safety Notice - Cylinders

This is to notify the public that PHMSA has confirmed that Komer Carbonic Corp., 12120 Cloverdale Street, Detroit, MI 48021, improperly filled and offered for transportation high pressure compressed gas cylinders (DOT Specification 3A, 3AA and 3AL) without verifying that they met the appropriate safety requirements for continued use. The US DOT PHMSA was alerted on July 5, 2013 and verified on July 9, 2013 that Komer CarbonicCorp. filled and transported compressed gas cylinders without verifying their suitability for continued service. Komer Carbonic Corp. fills and offers cylinders containing Carbon dioxide, for restaurants and other establishments.

https://www.federalregister.gov/articles/2013/09/24/2013-23080/safety-advisory-unauthorized-filling-of-compressed-gas-cylinders

Final Rule HM-254

Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat-belt pretensioners. The revisions incorporate the provisions of two special permits into the regulations. In addition, PHMSA is amending the current approval and documentation requirements for a material classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner. These revisions are intended to reduce the regulatory burden on the automotive industry and facilitate commerce, while continuing to maintain an equivalent level of safety.

https://www.federalregister.gov/articles/2013/07/30/2013-18263/hazardous-materials-approval-and-communication-requirements-for-the-safe-transportation-of-air-bag

Final Rule HM-257 / Fireworks

PHMSA is revising the Hazardous Materials Regulations applicable to the approval of Division 1.4G consumer fireworks (UN0336 Fireworks) and establishing DOT-approved fireworks certification agencies that provide an alternative to the approval process for Division 1.4G consumer fireworks. PHMSA is also reformatting the procedural regulations pertaining to certification agencies. These actions clarify regulations with respect to PHMSA's fireworks approval process and provide regulatory flexibility in seeking authorization for the transportation of Division 1.4G consumer fireworks.

https://www.federalregister.gov/articles/2013/07/16/2013-16986/hazardous-materials-revision-to-fireworks-regulations-rrr

Notice & Request for Comments / Paperless Dec's

PHMSA invites volunteers for a pilot program to evaluate the effectiveness of paperless hazard communications systems and comments on an information collection activity associated with the pilot program. “Moving Ahead for Progress in the 21st Century Act” (MAP-21) authorizes PHMSA to conduct a pilot program to evaluate the feasibility and effectiveness of using paperless hazard communications systems. In accordance with MAP-21, in conducting the pilot projects, PHMSA may not waive the current shipping paper requirements. In addition, MAP-21 indicates that PHMSA must consult with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Upon completion of the pilot projects, PHMSA must evaluate the feasibility and effectiveness of paperless hazard communications systems and make a recommendation to Congress regarding regulatory changes that would permanently authorize the use of paperless hazard communications systems. The report is due to Congress by October 1, 2014. The intent of this notice is to: (1) Describe the current regulatory requirements for shipping papers; (2) describe authority granted under MAP-21; (3) explain the goal, scope, and intent of the pilot program; (4) seek volunteers to participate in the pilot projects and describe criteria for selecting pilot participants from the volunteers; and (5) seek comment on the request for information to be collected in conducting the pilot projects and in consulting with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Information gathered will enable PHMSA to generate a report to Congress detailing: (1) The performance of each paperless hazard communications system tested during the pilot projects; (2) PHMSA's assessment of the safety and security impacts on stakeholders; (3) the associated costs and benefits; and (4) PHMSA's regulatory recommendation(s).

https://www.federalregister.gov/articles/2013/07/19/2013-17363/paperless-hazard-communications-pilot-program

Safety Advisory Notice

This is to notify the public that PHMSA has confirmed that North American Coil and Beverage Group, 15641 E 10 Mile Road, Eastpointe, MI, 48021, improperly filled and offered for transportation high pressure compressed gas cylinders without verifying that they met the appropriate safety requirements for continued use. The Eastpointe Michigan Fire Department alerted the Michigan State Police, who in turn alerted PHMSA of an incident on June 25, 2013, in which a high pressure DOT 3A 1800 cylinder filled and provided by North American Coil and Beverage Group with carbon dioxide catastrophically burst at Sullivan's Bar in Eastpointe, Michigan

https://www.federalregister.gov/articles/2013/07/17/2013-17121/safety-advisory-unauthorized-filling-of-compressed-gas-cylinders

Emergency Recall Order - Cylinders

This notice publishes Emergency Recall Order 2013-002 (DOT Docket Number PHMSA-2013-0123), issued on May 24, 2013 to The Lite Cylinder Company, Inc. The Office of Hazardous Materials Safety issued this Emergency Order pursuant to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(c), and is published in accordance with 49 CFR 109.19(f)(2)(iv). Emergency Order 2013-002 mandates a recall of (1) all cylinders manufactured by The Lite Cylinder Company, Inc. and marked as authorized under DOT-SP 14562 (and DOT-SP 13957 as authorized therein) and DOT-SP 13105, (2) any cylinder requalified under H706, and (3) any cylinders manufactured under M5729 (collectively, “the affected packaging”), and was issued after PHMSA's finding that the affected packaging constitutes, or are causing, an imminent hazard to public safety.

https://www.federalregister.gov/articles/2013/06/06/2013-13354/hazardous-materials-emergency-recall-order

Final Rule HM-208I / Reduction in Hazmat Fees

The Federal hazardous materials transportation law requires DOT to adjust the amount of the annual registration fee to account for any unexpended balance in the Hazardous Materials Emergency Preparedness (HMEP) Fund. Due to an unexpended balance that has accumulated in the Fund, PHMSA is lowering the registration fees for registration year 2013-2014 for all persons, as defined in PHMSA regulations, that transport or offer for transportation in commerce certain categories and quantities of hazardous materials. Specifically, for registration year 2013-2014 the fee for a small business or not- for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels.     Additionally, PHMSA is making an editorial change to its regulations to clarify the appropriate fee amounts; there are no substantive changes other than the addition of the fees for 2013-2014 and for 2014-2015 and later.     In order to make the change effective for the 2013-2014 registration year and thus draw down the unexpended balance as soon as possible, PHMSA is issuing this final rule without a prior notice of proposed rulemaking in accordance with good cause exemption specified in the Administrative Procedures Act. Additionally, for good cause this final rule is effective immediately.

http://www.gpo.gov/fdsys/pkg/FR-2013-04-19/html/2013-09213.htm

HM-258 Final Rule Penalties Revision

PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the ``Moving Ahead for Progress in the 21st Century Act'' (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.

