Friday, January 23, 2015

PHMSA Publishes HMR Update NPRM

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (80 FR 3787-3838). The proposed rule would make a number of changes to the US hazardous material regulations (HRM); some based upon responses to public petitions, others on responses to NTSB accident investigation recommendations and some were initiated by internal agency actions.

Petition Responses

The changes proposed in this rulemaking include responses to the following public petitions:

P-1590 – Dangerous Goods Advisory Council (DGAC) - Remove the PG II designation for certain organic peroxides, self-reactive substances and explosives in the § 172.101 Hazardous Materials Table (HMT);
P-1591 – Air Products and Chemicals, Inc - Amend the marking requirements for poisonous by inhalation shipments transported in accordance with the International Maritime Dangerous Goods (IMDG) Code or Transport Canada's Transport of Dangerous Goods (TDG) Regulations (§ 171.23);
P-1597 – DGAC- Require that emergency response telephone numbers be displayed on shipping papers numerically (§ 172.604);
P-1601 – United Parcel Service (UPS) - Amend the packaging instructions for certain shipments of nitric acid by requiring intermediate packaging for glass inner packagings (§ 173.158);
P-1604 – National Propane Gas Association (NPGA) - Extend the pressure test and internal visual inspection test period to ten years for certain MC 331 cargo tanks in dedicated propane delivery service (§ 180.407);
P-1605 – Compressed Gas Association (CGA) - Incorporate by reference in § 171.7 CGA Pamphlet G-1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition(§§ 171.7 and 173.301); and
P-1609 – Truck Trailer Manufactures Association - Clarify the requirements applicable to the testing of pressure relief devices for cargo tank motor vehicles (§ 180.407).

NTSB Recommendations

Some of the changes are based upon two recent NTSB recommendations dealing with the shipment of acetylene cylinders mounted on mobile acetylene trailers. The specific NTSB recommendations were:

H-09-01 - Modify 49 CFR § 173.301 to clearly require (1) that cylinders be securely mounted on mobile acetylene trailers and other trailers with manifolded cylinders to reduce the likelihood of cylinders being ejected during an accident and (2) that the cylinder valves, piping, and fittings be protected from multidirectional impact forces that are likely to occur during highway accidents, including rollovers; and
H-09-02 - Require fail-safe equipment that ensures that operators of mobile acetylene trailers can perform unloading procedures only correctly and in sequence.

PHMSA Initiated Changes

There is a rather extensive list of PHMSA initiated changes include in this NPRM. That list includes:

