Tuesday, March 18, 2014

PHMSA Publishes Final Rule on Adoption of SP into HMR

Today DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a final rule in the Federal Register (79 FR 15033-15046) adopting selected Special Permits and Competent Authority listings into the Hazardous Materials Regulations (HMR). This action changes certain exceptions to the rules to being part of the rules.

PHMSA is incorporating all of the Special Permits (SP) listed in the NPRM into the HMR with only one change:

SP 9275 - Shipments of ethyl alcohol in quantities of 8 ounces or less are not required to be marked with the words `contains ethyl alcohol'.

PHMSA also adopted the proposed change to §175.34 that will make the following Special Permits unnecessary: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143.

The four Competent Authority approvals of packagings proposed in the NPRM are being adopted into the HMR without change.

Finally the proposed revision to §107.705(c) that would allow SP approval holders to continue to use an expired SP while PHMSA continues to review the extension application if the holder applied for an extension at least 60-days prior to the expiration of the SP has been incorporated into the HMR.

The effective date for this rule is April 17th, 2014.

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