DATES: Effective Date: April 17, 2013.

http://www.gpo.gov/fdsys/pkg/FR-2013-04-17/html/2013-08981.htm

HM-215K Revised

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation,
manufacturer notification, and recordkeeping requirements for certain packaging types.

DATES: Effective: January 1,

http://www.gpo.gov/fdsys/pkg/FR-2013-01-07/html/2012-31242.htm

49CFR Minor Editorial Corrections

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do
not impose new requirements.

DATES: Effective: October 5, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-10-05/html/2012-24263.htm

DEPARTMENT OF TRANSPORTATION - Pipeline and Hazardous Materials Administration
49 CFR Part 173

Shippers--General Requirements for Shipments and Packagings

CFR Correction

In Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2011, make the following corrections:


1. In Sec. 173.133, on page 539, paragraph (e) is redesignated as (c) and revised to read as follows:
Sec. 173.133 Assignment of packing group and hazard zones for Division 6.1 materials.

* * * * *
(c) Transitional provisions. The criteria for packing group
assignments in effect on December 31, 2006, may continue to be used
until January 1, 2012.
2. In Sec. 173.134, on page 543, the second paragraph (c) is removed
and (c)(2) is revised to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.

* * * * *
(c)
(2) The following materials may be offered for transportation and transported as a regulated medical waste when packaged in a rigid non-bulk packaging conforming to the general packaging requirements of Sec. Sec. 173.24 and 173.24a and packaging requirements specified in
29 CFR 1910.1030 and transported by a private or contract carrier in a vehicle used exclusively to transport regulated medical waste: (i) Waste stock or culture of a Category B infectious substance;
(ii) Plant and animal waste regulated by the Animal and Plant Health Inspection Service (APHIS);
(iii) Waste pharmaceutical materials;
(iv) Laboratory and recyclable wastes;
(v) Infectious substances that have been treated to eliminate or neutralize pathogens;
(vi) Forensic materials being transported for final destruction;
(vii) Rejected or recalled health care products;
(viii) Documents intended for destruction in accordance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements; and
(ix) Medical or clinical equipment and laboratory products provided they are properly packaged and secured against exposure or contamination. Sharps containers must be securely closed to prevent leaks or punctures.
* * * * *

[FR Doc. 2012-24294 Filed 9-28-12; 11:15 am]BILLING CODE 1505-01-D

http://www.gpo.gov/fdsys/pkg/FR-2012-10-02/html/2012-24294.htm

Final Rule - HM 216B / Rail / Special Permits Incorporation

The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding rail special permits that have general applicability and established safety records. Special permits allow a company or an individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. Incorporating the special
permits discussed in this rulemaking will provide users of the regulations with wider access to the regulatory flexibility offered in these special permits, eliminate the need for numerous renewal
requests, reduce paperwork burdens, and facilitate commerce while maintaining an appropriate level of safety. This rulemaking will also respond to two petitions for rulemaking, P-1497, concerning the use of electronic shipping papers, and P-1567, concerning the removal of the
Association of American Railroad's AAR-600 portable tank program for previously adopted standards that meet or exceed the AAR-600 requirements.

Effective date: July 25, 2012. PHMSA is authorizing voluntary compliance beginning June 25, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-06-25/html/2012-13960.htm

Final Rule HM-231A Closures Inner Packagings Containing Liquids

PHMSA is amending the Hazardous Materials Regulations to
require closures of inner packagings containing liquids within a
combination packaging intended for transportation by aircraft to be
secured by a secondary means or, where a secondary closure cannot be
applied or it is impracticable to apply, permit the use of a leakproof
liner. These amendments are consistent with the 2011-2012 edition of
the International Civil Aviation Organization Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions).

This rule is effective July 1, 2012.
Voluntary compliance with all amendments are authorized May 16, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-04-16/html/2012-8978.htm

Safety Advisory - Marking of Compressed Cylinders

This is to notify the public that PHMSA has confirmed that Spears Fire & Safety, 287 Jackson Plaza, Ann Arbor, MI improperly requalified and marked high pressure compressed gas cylinders. During a recent investigation, PHMSA determined that between November 2008 and October 2011, Spears Fire & Safety requalified and marked with a Requalifier Identification Number (RIN) ``B037'' approximately 7,740 DOT specification cylinders after its authority to requalifiy high pressure cylinders expired on October 31, 2008. Additionally the investigation revealed that during this period, Spears Fire & Safety (1) failed to condemn cylinders with a permanent expansion greater than 10% of total expansion, (2) on multiple occasions did not maintain the minimum test pressure for the required time and (3) improperly repeated pressure tests on cylinders required to be condemned. Cylinders that have not been properly requalified and marked in accordance with the HMR may not be filled with compressed gas or other hazardous material.

FOR FURTHER INFORMATION CONTACT: Spears Fire & Safety, Mr. Robert Pate, Manager, 287 Jackson Plaza, Ann Arbor, MI, Telephone (734) 633-4133.

http://www.gpo.gov/fdsys/pkg/FR-2012-01-12/html/2012-394.htm

Emergency Restriction / Prohibition Order 11 - 14

This notice publishes Emergency Restriction/Prohibition Order 2011-001 (DOT Docket Number PHMSA-2011-0303), issued on November 17, 2011 to a number of entities, including Rainbow of Hope. This Emergency Order was issued by the Office of Hazardous Materials Safety pursuant
to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(a), and is published in accordance with 49 CFR Sec. 109.19. Emergency Order 2011-001 prohibits the filling, offering, and transportation of cylinders containing TyLar gas, and was issued in response to a pattern of
explosions that constitute an imminent hazard under 49 CFR 109.1.

