Review - PHMSA Publishes HAZMAT Harmonization NPRM

Today DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (91 FR 5996-6071)on “Hazardous Materials: Harmonization With International Standards”. This is a periodic rulemaking to ensure that shippers see similar hazardous materials shipping requirements for domestic and international shipments.

This NPRM proposes to make changes to the following Parts of the Hazardous Materials Regulations (HMR) [links to discussions in NPRM]:

Part 171, General Information, Regulations, and Definitions,

Part 172, Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans,

Part 173, Shippers—General Requirements for Shipments and Packagings,

Part 175, Carriage by Aircraft,

Part 176, Carriage by Vessel,

Part 178, Specifications for Packagings, and

Part 180, Continuing Qualification and Maintenance of Packagings.

Additionally, PHMSA is proposing the following actions on information collection requests (ICRs) based upon proposed changes to the HMR:

Revise 2137-0034, “Shipping Papers and Emergency Response Information”, and

Revise 2137-0557, “Approvals for Hazardous Materials”.

Public Comments

PHMSA is soliciting comments about these proposed changes to the HMR. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # PHMSA-2023-0111). Comments should be received by April 13^th, 2026.

 

For more information on the provisions of this NPRM, including proposed changes to the Hazardous Materials Table, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-hazmat-harmonization-65c - subscription required.

Review - PHMSA Publishes Hazmat Harmonization NPRM – 5-29-23

The DOT’s Pipeline and Hazardous Materials Safety Administration is publishing a notice of proposed rulemaking in Monday’s (available on line today) Federal Register (88 FR 34568-34622) for “Hazardous Materials: Harmonization With International Standards”. This is a recurring rulemaking that PHMSA uses to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

Noteworthy Changes

The preamble provides a brief description of what PHMSA calls “noteworthy proposals set forth in this NPRM”. They include:

Incorporation by reference,

Hazardous Materials Table,

Polymerizing substances,

Cobalt dihydroxide powder, and

Lithium battery exceptions.

Public Comments

PHMSA is soliciting public comments on this rulemaking. Comments may be submitted via the Federal eRulemaking Portal {www.Regulations.gov; Docket # PHMSA-2021-0092 (HM-215Q)}. Comments should be submitted by July 31^st, 2023.

 

For a more detailed discussion of the proposed changes to the HMR, including links to the discussion of changes to section-by-section analysis, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-hazmat-harmonization - subscription required.

Review - PHMSA Publishes Latest Harmonization NPRM

Today DOT’s Pipeline and Hazardous Material Safety Administration published a notice of proposed rulemaking (NPRM) in the Federal Register (86 FR 43844-43898) for “Hazardous Materials: Harmonization With International Standards”. This is a periodic rulemaking effort to ensure that the Hazardous Materials Regulations (HMR) maintain alignment with international regulations and standards. The proposed amendments include “changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.”

PHMSA is soliciting public comments on the proposed rule. Comments may be submitted via the Federal eRulemaking portal {www.Regulations.gov; PHMSA-2019-0030 (HM-215P)}. Comments should be submitted by October 12^th, 2021.

For a more detailed listing of the proposed changes, with links to the appropriate discussions within the NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-latest-harmonization - subscription required.

PHMSA Harmonization Rule – SADT-SAPT Provisions

Yesterday I noted that the provisions of the new PHMSA harmonization rule for 49 CFR 173.21(f) would not take effect until January 2, 2023. In a limited sense, this is true, but the reality is much more complicated.

Background

There was no mention of §173.21(f) in the notice of proposed rulemaking (NPRM) for this rule.

The last change to that section was made by the previous harmonization rule that was finalized on March 30^th, 2017. That change set the ‘forbidden temperature’ for both self-accelerating decomposition reactions and self-acceleration polymerization reactions at less than, or equal to 50˚ C. Earlier versions had set the ‘forbidden temperature’ for polymerization reactions at less than, or equal to 54˚ C.

