Monday’s Federal Register (available on line yesterday) contains a notice of proposed rulemaking (77 FR 64450-64461) from the Pipeline and Hazardous Material Safety Administration. The NPRM proposes to amend the Hazardous Materials Regulations (HMR) to incorporate provisions contained in certain widely used or longstanding special permits (SP) and certain competent authority (CA) approvals that have established safety records.
SPs and CAs to Incorporate
The NPRM would incorporate the following special permits into the HMR:
DOT-SP 9275 authorized the transportation in commerce of certain limited quantities of liquids and solids containing ethyl alcohol and exempts these shipments from the provisions of HMR.
DOT-SP 11263 authorizes the transportation of solid coal tar pitch compounds, Class 9, in open-top and closed-top sift-proof metal cans or fiber drums.
DOT-SP 11836 authorizes the transportation of specific ammonia solutions in specification UN1H1drums, UN3H1 jerricans, and UN6HA1 composite packagings that do not meet the provisions in Sec. Sec. 173.24 and 173.24a.
DOT-SP 12134 authorizes the transportation of spent bleaching earth as a Division 4.2, solid, PG III, exempt from the provisions of the HMR, except as specifically required by the special permit.
DOT-SP 12825 authorizes the transportation of life-saving appliances, self-inflating, that contain non-DOT specification steel cylinders for the purpose of movement between a vessel and a U.S. Coast Guard approved inflatable life raft servicing facility in conjunction with the servicing of such life-saving appliances.
DOT-SP 14479 authorizes the continued use of regulated medical waste containers manufactured before October 1, 2006 and marked with an alternative shipping name for UN 3291 and orientation arrows that deviate from prescribed specifications.
The following Competent Authority Authorizations would also be incorporated into the HMR by this NPRM:
CA2006060005 authorizes the manufacture, mark, and sale of UN5M1 and UN5M2 multi-wall paper bags with individual paper wall basis weights that vary by not more than plus or minus 5% from the nominal basis weights reported in the initial design qualification test report.
CA2006060006 authorizes the manufacture, mark, and sale of UN4G combination packagings with outer fiberboard components that have individual containerboard basis weights that vary by not more than plus or minus 5% from the nominal basis weight reported in the initial design
CA2006010012 authorizes the manufacture, mark, and sale of UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard basis weight that vary by not more than plus or minus 5% from the nominal basis weight reported in the initial design qualification test report.
FAA Modernization and Reform Act of 2012
Section 824 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95 126 Stat 130) provided specific exemptions from portions of the HMR for the transportation of certain oxidizing gasses in cylinders aboard aircraft in Alaska to communities with limited transportation access. This NPRM would add §175.34 to 49 CFR to implement this legislative exemption. In practice this eliminates the need for the following current Special Permits: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143. It does not, however, directly address these SPs.
Special Permit ICR
The incorporation of these Special Permits and Competent Authority Authorizations will eliminate the need for the holders of these exemptions and authorizations from periodically having to renew these actions. As a result PHMSA notes that the information collection request (ICR) supporting the applications (OMB # 2137-0051) will have a net decrease in the number of respondents, responses, burden hours (decrease of 434 for each) and burden costs (a decrease of $17,143). PHMSA will submit a request for a revision to this ICR to OMB based upon these decreased.