Effective Date: November 17, 2011.

http://www.gpo.gov/fdsys/pkg/FR-2011-12-05/html/2011-31054.htm

Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8

Investigations conducted by PHMSA's field operations in 2009, 2010, and 2011, revealed that some high- and low- pressure cylinders serviced by Atlas Fire Protection were marked and represented as requalified (visually inspected and hydrostatically tested) in accordance with HMR
when the appropriate inspections and tests were not performed. PHMSA determined during its investigations that: (1) Atlas Fire Protection is not approved or authorized to requalify DOT-specification cylinders or mark such cylinders as requalified; (2) Atlas Fire Protection applied
requalification markings to cylinders that were not subjected to the required inspections and tests; and (3) Atlas Fire Protection marked cylinders with a Requalifier Identification Number (RIN) B243 that was not issued to them, but rather to another company, Fire-X Corporation, Norfolk, VA. The unauthorized markings (B243) applied by Atlas Fire Protection were stamped into the cylinder and include a month and the last two digits of the year. In the case of low pressure fire extinguishers, the markings may appear on an adhesive label with holes punched through the month, year, and hydrostatic test indicator. Only cylinders serviced by Atlas Fire Protection are suspect.

Anyone in possession of a cylinder that was serviced by Atlas Fire Protection and marked with test dates of 2007 through 2011 and has not had the cylinder requalfied by a DOT approved equalification facility since then, should consider the cylinder unsafe and not fill it with a
hazardous material unless the cylinder is first properly requalified by a DOT approved requalification facility.

http://www.gpo.gov/fdsys/pkg/FR-2011-09-08/html/2011-22892.htm

Final Rule HM-218F / Update & Clarify
PHMSA is amending the Hazardous Materials Regulations to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations. PHMSA anticipates that the amendments contained in this rule will generate economic benefits to the regulated community.

Effective Date: This final rule is effective on August 19, 2011.Voluntary compliance with all these
amendments, including those with delayed mandatory compliance, is authorized as of July 20, 2011. The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of August 19, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and Rulemaking Branch, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

http://www.gpo.gov/fdsys/pkg/FR-2011-07-20/html/2011-17687.htm

Final Rule HM-238 Storage of Explosives
In this final rule, PHMSA, in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is approving the use of the National Fire Protection Association Standard (NFPA) 498--Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010 Edition) for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3

explosives.

Effective Date: July 7, 2011.

http://www.gpo.gov/fdsys/pkg/FR-2011-06-07/html/2011-13837.htm

No Talking and Driving
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to restrict the use of hand-held mobile telephones,including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of
hand-held mobile telephones while driving. This rulemaking would improve health and safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

DATES: Comments must be received by June 28, 2011.

http://edocket.access.gpo.gov/2011/2011-10140.htm

Final Rule – Enhanced Enforcement Authority Procedures
PHMSA is implementing enhanced inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. This final rule establishes procedures for issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard; opening packages to identify undeclared or non-compliant shipments, when the person in possession of the package refuses a request to open it; and the temporary detention and inspection of potentially non-compliant packages. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will enhance DOT's existing enforcement authority and allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry.

This final rule is effective May 2, 2011.
http://edocket.access.gpo.gov/2011/2011-4270.htm

Final Rule HM-256: No Texting & Driving While Hauling Hazmat
SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is prohibiting texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services "Select Agents and Toxins'' regulations. Additionally, in accordance with requirements adopted on September 27, 2010 by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving. This rulemaking improves the health and safety on the Nation's highways by reducing the prevalence of distracted

driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

DATES: This final rule is effective March 30, 2011.
http://edocket.access.gpo.gov/2011/2011-4273.htm

HM-245 Final Rules Cargo Tanks Special Permits
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations by incorporating provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. The revisions are intended to provide wider access to the regulatory flexibility offered in the special permits and eliminate the need for numerous renewal requests, thereby facilitating commercial activity and reducing paperwork burdens while continuing to maintain an appropriate level of safety.

The effective date of this final rule is March 3, 2011
http://edocket.access.gpo.gov/2011/2011-2014.htm

HM-215K Final Rule / Harmonization / LTD QTY / ORM D & Much More
PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments includng changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organizations Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods - Modal Regulations.

Effective date: January 19, 2011
http://edocket.access.gpo.gov/2011/2010-33324.htm

HM-233B Special Permits Final Rule
PHMSA is revising its procedures for applying for a special permit to require and applicant to provide sufficient information about its operations to enable the agency to evaluate the applicants fitness and the safety impact of operations that would be authorized in the special permit. In addition, PHMSA is providing an on-line application option.

Effective date: March 7, 2011. Voluntary compliance authorized as of January 5, 2011
http://edocket.access.gpo.gov/2011/2010-33316.htm

HM-231 - Packaging Closure Instructions
On February 2, 2010, the Pipeline and Hazardous Materials Safety Administration published a final rule amending the Hazardous Materials Regulations to: Revise several packaging related definitions; add provisions to allow more flexibility when preparing and transmitting closure instructions, including conditions under which closure instructions may be transmitted electronically; add a requirement for shippers to retain packaging closure instructions; incorporate new language that allows for a practicable means of stenciling the United Nations (UN) symbol on packagings; and clarify a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design. The February 2 final rule also incorporated requirements for the construction, maintenance, and use of Large Packagings. This final rule responds to one petition for reconsideration and four appeals submitted in response to the February 2 final rule and also corrects several errors that occurred in that rulemaking.

Effective Date: October 1, 2010
http://edocket.access.gpo.gov/2010/2010-24336.htm

PHMSA Removes Expiration Date for Classification of Explosives and Other Classes
In 2005, PHMSA initiated a policy imposing a 5-year expiration date on firework classification approvals to ensure that background information supporting the approval is current and applicable, information is up-to-date and complete, obsolete approvals are eliminated from the PHMSA database, and approvals are amended with new requirements and/or methods as necessary. In 2009, this policy was extended to include all types of classification approvals, including explosives, oxidizing substances, organic peroxide materials and self-reactive substances. PHMSA is changing its policy and eliminating expiration dates for classification approvals because the policy has had unanticipated effects since its implementation. For instance, explosives assigned EX numbers, and self-reactive materials and organic peroxide materials, assigned CA numbers, have a shelf life far beyond the 5-year expiration date. Consequently, a product shipped in accordance with a classification approval with a 5-year expiration date becomes ineligible for domestic transport on the date the approval expires despite the product continuing to be safe for transport. Existing classification approvals with expiration dates will be reissued by PHMSA in accordance with the change of policy. While expiration dates for classification approvals will be eliminated, PHMSA retains the authority to issue approvals with expiration dates on a case-by-case basis.