That change was made to make the Hazardous Material Regulation (HMR) “consistent with existing requirements for Division 4.1 (self-reactive) and Division 5.2 (Organic peroxide) hazardous materials, as well as the 19th Revised Edition of UN Model Regulations for the transport of polymerizing substances in packages and IBCs, which requires temperature control in transport if the SAPT is 45 °C (113 °F) only for polymerizing substances offered for transport in portable tanks.”

Because PHMSA was continuing to conduct investigations to justify that harmonization change, they included a ‘expiration’ of that change set at January 2^nd, 2019. The revision to the pre-2017 language was automatically reflected in the ‘current’ version of 49 CFR.

Extend the Expiration

Today’s final rule actually makes two changes to §173.21(f). First, the rule re-instates the language from the earlier rule that had subsequently expired, again harmonizing the HMR with international standards. But, PHMSA’s research is still on-going, so today’s rule also includes provisions re-instating the ‘old’ (as of today) language on January 2^nd, 2023.

Commentary

If this sounds a tad bit complicated, it is because it is complicated. This is the type of problem that PHMSA frequently runs across in its efforts to keep the HMR harmonized with a variety of different international rules and standards. The international regulatory community makes every effort to keep their rules consistent, but the consensus based regulatory process ensures that a slightly different set of considerations will control the language that is adopted each time a change is made. This means that differences are certain to creep into the regulatory documents of the various entities involved.

PHMSA Publishes Harmonization Final Rule – 5-10-20

PHMSA is publishing their latest final rule on harmonizing the Hazardous Material Regulations with various international standards and rules. The rule is being published in Monday’s Federal Register (85 FR 27810-27901) which was available yesterday. The notice of proposed rulemaking (NPRM) for this action was published in November 2018.

This is a lengthy, technical and complicated rulemaking. Trying to summarize this rule in a single blog post (over even a couple of blog posts) is not worth the effort. Anyone shipping hazardous materials is going to have to dig into this document to see if any of the changes being made will affect their operations.

I will mention that there are a wide variety of changes being made to the Hazardous Material Table (49 CFR 172.101). These include:

• New entries (mainly new ‘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 (2 pages worth of changes),

• Amendments to Column (10) Vessel Stowage Requirements (even more extensive), and

• Appendix B to § 172.101—List of Marine Pollutants

This final rule is effective May 11^th, 2020 except for the changes to 49 CFR 173.21(f) [corrected section number, 5-11-20 08:50 EDT] which take effect on January 2^nd, 2023.

PHMSA Publishes New HMR Harmonization NPRM

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (81 FR 61741-61831). PHMSA is initiating this latest version of their biennial process to harmonize the HMR with international regulations and standards. According to the Executive Summary, PHMSA is proposing to amend the Hazardous Materials Regulations (HMR) “to maintain consistency with international regulations and 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”.

Changes

The proposed changes include:

• Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards;

• Hazardous Materials Table (HMT): PHMSA proposes amendments to the §172.101 Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous Goods List of the 19th • Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions;

• Provisions for Polymerizing Substances: PHMSA proposes to revise the HMT consistent with amendments adopted into the UN Model Regulations, including adding to the HMT four new Division 4.1 entries for polymerizing substances;

• Modification of the Marine Pollutant List: PHMSA proposes to modify the list of marine pollutants in appendix B to §172.101 based upon changes to the IMDG Code and evaluation of listed materials;

• Packaging Requirements for Water-Reactive Materials Transported by Vessel: PHMSA proposes various amendments to packaging requirements for vessel transportation of water-reactive substances consistent with requirements in the IMDG Code;

• Hazard Communication Requirements for Lithium Batteries: PHMSA proposes to revise hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations;

• Engine, Internal Combustion/Machinery, Internal Combustion: PHMSA proposes to harmonize the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations; and

• U.S.-Canada Regulatory Cooperation Council (RCC) Proposals: PHMSA proposes several amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC.

