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Lite Cylinder Company - Full Emergency Recall Order & Termination Letter

On May 24, 2013, The Pipeline and Hazardous Materials Safety Administration issued Emergency Order Number 2013-002 mandating a recall of all cylinders manufactured by The Lite Cylinder Company, Inc. (Lite Cylinder), Franklin, Tennessee, and marked as authorized under DOT-SP 14562 (and DOT-SP-13957 as authorized therein), DOT-SP 13105; any cylinder requalified under H706, and any cylinders manufactured under M5729. In addition, the order applies to any person who is in possession of an affected packaging subject to this order.

The emergency order is based on an investigation of Lite Cylinder’s operations and production history that revealed probable violations and unsafe conditions and practices that PHMSA determined present an imminent hazard to the public safety. In effect, this action immediately orders the removal from service of more than 55,000 two-piece fully wrapped fiber composite cylinders. These cylinders are largely in liquefied petroleum gas service.

On the same date, PHMSA terminated the above special permits and approvals for, cylinder requalification, and manufacturer’s Registration Numbers.

Please ensure that the information contained in the attached emergency order is broadly disseminated. “

HM-206F

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

HM-215K

This document responds to administrative appeals and solicits public comment on proposals generated as a result of certain amendments adopted in an international harmonization final rule published in the Federal Register. The 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 notice, PHMSA proposes to amend 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. Further, this notice proposes amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published in the Federal Register, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types

HM-215L

PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address a petition for rulemaking.

HM-218G

PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices; eliminate unnecessary regulatory requirements; address a petition for rulemaking; incorporate a special permit into the Hazardous Materials Regulations; facilitate international commerce; and simplify the regulations. Among other provisions, PHMSA is proposing to update various entries in the Hazardous Materials Table and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and revise the training requirements to require that a hazardous material employer must make hazardous materials employee training records available upon request to an authorized official of the Department of Transportation (DOT) or the Department of Homeland Security (DHS).

HM-219

In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing to amend the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; clarify an acceptable range in specifications for resins used in the manufacture of plastic drums and Intermediate Bulk Containers (IBCs); remove the listing for "Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol, NA1203"; harmonize internationally and provide a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allow smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material to relax the regulatory requirements for these materials without compromising safety; and provide greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides "on or near the vessel's bridge" while the vessel is in a United States port. 

HM-231A

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).

HM-224F

In this document, PHMSA is seeking comment on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013-2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air (ICAO Technical Instructions). PHMSA is considering whether to harmonize with these requirements and is publishing this notice to allow interested persons an opportunity to supplement comments to our January 11, 2010, Notice of Proposed Rulemaking (NPRM).

HM-234

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is considering amendments to the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by the regulated community and a review of the regulations applicable to compressed gas cylinders. PHMSA is not proposing specific amendments to the HMR; rather, we are seeking comment on the issues discussed in the ANPRM. While this ANPRM focuses on specific petitions for rulemaking and special permits, we will accept comments on the HMR applicable to compressed gas cylinders. These comments will be combined with a retrospective review of existing requirements aimed to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome.

HM-253

PHMSA is publishing this ANPRM to identify ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the "reverse logistics" supply chain. Reverse logistics is the process that is initiated when a consumer product goes backwards in the distribution chain. It may be initiated by the consumer, the retailer, or anyone else in the chain. Therefore, the process may involve consumers, retailers, manufacturers, and even disposal facilities. Following this ANPRM, PHMSA anticipates publishing an NPRM that will propose to simplify the regulations for reverse logistics shipments and provide avenue means for regulatory compliance that maintains transportation safety. This action is part of DOT's retrospective plan under EO 13563 completed in August 2011 DOT's plan is available at: http://www.dot.gov/open/docs/dot-final-rrr-plan-08-23-2011.pdf. To fully engage the broad spectrum of stakeholders affected by reverse logistics, this ANPRM solicits comments and input on several questions in the context of reverse logistics. Any comments, data, and information received will be used to evaluate and shape the proposals in the NPRM.

HM-254

In this NPRM, PHMSA is proposing to revise the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat-belt pretensioners. The proposed changes would incorporate the provisions of two special permits into the regulations. In addition, PHMSA proposes to revise the current approval and documentation requirements for a material appropriately classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner. The proposed changes will, if adopted, reduce the regulatory burden on the automotive industry while maintaining the current level of safety.

HM-257

PHMSA is proposing to revise the Hazardous Materials Regulations applicable to the approval of Division 1.4G consumer fireworks (UN0336 Fireworks) and establish DOT-approved fireworks certification agencies that will provide an alternative to the approval process for Division 1.4G consumer fireworks. PHMSA is also proposing to revise procedural regulations pertaining to certification agencies. These proposed actions, if adopted, will 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.

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
 

IATA / ICAO

Mandatory changes for January 1, 2012.
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



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 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.


Summary of Register Changes (CFR)

Rule Effective Date Mandatory Date
Alternate Basic Description January 1, 2009 January 1, 2013
Organic Peroxide Plackarding (Hiway) December 31, 2006 January 1, 2014
Classification (PG Assignments) for 3 and 6.1 January 1, 2012
HM 215K January 19, 2011 January 1, 2012 to
January 1, 2014
HM 218F July 20, 2011 August 19, 2011

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 1-3-2012)
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