Effective Date: September 7, 2010.
http://edocket.access.gpo.gov/2010/2010-22138.htm

6/29/16

49CFR Penalties

6/3/16

Final Rule - Miscellaneous Amendments 

1/18/16

2016 Regulatory Updates webinar presented by DGI Training Center

1/6/16

HM-260 - Editorial Corrections and Clarifications

12/22/15

Bulk Explosives

4/28/15

Emergency Response Information Requirements

2/23/15

HM-244F Compliance Extension - Lithium Battery Transportation Rules 

1/8/15

Final Rule HM-215M

11/07/14

Railroad to Approve Training Programs But Not Hazmat

08/06/14

Ebola Safety Advisory

08/06/14

Final Rule Civil Penalties / No Shipping For You!

08/06/14

Final Rule Lithium Batteries / DOT Adopts International Standards

08/04/14

49CFR Correction / Explosives

07/11/14

Final Rule Radioactive Material

03/18/14

Adoption of Certain Special Permits & Competent Authorities into Regulation

11/20/13

Safety Advisory - Class 3

10/1/13

Safety Notice - Cylinders

8/5/13

HM-254 Final Rule

7/22/13

Final Rule HM-257 / Fireworks

7/22/13

Notice & Request for Comments / Paperless Dec's

7/22/13

Safety Advisory Notice

6/6/13

Emergency Cylinder Recall

6/6/13

DOT Emergency Response Guidebook Presentation

6/5/13

Gas Cylinders

6/5/13

Cylinder Recall & Termination

4/19/13

Final Rule HM-208I / Reduction in Hazmat Fees

4/17/13

HM-258 Final Rule Penalties Revision

3/13/13

Safety Advisory

3/07/13

HM-219 Final Rule

2/13/13

FRA Final Rule FRA-2004-17530 Penalty Guidelines

2/6/13

HM-215L Correction

1/29/13

HM-215L Final Rule

1/7/13

HM-215K Revised

10/24/12

PHMSA Safety Advisory Notice - Unathorized marking of high pressure compressed gas cylinders

10/5/12

49CFR Minor Editorial Corrections

10/3/12

CFR Correction

6/25/12

Final Rule - HM 216B / Rail / Special Permits Incorporation

4/16/12

Final Rule HM-231A Closures Inner Packagings Containing Liquids

1/12/12

Safety Advisory - Marking of Compressed Cylinders

12/5/11

Emergency Restriction / Prohibition Order 11 - 14

09/08/11

Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8

07/22/11

Final Rule HM-218F / Update & Clarify

06/06/11

Final Rule HM-238 Storage of Explosives

04/29/11

No Talking and Driving

03/03/11

Final Rule - Enhanced Enforcement Authority Procedures

02/28/11

Final Rule HM-256: No Texting & Driving While Hauling Hazmat

02/02/11

HM-245 Final Rules Cargo Tanks Special Permits

01/19/11

HM215K Final Rule / Harmonization / LTD QTY / ORM-D & Much More

01/07/11

HM-233B - Special Permits Final Rule

09/30/10

HM-231 - Packaging Closure Instructions

09/07/10

PHMSA Removes Expiration Date for Classification of Explosives & other Classes

On February 16th, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released their extension of compliance date for HM-224F. PHMSA is extending for modes of transportation other than air the mandatory compliance date of a final rule published on August 6, 2014 under Docket No. HM-224F from February 6, 2015 until August 7, 2015. This revision is made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule by the February 6, 2015 mandatory compliance date.

Extension notice may be located here: http://www.phmsa.dot.gov/pv_obj_cache/pv_obj_id_2764E84FC33F1F13E365F7EAFB021561FF010200/ filename/HM_224F_Extension.pdf

B. Hazmat Employees Not Covered

FRA received two comments requesting that the rule contain explicit language that hazardous materials training is not covered by this rule. AAR recommends that FRA clearly state in the purpose and scope section that hazardous materials training is not covered by these regulations because the NPRM was not clear enough on this point. A second commenter recommends that FRA specify in the regulation that hazmat employees, hazmat employers, and hazmat training organizations and learning institutions be explicitly excluded from the regulation.

FRA's Response

FRA generally agrees with the commenters that it is better to include an explicit statement regarding the scope of the rule than to leave that issue to the preamble. However, FRA was not ambiguous in the NPRM regarding whether the proposed rule covered hazardous materials training. In the section-by-section analysis for proposed § 243.5, definition of safety-related railroad employee, FRA stated that the NPRM did not address the training of hazmat employees even though the statutory definition of safety-related railroad employee covers a hazmat employee of a railroad carrier as defined in 49 U.S.C. 5102(3). FRA proposed to decline regulating the training of hazmat employees in this rule as that training is already extensively covered by DOT regulations promulgated by the Pipeline and Hazardous Materials Safety Administration (PHMSA). See e.g., 49 CFR part 172, subpart H. The hazmat training required by PHMSA for hazmat employees mandates general familiarity with hazmat requirements, especially when the employee's duties may impact emergency responses, self-protection measures and accident prevention methods and procedures. See 49 CFR 172.200(b). FRA is satisfied that the training requirements are sufficiently addressed by PHMSA and does not believe that Congress intended for FRA to overcomplicate the existing rules governing hazmat training.