A number of recent changes to international regulations were specifically not included in the NPRM they include:

• Large Salvage Cylinders: The 17th Revised Edition of the UN Model Regulations includes guidelines for Competent Authorities to use when issuing approvals for salvage pressure receptacles;

• Large Packagings for Waste Aerosols: The 19th Revised Edition of the UN Model Regulations includes changes to the large packaging requirements for waste aerosols;

• Table Tennis Balls: The 19th Revised Edition of the UN Model Regulations includes a special provision assigned to “UN 2000, Celluloid” that excepts table tennis balls made of celluloid from the requirements of the Model Regulations;

• IMO Portable Tank Marking: Amendment 38-16 to the IMDG Code includes an amendment to require IMO portable tanks manufactured before January 1, 2003, to be marked with an indication of the portable tank instruction for which it meets the minimum test pressure, minimum shell thickness, pressure relief requirements, and bottom opening requirements;

• Classification Inconsistencies: The 19th Revised Edition of the UN Model Regulations includes text to address situations in which a consignor who is aware, on the basis of test data, that a substance listed by name in column 2 of the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations meets classification criteria for a hazard class or division that is not identified in the list, may with the approval of the competent authority consign the substance;

• Filling Procedures for UN Pressure Receptacles: The 19th Revised Edition of the UN Model Regulations includes text in P200 requiring the filling of pressure receptacles to be carried out by qualified staff using appropriate equipment and procedures;

• Intentionally Infected Animals: The 2017-2018 ICAO Technical Instructions adopted changes to the classification framework for infected live animals and animal materials;

• Special Aircraft Operations: The 2017-2018 ICAO Technical Instructions adopted changes to the general exceptions for hazardous materials carried by an aircraft in special aircraft operations;

• Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft: The 2015-2016 Edition of the ICAO Technical Instructions adopted enhanced safety provisions for lithium batteries transported by aircraft, effective April 1, 2016;

• Sterilization Devices Containing Nitrogen Tetroxide or Nitric Oxide: The 2017-2018 ICAO Technical Instructions adopted special provision A211 to allow for the transport of sterilization devices that contain small quantities of “UN 1067, Nitrogen dioxide” and “UN 1660, Nitric oxide, compressed” by both passenger and cargo aircraft;

• Cylinders Containing Gases for Use in Fire Extinguishers or Stationary Fire-Fighting Installations;

Interim Final Rule

PHMSA notes that a number of the international rule changes will become effective on January 1^st, 2017. With it being unlikely that this rulemaking will be complete on that date PHMSA reports that they “will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 19th Revised Edition of the UN Recommendations and the 2017-2018 Edition of the ICAO Technical Instructions”. IDMG code changes would not be included in that interim final rule since they do not become effective until January 1^st, 2018.

Polymerizing Substances

The proposed changes to the HMR for polymerizing substances includes adding special provision 387 for the four new “n.o.s.” HMT entries for polymerizing substances and to the 52 named substances in the HMT that polymerize, all of which contain the text “stabilized” as part of the proper shipping name;

The four new HMT entries for polymerizing substances that do not meet the criteria for inclusion in any other hazard class are:

• UN 3531 Polymerizing substance, solid, stabilized, n.o.s.

• UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.

• UN 3533 Polymerizing substance, solid, temperature controlled, n.o.s.

• UN 3534 Polymerizing substance, liquid, temperature controlled, n.o.s.

Commentary

The provisions for polymerizing substances are intended to ensure that chemicals that generate heat during the polymerization process (a potential hazard to the transporter) that require temperature control to prevent the polymerization are properly identified and packaged. For the 52 specifically listed materials in the HMR this is a great idea and is long overdue. Unfortunately, the same cannot be said for the four new ‘n.o.s.’ polymerizing substance entries added to the HMR.

