DGI Daily Ocean

 

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Check this page often to view regulatory updates to the IMDG Code, and information pertaining to Ocean shipments of Dangerous Goods.

 

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
3/21/16 GUIDELINES REGARDING THE VERIFIED GROSS MASS OF A CONTAINER CARRYING CARGO
3/21/16 Modification from December 2015 Supplement 
1/18/16  2016 Regulatory Updates webinar presented by DGI Training Center
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
8/6/14 Changes issued for the new IMDG regulations 37-14
8/6/14 Final Rule Lithium Batteries / DOT Adopts International Standards
9/9/13 Coast Guard - Bulk Packaging
1/7/13 HM-215K Revised
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
01/19/11 HM215K Final Rule / Harmonization / LTD QTY / ORM-D & Much More
01/07/11 HM-233B - Special Permits Final Rule
9/30/10 Coast Guard Bulk Hazardous Materials
09/30/10 HM-231 - Packaging Closure Instructions
09/29/10 Coast Guard Final Rule
 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

 

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;

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(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

Coast Guard - Bulk Packaging

The Coast Guard is amending its regulations concerning the transfer of hazardous materials to and from bulk packaging on vessels. The Coast Guard is expanding the list of bulk packaging approved for hazardous material transfers to include International Maritime Organization (IMO) Type 1 and Type 2 portable tanks, United Nations (UN) portable tanks, and Intermediate Bulk Containers (IBCs). The Coast Guard is also expanding the list of allowed hazardous materials to provide greater flexibility in the selection and use of packaging in the transportation of hazardous materials. This rule will eliminate the need to obtain special permits or Competent Authority Approvals to use IMO Type 1 or Type 2 portable tanks, UN portable tanks, or IBCs.

 

https://www.federalregister.gov/articles/2013/09/06/2013-21627/bulk-packaging-to-allow-for-transfer-of-hazardous-liquid-cargoes

 

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

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

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

Coast Guard Bulk Hazardous Materials

ACTION: Final rule.

SUMMARY: The Coast Guard is harmonizing its regulations with amendments to Chapter VI and Chapter VII of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS) that make the International Maritime Solid Bulk Cargoes (IMSBC) Code mandatory. The amendments require that all vessels subject to SOLAS, and carrying bulk solid cargoes other than grain, comply with the IMSBC Code. The Coast Guard is amending its regulations governing the carriage of solid hazardous materials in bulk to allow use of the IMSBC Code as an equivalent form of compliance for all domestic and foreign vessels operating in U.S. navigable waters. The amended Coast Guard regulations also expand the list of solid hazardous materials authorized for bulk transportation by vessel and include special handling procedures based on the IMSBC Code and existing special permits. These changes reduce the need for the current special permits required for the carriage of certain solid hazardous materials in bulk.

DATES: This final rule is effective January 1, 2011. The Coast Guard will not enforce collection of information requirements contained in this rule until the information collection is approved by the Office of Management and Budget (OMB), and the Coast Guard will publish a document in the Federal Register announcing approval of the information collection. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 1, 2011.

http://edocket.access.gpo.gov/2010/2010-25383.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

Coast Guard Final Rule

The Coast Guard is adopting, with changes, an interim rule published December 16, 2005, regarding certain dangerous cargo (CDC)and notice of arrival requirements. The interim rule defined certain dangerous cargo residue (CDC residue) as limited to certain dry cargo and made other changes to regulations in 33 CFR parts 104, 105, and 160. After reviewing comments on the interim rule, the Coast Guard issued a notice of proposed rulemaking in 2009 that proposed to change the CDC residue definition to include certain bulk liquids and liquefied gases in residue quantities, revise the definition of CDC to reflect the proposed change in the CDC residue definition, and adopt other changes introduced by the 2005 interim rule. This final rule will relieve an unnecessary burden on industry by including more lower-risk cargoes in the CDC residue category and thereby reducing the number of notice of arrival submissions required based on the cargo a vessel is carrying.

DATES: This final rule is effective October 28, 2010.

http://edocket.access.gpo.gov/2010/2010-24221.htm

Also view: Ground Updates    Air Updates

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