PHMSA Publishes HMR Harmonization NPRM – 11-27-18

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (83 FR 60970-61070) proposing to update the hazardous materials regulations (HRM) to bring them closer into harmony with various international hazardous material shipping regulations. This is a periodic regulatory update by PHMSA.

Overview

In this NPRM PHMSA proposes changes in the following areas:

• Incorporation by reference;

• Hazardous Materials Table;

• Articles containing dangerous goods;

• Lithium battery test summary;

• Baggage equipped with lithium batteries;

• Segregation of lithium batteries from specific hazardous materials; and

• Alternative criteria for classification of corrosive materials.

NOTE: The links above are to the PHMSA summaries about the changes, not the detailed discussions of those changes. Would that it were that easy.

PHMSA is not currently proposing to address the following recent changes seen in international hazmat regulations:

• Fuel gas containment systems;

• Severely damaged and defective lithium batteries;

• Road gas elements vehicles; and

• Competency-based training.

NOTE: PHMSA is specifically soliciting comments on the competency-based training issue for possible future rulemaking.

PHMSA is soliciting public comments on this NPRM. Comments must be submitted by January 28^th, 2018. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; docket # PHMSA-2017-0108).

HMR Tables

The Hazmat Table revisions are extensive. They include:

• New HMT entries (additional N.O.S. entries);

• Amendments to column (2) hazardous materials descriptions and proper shipping names;

• Amendments to column (5) packing group;

• Amendments to column (7) special provisions; and

• Amendments to column (10) vessel stowage requirements;

In addition, PHMSA is proposing changes to the following areas of the HRM related to the Hazmat Table:

• Appendix B TO § 172.101; and

• SECTION 172.102 Special Provisions;

Public Comments

PHMSA is soliciting public comments on this NPRM. Comments must be submitted by January 28^th, 2018. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; docket # PHMSA-2017-0108).