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Topics of particular interest for Hazardous Materials handlers

HM-232F

Security Training Voluntary April 8, 2010 Mandatory October 1, 2010.

HM-224F

Lithium Batteries Comments by March 12, 2010, Mandatory compliance date of 75 days after the final rule.

HM-206F

Emergency response information for shipping papers. Voluntary November 18, 2009, Mandatory October 1, 2010.

HM-215K

Hazardous Materials Miscellaneous Packaging amendments. Voluntary March 4, 2010, Mandatory October 1, 2010.

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172

Docket No. PHMSA-06-25885 (HM-232F)
RIN 2137-AE22
Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements.
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).
ACTION: Final rule.

SUMMARY: PHMSA, in consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), is modifying current security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the final rule narrows the list of materials subject to security plan requirements and reduces associated regulatory costs and paperwork burden. The final rule also clarifies certain requirements related tosecurity planning, training, and documentation. DATES: Effective date: This final rule is effective October 1, 2010.

Click here
 

Advisory Alert - September, 2009

The US Department Of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA) and the COSTHA Air Carrier Roundtable would like to remind the hazardous materials community that effective October 1, 2009, the new packaging requirements for transporting cylinders containing compressed oxygen and other oxidizing gases and packages of chemical oxygen generators must be placed in rigid outer packagings that meet the specified flame penetration and thermal resistance requirements when transported aboard an aircraft.

Click here to read the PHMSA Advisory Alert
Click here to read the Rulemaking HM-224B
 

Advisory Alert - June, 2009

Upcoming October 1, 2009 Compliance Date for Outer Packagings that Meet Certain Flame Penetration and Thermal Resistance Requirements when Transported Aboard Aircraft

IATA / ICAO

Mandatory changes for January 1, 2009.
1)  New Proper Shipping Names and Changes.
2)  New Special Provisions.
3)  New Excepted Quantity Mark.
4)  New Marking & Labeling Requirements.
5)  New Environmentally Hazardous Substance Mark.

CFR

Rulemakings and Federal Register Notices - See all the rules


PHMSA Final Rule under Docket HM-218E

Summary: PHMSA has published a final rule under Docket HM-218E containing changes related to cylinders and cargo tanks. It is interesting to note a policy statement near the end of the preamble relating to the reason for adopting the changes. It reads:

“Alternative 2: Many of the industry standards currently incorporated by reference [in the regulations] have been revised and updated to incorporate new technology and methodology. Most of the amendments would relax requirements in certain instances or allow for alternative means of compliance while still ensuring safety, clarify regulatory requirements, and make the regulatory provisions more consistent—all in furtherance of the safe transportation of hazardous materials in commerce.”

A copy of the final rule is attached: http://edocket.access.gpo.gov/2009/pdf/E9-8021.pdf
 

PHSMA (HM-232)
Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials
Final rule - Published 3/25/2003: 68 FR 14509.

Summary: Pipeline and Hazardous Materials Safety Administration (PHSMA) is establishing new requirements to enhance the security of hazardous materials transported in commerce. Shippers and carriers of certain highly hazardous materials must develop and implement security plans. In addition, all shippers and carriers of hazardous materials must assure that their employee training includes a security component.
 

Harmonization Rule Issued (HM-215J/HM-224D)
Summary:  Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
 

72 FR 55091
Hazardous Materials Regulations: Transportation of Compressed Oxygen, Other Oxidizing Gases and Chemical Oxygen Generators on Aircraft; correction; Effective Date 10/1/2008
Final rule - Published 9/29/2007

SUMMARY: On January 31, 2007, PHMSA published a final rule that amended requirements in the Hazardous Materials Regulations applicable to the air transportation of compressed oxygen cylinders and oxygen generators. In response to appeals submitted by entities affected by the January 31 final rule, this final rule amends requirements adopted in the January 31, 2007 final rule and delays the effective date of these requirements from October 1, 2007 to October 1, 2008.


72 FR 44929 (HM-224C/E)
PHMSA-02-11989 (HM-224C) and PHMSA-04-19886 (HM-224E): Hazardous Materials; Transportation of Lithium Batteries; Effective Date 1/1/2008
Final rule - Published 8/9/2007

SUMMARY: The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations (HMR) to tighten the safety standards for transportation of lithium batteries, including both primary (nonrechargeable) and secondary (rechargeable) lithium batteries. Specifically, we are adopting with minor changes the amendments to the HMR published in an interim final rule on December 15, 2004, imposing a limited prohibition on the transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft. In addition, we are adopting many of the proposed changes to the HMR published under the April 2, 2002 NPRM; (1) Eliminating a hazard communication and packaging exception for medium-size lithium cells and batteries of all types transported by aircraft or vessel; (2) revising an exception for small lithium batteries and cells of all types to require testing in accordance with the United Nations Manual of Tests and Criteria; and (3) revising an exception for consumer electronic devices and spare lithium batteries of all types carried by airline passengers and crew. These amendments will enhance transportation safety by reducing fire hazards associated with lithium batteries and harmonizing U.S. and international standards.


73 FR 38361 (HM-231-A)
SUMMARY: PHMSA and the Federal Aviation Administration (FAA) are considering changes to requirements in the Hazardous Materials Regulations applicable to non-bulk packagings used to transport hazardous materials in air transportation. To enhance aviation safety, the two agencies are seeking to identify cost-effective solutions that can be implemented to reduce incident rates and potentially detrimental consequences without placing unnecessary burdens on the regulated community. We are soliciting comments on how to accomplish these goals, including measures to: (1) Enhance the effectiveness of performance testing for packagings used to transport hazardous materials on aircraft; (2) more clearly indicate the responsibilities of shippers that offer packages for air transport in the Hazardous Materials Regulations (HMR); and (3) authorize alternatives for enhancing package integrity. We are also considering ways to simplify current requirements. Commenters are also invited to present additional ideas for improving the safe transportation of hazardous materials by aircraft.


IATA - 50th Edition Addendum
SUMMARY: IATA 50th Addition Addendum.  Posted 12/23/2008.  Effective 1/1/2009

Summary of Register Changes (CFR)

Rule Effective Date Mandatory Date
Alternate Basic Description January 1, 2009 January 1, 2013
Organic Peroxide Label December 31, 2006 January 1, 2011
Organic Peroxide Plackarding (Rail, Vessel, Aircraft) December 31, 2006 January 1, 2011
Organic Peroxide Plackarding (Hiway) December 31, 2006 January 1, 2014
Classification (PG Assignments) for 3 and 6.1 January 1, 2012
HM-25J/HM224D $$$
Requirements for Cylinders HM-220E August 10, 2005 February 17, 2006

Summary of Changes (IATA)

Rule Effective Date Mandatory Date
New LTD QTY Label.  UN # within a diamond.  (7.1.5.1) January 1, 2009 January 1, 2011
New "Cargo Aircraft Only" label. (7.4.2) January 1, 2009 January 1, 2013
New "Lithium Battery Label".  (7.4.8) January 1, 2009 January 1, 2009
New "Excepted Quantity Package Mark".  (2.7.B) January 1, 2009 January 1, 2009
New "Environmentally Hazardous Substance Mark" (7.1.6.3) January 1, 2009 January 1, 2009
New "Organic Peroxides" label (7.3.13) January 1, 2009 January 1, 2011

(Revised 1-9-2009)
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