● Revise § 107.402(d)(2) to replace the term “citizen” with the term “resident.”
● Revise § 107.402(e) to require that a lighter certification agency submits a statement that the agency is independent of and not owned by a lighter manufacturer, distributor, import or export company, or proprietorship.
● Revise § 107.402(f) to require portable tank and multi-element gas container (MEGC) certification agencies to submit a statement indicating that the agency is independent of and not owned by a portable tank or MEGC manufacturer, owner, or distributor.
● Revise § 107.807 to require a cylinder inspection agency to be independent of and not owned by a cylinder manufacturer, owner, or distributor.
● Remove the entry for CGA Pamphlet C-1.1 in Table 1 to § 171.7.
● Incorporate by reference updated versions of the American Association of Railroads (AAR) Manual of Standards and Recommended Practices, Section C-III, Specifications for Tank Cars, Specification M-1002 in § 171.7.
● Revise the § 172.101 table to add Special Provision B120 to Column (7) for the entry “Calcium nitrate, UN1454.”
● Revise the entry for “Propellant, solid, UN0501” to remove vessel stowage provision 24E from Column (10B) of the HMT.
● Revise the PG II HMT entry for “UN2920, Corrosive liquids, flammable, n.o.s.,” to for consistency with the UN Model Regulations, IMDG Code, and the ICAO TI such that this entry is eligible for the limited quantity exceptions.
● Revise the PG II HMT entry for “UN3085, Oxidizing solid, corrosive, n.o.s.” for consistency with the UN Model Regulations, IMDG Code and the ICAO TI such that this entry is eligible for the limited quantity exceptions.
● Revise the HMT entries for “Trinitrophenol (picric acid), wetted,with not less than 10 percent water by mass, UN3364” and “Trinitrophenol, wetted with not less than 30 percent water, by mass, UN1344” to harmonize the HMR with the UN Model Regulations, IMDG Code, and the ICAO TI to clarify that the 500 gram limit per package does not apply to UN1344 but does apply to UN3364.
● Revise Special Provision 136, assigned to the proper shipping name “UN3363, Dangerous goods in machinery or apparatus,” in § 172.102 to include reference to Subpart G of Part 173.
● Remove reference to obsolete Special Provision 18 for the HMT entry “UN1044, Fire extinguishers” and in § 180.209(j) and provide correct cross reference to § 173.309.
● Correct a reference in § 172.201 to exceptions for the requirement to provide an emergency response telephone number on a shipping paper.
● Revise §§ 172.301(f), 172.326(d) and 172.328(e) to include the clarification that the NOT-ODORIZED or NON-ODORIZED marking may appear on packagings used for both unodorized and odorized liquefied petroleum gas (LPG), and remove the effective date of October 1, 2006 or “after September 30, 2006,” if it appears in these paragraphs, as the effective date has passed.
● Amend § 172.406(d) by clearly authorizing the use of labels described in Subpart E with a dotted or solid line outer border on a surface background of contrasting color.
● Update a mailing address in § 172.407(d)(4)(ii).
● Clarify the marking size requirements for an intermediate bulk container (IBC) that is labeled instead of placarded by replacing the bulk package marking reference in § 172.514(c) with the non-bulk marking reference, specifically, § 172.301(a)(1).
● Revise § 173.4a(a) to clarify that articles (including aerosols) are not eligible for excepted quantity reclassification under § 173.4a, although some are eligible to be shipped as small quantities by highway and rail in § 173.4.
● Revise § 173.21(e) to prohibit transportation or offering for transportation materials in the same transport vehicle (e.g., a trailer, a rail car) with another material, that could cause a dangerous evolution of heat, flammable or poisonous gases or vapors, or produce corrosive materials if mixed.
● Clarify that the requirements provided in paragraph § 173.24a(c)(1)(iv) do not apply to limited quantities packaged in accordance with § 173.27(f)(2).
● Clarify the quantity limits for mixed contents packages prepared in accordance with § 173.27(f)(2).
● Clarify the requirements applicable to bulk transportation of combustible liquids by adding new subparagraph § 173.150(f)(3)(xi) stating that the registration requirements in Subpart G of Part 107 are applicable and revising §§ 173.150(f)(3)(ix) and 173.150(f)(3)(x) for punctuation applicable to a listing of requirements.
● Add a new paragraph (j) in § 173.159 to allow shippers to prepare for transport and offer into transportation damaged wet electric storage batteries.
● Revise § 173.166(e)(6) to add the words “or cargo vessel.”
● Revise §§ 173.170 and 173.171 by changing the term motor vehicle to transport vehicle to allow for motor vehicles comprised of more than one cargo-carrying body to carry 100 pounds of black or smokeless powder reclassed as Division 4.1 in each cargo-carrying body instead of 100 pounds total in the motor vehicle.
● Revise § 173.199(a)(4) by removing the reference to the steel rod impact test in § 178.609(h).
● Clarify the Packing Method table for organic peroxide materials in § 173.225.
● Amend the bulk packaging section reference in Column (8C) of the HMT from § 173.240 to § 173.216 for the entries “Asbestos, NA2212,” “Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite) UN2212,” and “White asbestos (chrysotile, actinolite, anthophyllite, tremolite), UN2590.” In addition, we are proposing to revise paragraph (c)(1) in § 173.216 by authorizing the use of bulk packages prescribed in § 173.240.
● Add a new paragraph (d)(5) to § 173.304a, a new paragraph (h) to § 173.314 and revise § 173.315(b)(1) to require odorization of liquefied petroleum gas when contained in cylinders and rail cars.
● Amend § 173.306(k) to clarify that aerosols shipped for recycling or disposal by motor vehicle containing a limited quantity are afforded the applicable exceptions provided for ORM-D materials granted under §§ 173.306(i) and 173.156(b).
● Create a new paragraph (d) in § 175.1 stating that the HMR do not apply to dedicated air ambulance, firefighting, or search and rescue operations.
● Correct § 175.8 by adding the appropriate 14 CFR, Part 125 citations.
● Clarify exceptions for passengers, crewmembers, and air operators in paragraphs (a)(18), (a)(22), and (a)(24) of § 175.10 for the carriage of hazardous materials aboard a passenger aircraft.
● Clarify § 175.75(e)(2) by replacing the word “located” with “certificated.”
● Clarify § 176.30(a)(4) by replacing the word “packaging” with “package.”
● Clarify that the loading restrictions in § 177.835(c)(1) through (4) are applicable to § 177.848(e).
● Revise § 178.65(i)(1) to correctly reference the manufacturer's report requirements in § 178.35(g).
● Clarify § 178.337-17(a) to eliminate confusion of the name plate and specification plate requirements.
● Correct an editorial error in the formula in § 178.345-3(c)(1).
● Include provisions consistent with the non-bulk packaging and IBC approval provisions for Large Packagings in § 178.955.
● Clarify the requirements for Federal Railroad Administration (FRA) approval of tank car designs in § 179.13.
● Revise § 180.401 to replace the term “person” with “hazmat employee or hazmat employer” to clarify that Subpart E of Part 180 does not only apply to persons offering or transporting hazardous materials.

Public Comments

PHMSA is soliciting public comments on this NPRM. Comments may be submitted via the Federal eRulemaking Portal {; Docket # PHMSA-2013-0225 (HM-218H)}. Comments should be submitted by March 24th, 2015.

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