Despite the agency's clarity on this issue in the NPRM, FRA has decided to address the issue by adding a paragraph (e) to § 243.1 of this final rule that explicitly excludes hazmat training for hazmat employees and clarifies that such training can be found in 49 CFR part 172, subpart H. Paragraph (e) states that “[t]he requirements in this part do not address hazardous materials training of `hazmat employees' as defined in 49 CFR 171.8.” However, this exclusion does not mean that a hazmat employee would not be covered under any circumstances. The definition of hazmat employees in PHMSA's regulation is so broad that it encompasses railroad signalmen, railroad maintenance-of-way employees, and even locomotive engineers if they operate a vehicle used to transport hazmats. FRA certainly intends to cover the training for these “safety-related railroad employees” when they are doing safety-related tasks, even if these types of employees may also be defined by PHMSA as hazmat employees and require additional training under PHMSA's regulations. See§ 243.5 (defining “safety-related tasks”). In other words, paragraph (e) is intended to be read so that a hazmat employee will need to be trained in accordance with this part to the extent that the employee is doing safety-related tasks that are not covered by hazmat training required elsewhere in 49 CFR Subtitle B. Subtitle B encompasses other regulations relating to transportation, including hazmat training regulated by PHMSA found at 49 CFR part 172, subpart H. The training required by PHMSA does not overlap with the training required by this final rule.Show citation box

FRA disagrees with the comment recommending that FRA specify in the regulation that hazmat employees, hazmat employers, and hazmat training organizations and learning institutions be explicitly excluded from the regulation. FRA declines to accept this comment because it is too broad and may have implications beyond what the commenter intended. That is, if the recommendation were adopted as suggested by the commenter, the rejected requirement could be viewed as excluding any railroad (or employer) employing a hazmat employee instead of excluding just the hazmat training for those hazmat employees. For that reason, FRA has rejected that recommendation.

https://www.federalregister.gov/articles/2014/11/07/2014-26290/training-qualification-and-oversight-for-safety-related-railroad-employees

This Safety Advisory provides guidance on the U.S. Department of Transportation's (DOT) Hazardous Materials Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer and transport materials contaminated or suspected of being contaminated with the Ebola virus. 

https://www.federalregister.gov/articles/2014/10/30/2014-25778/safety-advisory-packaging-and-handling-ebola-virus-contaminated-infectious-waste-for-transportation

Final Rule Civil Penalties / No Shipping For You!

PHMSA is amending its hazardous materials procedural regulations. Specifically, this final rule prohibits a person who fails to pay a civil penalty as ordered, or fails to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations until payment is made.

https://www.federalregister.gov/articles/2014/08/07/2014-18617/hazardous-materials-failure-to-pay-civil-penalties

Final Rule Lithium Batteries / DOT Adopts International Standards

In this final rule, PHMSA is revising requirements in the HMR applicable to the transport of lithium cells and batteries consistent with the UN Model Regulations, the ICAO Technical Instructions and the IMDG Code. The final rule:

(1) Replaces equivalent lithium content with Watt-hours for lithium ion cells and batteries;

(2) adopts separate shipping descriptions for lithium metal batteries and lithium ion batteries;

(3) revises provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment;

Show citation box

(4) revises the requirements for the transport of lithium batteries for disposal or recycling;

(5) harmonizes the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the IMDG Code; and

(6) adopts new provisions for the transport of damaged, defective, and recalled lithium batteries.

https://www.federalregister.gov/articles/2014/08/06/2014-18146/hazardous-materials-transportation-of-lithium-batteries

 

49CFR Correction / Explosives

https://www.federalregister.gov/articles/2014/07/25/2014-17663/shippers-general-requirements-for-shipments-and-packagings

Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2013, on page 527, in § 173.62, in paragraph (c)(5), at the end of the Table of Packing Methods, packing instruction US 1 is reinstated to read as follows:

§ 173.62 Specific packaging requirements for explosives.

* * * * *

(c) * * *

(5) * * *

Table of Packing Methods Back to Top

*******  

US 1 1. A jet perforating gun, charged, oil well may be transported under the following conditions: a. Initiation devices carried on the same motor vehicle or offshore supply vessel must be segregated; each kind from every other kind, and from any gun, tool or other supplies, unless approved in accordance with § 173.56. Segregated initiation devices must be carried in a container having individual pockets for each such device or in a fully enclosed steel container lined with a non-sparking material. No more than two segregated initiation devices per gun may be carried on the same motor vehicle. b. Each shaped charge affixed to the gun may not contain more than 112 g (4 ounces) of explosives. c. Each shaped charge if not completely enclosed in glass or metal, must be fully protected by a metal cover after installation in the gun. d. A jet perforating gun classed as 1.1D or 1.4D may be transported by highway by private or contract carriers engaged in oil well operations. (i) A motor vehicle transporting a gun must have specially built racks or carrying cases designed and constructed so that the gun is securely held in place during transportation and is not subject to damage by contact, one to the other or any other article or material carried in the vehicle; and (ii) The assembled gun packed on the vehicle may not extend beyond the body of the motor vehicle. e. A jet perforating gun classed as 1.4D may be transported by a private offshore supply vessel only when the gun is carried in a motor vehicle as specified in paragraph (d) of this packing method or on offshore well tool pallets provided that: (i) All conditions specified in paragraphs (a), (b), and (c) of this packing method are met; (ii) The total explosive contents do not exceed 90.8 kg (200 pounds) per tool pallet; (iii) Each cargo vessel compartment may contain up to 90.8 kg (200 pounds) of explosive content if the segregation requirements in § 176.83(b) of this subchapter are met; and (iv) When more than one vehicle or tool pallet is stowed “on deck” a minimum horizontal separation of 3 m (9.8 feet) must be provided. 

 

Final Rule Radioactive Materials

PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is amending requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication “Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1.” The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.

https://www.federalregister.gov/articles/2014/07/11/2014-15514/hazardous-materials-compatibility-with-the-regulations-of-the-international-atomic-energy-agency-rrr

Safety Advisory- Class 3

PHMSA and FRA are issuing this safety advisory as a follow-up to the agencies' joint safety advisory published on August 7, 2013 and FRA's Emergency Order No. 28 published that same day, both of which relate to the July 6, 2013, catastrophic accident in Lac-Mégantic, Quebec. In this safety advisory, PHMSA and FRA are reinforcing the importance of proper characterization, classification, and selection of a packing group for Class 3 materials, and the corresponding requirements in the Federal hazardous materials regulations for safety and security planning. In addition, we are reinforcing that we expect offerors by rail and rail carriers to revise their safety and security plans required by the Federal hazardous materials regulations, including the required risk assessments, to address the safety and security issues identified in FRA's Emergency Order No. 28 and the August 7, 2013, joint Safety Advisory.

https://www.federalregister.gov/articles/2013/11/20/2013-27785/safety-and-security-plans-for-class-3-hazardous-materials-transported-by-rail

Safety Notice - Cylinders

This is to notify the public that PHMSA has confirmed that Komer Carbonic Corp., 12120 Cloverdale Street, Detroit, MI 48021, improperly filled and offered for transportation high pressure compressed gas cylinders (DOT Specification 3A, 3AA and 3AL) without verifying that they met the appropriate safety requirements for continued use. The US DOT PHMSA was alerted on July 5, 2013 and verified on July 9, 2013 that Komer CarbonicCorp. filled and transported compressed gas cylinders without verifying their suitability for continued service. Komer Carbonic Corp. fills and offers cylinders containing Carbon dioxide, for restaurants and other establishments.

https://www.federalregister.gov/articles/2013/09/24/2013-23080/safety-advisory-unauthorized-filling-of-compressed-gas-cylinders

Final Rule HM-254

Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat-belt pretensioners. The revisions incorporate the provisions of two special permits into the regulations. In addition, PHMSA is amending the current approval and documentation requirements for a material classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner. These revisions are intended to reduce the regulatory burden on the automotive industry and facilitate commerce, while continuing to maintain an equivalent level of safety.

https://www.federalregister.gov/articles/2013/07/30/2013-18263/hazardous-materials-approval-and-communication-requirements-for-the-safe-transportation-of-air-bag

Final Rule HM-257 / Fireworks

PHMSA is revising the Hazardous Materials Regulations applicable to the approval of Division 1.4G consumer fireworks (UN0336 Fireworks) and establishing DOT-approved fireworks certification agencies that provide an alternative to the approval process for Division 1.4G consumer fireworks. PHMSA is also reformatting the procedural regulations pertaining to certification agencies. These actions clarify regulations with respect to PHMSA's fireworks approval process and provide regulatory flexibility in seeking authorization for the transportation of Division 1.4G consumer fireworks.

https://www.federalregister.gov/articles/2013/07/16/2013-16986/hazardous-materials-revision-to-fireworks-regulations-rrr

Notice & Request for Comments / Paperless Dec's

PHMSA invites volunteers for a pilot program to evaluate the effectiveness of paperless hazard communications systems and comments on an information collection activity associated with the pilot program. “Moving Ahead for Progress in the 21st Century Act” (MAP-21) authorizes PHMSA to conduct a pilot program to evaluate the feasibility and effectiveness of using paperless hazard communications systems. In accordance with MAP-21, in conducting the pilot projects, PHMSA may not waive the current shipping paper requirements. In addition, MAP-21 indicates that PHMSA must consult with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Upon completion of the pilot projects, PHMSA must evaluate the feasibility and effectiveness of paperless hazard communications systems and make a recommendation to Congress regarding regulatory changes that would permanently authorize the use of paperless hazard communications systems. The report is due to Congress by October 1, 2014. The intent of this notice is to: (1) Describe the current regulatory requirements for shipping papers; (2) describe authority granted under MAP-21; (3) explain the goal, scope, and intent of the pilot program; (4) seek volunteers to participate in the pilot projects and describe criteria for selecting pilot participants from the volunteers; and (5) seek comment on the request for information to be collected in conducting the pilot projects and in consulting with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Information gathered will enable PHMSA to generate a report to Congress detailing: (1) The performance of each paperless hazard communications system tested during the pilot projects; (2) PHMSA's assessment of the safety and security impacts on stakeholders; (3) the associated costs and benefits; and (4) PHMSA's regulatory recommendation(s).

https://www.federalregister.gov/articles/2013/07/19/2013-17363/paperless-hazard-communications-pilot-program

Safety Advisory Notice

This is to notify the public that PHMSA has confirmed that North American Coil and Beverage Group, 15641 E 10 Mile Road, Eastpointe, MI, 48021, improperly filled and offered for transportation high pressure compressed gas cylinders without verifying that they met the appropriate safety requirements for continued use. The Eastpointe Michigan Fire Department alerted the Michigan State Police, who in turn alerted PHMSA of an incident on June 25, 2013, in which a high pressure DOT 3A 1800 cylinder filled and provided by North American Coil and Beverage Group with carbon dioxide catastrophically burst at Sullivan's Bar in Eastpointe, Michigan

https://www.federalregister.gov/articles/2013/07/17/2013-17121/safety-advisory-unauthorized-filling-of-compressed-gas-cylinders

Emergency Recall Order - Cylinders

This notice publishes Emergency Recall Order 2013-002 (DOT Docket Number PHMSA-2013-0123), issued on May 24, 2013 to The Lite Cylinder Company, Inc. The Office of Hazardous Materials Safety issued this Emergency Order pursuant to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(c), and is published in accordance with 49 CFR 109.19(f)(2)(iv). Emergency Order 2013-002 mandates a recall of (1) all cylinders manufactured by The Lite Cylinder Company, Inc. and marked as authorized under DOT-SP 14562 (and DOT-SP 13957 as authorized therein) and DOT-SP 13105, (2) any cylinder requalified under H706, and (3) any cylinders manufactured under M5729 (collectively, “the affected packaging”), and was issued after PHMSA's finding that the affected packaging constitutes, or are causing, an imminent hazard to public safety.

https://www.federalregister.gov/articles/2013/06/06/2013-13354/hazardous-materials-emergency-recall-order

Final Rule HM-208I / Reduction in Hazmat Fees

The Federal hazardous materials transportation law requires DOT to adjust the amount of the annual registration fee to account for any unexpended balance in the Hazardous Materials Emergency Preparedness (HMEP) Fund. Due to an unexpended balance that has accumulated in the Fund, PHMSA is lowering the registration fees for registration year 2013-2014 for all persons, as defined in PHMSA regulations, that transport or offer for transportation in commerce certain categories and quantities of hazardous materials. Specifically, for registration year 2013-2014 the fee for a small business or not- for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels.     Additionally, PHMSA is making an editorial change to its regulations to clarify the appropriate fee amounts; there are no substantive changes other than the addition of the fees for 2013-2014 and for 2014-2015 and later.     In order to make the change effective for the 2013-2014 registration year and thus draw down the unexpended balance as soon as possible, PHMSA is issuing this final rule without a prior notice of proposed rulemaking in accordance with good cause exemption specified in the Administrative Procedures Act. Additionally, for good cause this final rule is effective immediately.

http://www.gpo.gov/fdsys/pkg/FR-2013-04-19/html/2013-09213.htm

HM-258 Final Rule Penalties Revision

PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the ``Moving Ahead for Progress in the 21st Century Act'' (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.

DATES: Effective Date: April 17, 2013.

http://www.gpo.gov/fdsys/pkg/FR-2013-04-17/html/2013-08981.htm

HM-215K Revised

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation,
manufacturer notification, and recordkeeping requirements for certain packaging types.

DATES: Effective: January 1,

http://www.gpo.gov/fdsys/pkg/FR-2013-01-07/html/2012-31242.htm

49CFR Minor Editorial Corrections

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do
not impose new requirements.

DATES: Effective: October 5, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-10-05/html/2012-24263.htm

DEPARTMENT OF TRANSPORTATION - Pipeline and Hazardous Materials Administration
49 CFR Part 173

Shippers--General Requirements for Shipments and Packagings

CFR Correction

In Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2011, make the following corrections:


1. In Sec. 173.133, on page 539, paragraph (e) is redesignated as (c) and revised to read as follows:
Sec. 173.133 Assignment of packing group and hazard zones for Division 6.1 materials.

* * * * *
(c) Transitional provisions. The criteria for packing group
assignments in effect on December 31, 2006, may continue to be used
until January 1, 2012.
2. In Sec. 173.134, on page 543, the second paragraph (c) is removed
and (c)(2) is revised to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.

* * * * *
(c)
(2) The following materials may be offered for transportation and transported as a regulated medical waste when packaged in a rigid non-bulk packaging conforming to the general packaging requirements of Sec. Sec. 173.24 and 173.24a and packaging requirements specified in
29 CFR 1910.1030 and transported by a private or contract carrier in a vehicle used exclusively to transport regulated medical waste: (i) Waste stock or culture of a Category B infectious substance;
(ii) Plant and animal waste regulated by the Animal and Plant Health Inspection Service (APHIS);
(iii) Waste pharmaceutical materials;
(iv) Laboratory and recyclable wastes;
(v) Infectious substances that have been treated to eliminate or neutralize pathogens;
(vi) Forensic materials being transported for final destruction;
(vii) Rejected or recalled health care products;
(viii) Documents intended for destruction in accordance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements; and
(ix) Medical or clinical equipment and laboratory products provided they are properly packaged and secured against exposure or contamination. Sharps containers must be securely closed to prevent leaks or punctures.
* * * * *

[FR Doc. 2012-24294 Filed 9-28-12; 11:15 am]BILLING CODE 1505-01-D

http://www.gpo.gov/fdsys/pkg/FR-2012-10-02/html/2012-24294.htm

Final Rule - HM 216B / Rail / Special Permits Incorporation

The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding rail special permits that have general applicability and established safety records. Special permits allow a company or an individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. Incorporating the special
permits discussed in this rulemaking will provide users of the regulations with wider access to the regulatory flexibility offered in these special permits, eliminate the need for numerous renewal
requests, reduce paperwork burdens, and facilitate commerce while maintaining an appropriate level of safety. This rulemaking will also respond to two petitions for rulemaking, P-1497, concerning the use of electronic shipping papers, and P-1567, concerning the removal of the
Association of American Railroad's AAR-600 portable tank program for previously adopted standards that meet or exceed the AAR-600 requirements.

Effective date: July 25, 2012. PHMSA is authorizing voluntary compliance beginning June 25, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-06-25/html/2012-13960.htm

Final Rule HM-231A Closures Inner Packagings Containing Liquids

PHMSA is amending the Hazardous Materials Regulations to
require closures of inner packagings containing liquids within a
combination packaging intended for transportation by aircraft to be
secured by a secondary means or, where a secondary closure cannot be
applied or it is impracticable to apply, permit the use of a leakproof
liner. These amendments are consistent with the 2011-2012 edition of
the International Civil Aviation Organization Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions).

This rule is effective July 1, 2012.
Voluntary compliance with all amendments are authorized May 16, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-04-16/html/2012-8978.htm

Safety Advisory - Marking of Compressed Cylinders

This is to notify the public that PHMSA has confirmed that Spears Fire & Safety, 287 Jackson Plaza, Ann Arbor, MI improperly requalified and marked high pressure compressed gas cylinders. During a recent investigation, PHMSA determined that between November 2008 and October 2011, Spears Fire & Safety requalified and marked with a Requalifier Identification Number (RIN) ``B037'' approximately 7,740 DOT specification cylinders after its authority to requalifiy high pressure cylinders expired on October 31, 2008. Additionally the investigation revealed that during this period, Spears Fire & Safety (1) failed to condemn cylinders with a permanent expansion greater than 10% of total expansion, (2) on multiple occasions did not maintain the minimum test pressure for the required time and (3) improperly repeated pressure tests on cylinders required to be condemned. Cylinders that have not been properly requalified and marked in accordance with the HMR may not be filled with compressed gas or other hazardous material.

FOR FURTHER INFORMATION CONTACT: Spears Fire & Safety, Mr. Robert Pate, Manager, 287 Jackson Plaza, Ann Arbor, MI, Telephone (734) 633-4133.

http://www.gpo.gov/fdsys/pkg/FR-2012-01-12/html/2012-394.htm

Emergency Restriction / Prohibition Order 11 - 14

This notice publishes Emergency Restriction/Prohibition Order 2011-001 (DOT Docket Number PHMSA-2011-0303), issued on November 17, 2011 to a number of entities, including Rainbow of Hope. This Emergency Order was issued by the Office of Hazardous Materials Safety pursuant
to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(a), and is published in accordance with 49 CFR Sec. 109.19. Emergency Order 2011-001 prohibits the filling, offering, and transportation of cylinders containing TyLar gas, and was issued in response to a pattern of
explosions that constitute an imminent hazard under 49 CFR 109.1.

Effective Date: November 17, 2011.

http://www.gpo.gov/fdsys/pkg/FR-2011-12-05/html/2011-31054.htm

Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8

Investigations conducted by PHMSA's field operations in 2009, 2010, and 2011, revealed that some high- and low- pressure cylinders serviced by Atlas Fire Protection were marked and represented as requalified (visually inspected and hydrostatically tested) in accordance with HMR
when the appropriate inspections and tests were not performed. PHMSA determined during its investigations that: (1) Atlas Fire Protection is not approved or authorized to requalify DOT-specification cylinders or mark such cylinders as requalified; (2) Atlas Fire Protection applied
requalification markings to cylinders that were not subjected to the required inspections and tests; and (3) Atlas Fire Protection marked cylinders with a Requalifier Identification Number (RIN) B243 that was not issued to them, but rather to another company, Fire-X Corporation, Norfolk, VA. The unauthorized markings (B243) applied by Atlas Fire Protection were stamped into the cylinder and include a month and the last two digits of the year. In the case of low pressure fire extinguishers, the markings may appear on an adhesive label with holes punched through the month, year, and hydrostatic test indicator. Only cylinders serviced by Atlas Fire Protection are suspect.

Anyone in possession of a cylinder that was serviced by Atlas Fire Protection and marked with test dates of 2007 through 2011 and has not had the cylinder requalfied by a DOT approved equalification facility since then, should consider the cylinder unsafe and not fill it with a
hazardous material unless the cylinder is first properly requalified by a DOT approved requalification facility.

http://www.gpo.gov/fdsys/pkg/FR-2011-09-08/html/2011-22892.htm

Final Rule HM-218F / Update & Clarify
PHMSA is amending the Hazardous Materials Regulations to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations. PHMSA anticipates that the amendments contained in this rule will generate economic benefits to the regulated community.

Effective Date: This final rule is effective on August 19, 2011.Voluntary compliance with all these
amendments, including those with delayed mandatory compliance, is authorized as of July 20, 2011. The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of August 19, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and Rulemaking Branch, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

http://www.gpo.gov/fdsys/pkg/FR-2011-07-20/html/2011-17687.htm

Final Rule HM-238 Storage of Explosives
In this final rule, PHMSA, in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is approving the use of the National Fire Protection Association Standard (NFPA) 498--Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010 Edition) for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3

explosives.

Effective Date: July 7, 2011.

http://www.gpo.gov/fdsys/pkg/FR-2011-06-07/html/2011-13837.htm

No Talking and Driving
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to restrict the use of hand-held mobile telephones,including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of
hand-held mobile telephones while driving. This rulemaking would improve health and safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

DATES: Comments must be received by June 28, 2011.

http://edocket.access.gpo.gov/2011/2011-10140.htm

Final Rule – Enhanced Enforcement Authority Procedures
PHMSA is implementing enhanced inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. This final rule establishes procedures for issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard; opening packages to identify undeclared or non-compliant shipments, when the person in possession of the package refuses a request to open it; and the temporary detention and inspection of potentially non-compliant packages. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will enhance DOT's existing enforcement authority and allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry.

This final rule is effective May 2, 2011.
http://edocket.access.gpo.gov/2011/2011-4270.htm

Final Rule HM-256: No Texting & Driving While Hauling Hazmat
SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is prohibiting texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services "Select Agents and Toxins'' regulations. Additionally, in accordance with requirements adopted on September 27, 2010 by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving. This rulemaking improves the health and safety on the Nation's highways by reducing the prevalence of distracted

driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

DATES: This final rule is effective March 30, 2011.
http://edocket.access.gpo.gov/2011/2011-4273.htm

HM-245 Final Rules Cargo Tanks Special Permits
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations by incorporating provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. The revisions are intended to provide wider access to the regulatory flexibility offered in the special permits and eliminate the need for numerous renewal requests, thereby facilitating commercial activity and reducing paperwork burdens while continuing to maintain an appropriate level of safety.

The effective date of this final rule is March 3, 2011
http://edocket.access.gpo.gov/2011/2011-2014.htm

HM-215K Final Rule / Harmonization / LTD QTY / ORM D & Much More
PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments includng changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organizations Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods - Modal Regulations.

Effective date: January 19, 2011
http://edocket.access.gpo.gov/2011/2010-33324.htm

HM-233B Special Permits Final Rule
PHMSA is revising its procedures for applying for a special permit to require and applicant to provide sufficient information about its operations to enable the agency to evaluate the applicants fitness and the safety impact of operations that would be authorized in the special permit. In addition, PHMSA is providing an on-line application option.

Effective date: March 7, 2011. Voluntary compliance authorized as of January 5, 2011
http://edocket.access.gpo.gov/2011/2010-33316.htm

HM-231 - Packaging Closure Instructions
On February 2, 2010, the Pipeline and Hazardous Materials Safety Administration published a final rule amending the Hazardous Materials Regulations to: Revise several packaging related definitions; add provisions to allow more flexibility when preparing and transmitting closure instructions, including conditions under which closure instructions may be transmitted electronically; add a requirement for shippers to retain packaging closure instructions; incorporate new language that allows for a practicable means of stenciling the United Nations (UN) symbol on packagings; and clarify a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design. The February 2 final rule also incorporated requirements for the construction, maintenance, and use of Large Packagings. This final rule responds to one petition for reconsideration and four appeals submitted in response to the February 2 final rule and also corrects several errors that occurred in that rulemaking.

Effective Date: October 1, 2010
http://edocket.access.gpo.gov/2010/2010-24336.htm

PHMSA Removes Expiration Date for Classification of Explosives and Other Classes
In 2005, PHMSA initiated a policy imposing a 5-year expiration date on firework classification approvals to ensure that background information supporting the approval is current and applicable, information is up-to-date and complete, obsolete approvals are eliminated from the PHMSA database, and approvals are amended with new requirements and/or methods as necessary. In 2009, this policy was extended to include all types of classification approvals, including explosives, oxidizing substances, organic peroxide materials and self-reactive substances. PHMSA is changing its policy and eliminating expiration dates for classification approvals because the policy has had unanticipated effects since its implementation. For instance, explosives assigned EX numbers, and self-reactive materials and organic peroxide materials, assigned CA numbers, have a shelf life far beyond the 5-year expiration date. Consequently, a product shipped in accordance with a classification approval with a 5-year expiration date becomes ineligible for domestic transport on the date the approval expires despite the product continuing to be safe for transport. Existing classification approvals with expiration dates will be reissued by PHMSA in accordance with the change of policy. While expiration dates for classification approvals will be eliminated, PHMSA retains the authority to issue approvals with expiration dates on a case-by-case basis.

Effective Date: September 7, 2010.
http://edocket.access.gpo.gov/2010/2010-22138.htm

 

 



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