The major problem with these entries is that there is no definition of ‘polymerizing substances’ in HMR to guide shippers in applying these new entries. The closest that we come is temperature requirements in the new Special Provision 387 or the discussion in the preamble that notes that the current 52 HMR entries that this SP apply to all contain the word ‘stabilized’ in the description. PHMSA and the international regulating community really need to provide a specific definition for ‘polymerizing substance’ for these provisions to be effective.

Public Comments

PHMSA is soliciting comments on the proposed changes to the HMR. Written comments may be submitted via the Federal eRulemaking Portal {www.Regulations.gov; Docket #PHMSA-2015-0273 (HM-215N)}. Comments should be submitted by November 7^th, 2016.

PHMSA Publishes Harmonization Final Rule

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a final rule in the Federal Register (80 FR 1075-1169) finalizing their latest effort to harmonize the US hazardous material regulations (HMR) with their equivalent international counterparts. The NPRM for this rule was published in August.

The following changes proposed in the NPRM were adopted in this final rule. There were some editorial changes made to clarify points raised during the public comments on the NPRM.

• Incorporate Revised Standards;

• Adsorbed Gas HMT Entries;

• Provide Exceptions for Marine Pollutants;

• Modification of the Marine Pollutant List;

• Revise Vessel Stowage Requirements;

• Harmonized Requirements for Lithium Batteries;

• Definition of Non-Bulk Packaging; and

• New HMT entries (large number of changes).

I made the comment in my NPRM blog post that PHMSA was under a deadline to get this final rule published by January 1^st, 2015 so that US shippers could comply with both the HMR and international regulation changes that were to become effective on that date. PHMSA missed by just a week, but covered themselves by making the effective date January 1^st and authorizing voluntary compliance as of that date. The required compliance date for this rule is January 1^st, 2016.

PHMSA Publishes Latest Harmonization NPRM

On Monday, the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (79 FR 50741-50834). This NPRM is the latest in a series of rulemakings that attempts to harmonize the US Hazardous Materials Regulations (HMR) with the rules of the various international agencies that regulate the transport of hazardous materials throughout the rest of the world. These changes are necessary to make it easier for American companies to compete in international commerce.

This proposed rulemaking will adopt various changes in international regulations including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. In addition, PHMSA is also addressing harmonization related petitions by UPS (P-1631), the Council on Safe Transportation of Hazardous Articles (P-1623), and a separate COSTHA petition (P1633).

The proposed changes include:

• Incorporate Revised Standards;

• Revise HMT Entries;

• Provide Exceptions for Marine Pollutants;

• Modification of the Marine Pollutant List;

• Clarify Hazard Communication Size Requirements;

• Revise Vessel Stowage Requirements;

• Addition of Entries for Adsorbed Gases in the Hazardous Materials Table;

• Harmonized Requirements for Lithium Batteries; and

• Definition of Non-Bulk Packaging

There are eight harmonization issues that are not being addressed in this NPRM. They are:

• Damaged, Defective, and Waste Lithium Batteries

• Dimensions on Hazard Communication Examples

• Flash Composition

• Radioactive Materials Transportation Requirements

• Discarded Packages

• Used Medical Devices

• Coolants, Conditioners, and Asphyxiates

• Gas Cartridge and Fuel Cell Testing

PHMSA is soliciting public comments on this proposed rulemaking. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2013-0260). Comments need to be submitted by October 24^th, 2014.

Oh, yes. PHMSA finds itself in an uncomfortable position. Some of the changed international regulations addressed in this rulemaking go into effect on January 1^st 2015. There is absolutely no way that this rulemaking will be completed by that time. In order to allow US businesses to domestically initiate international hazardous material shipments in accordance with those revised regulations PHMSA is planning on issuing an interim final rule late in December with an effective date of January 1^st, 2015.

In effect PHMSA is saying that the public comments that it is soliciting (as required by law) are not really expected to persuade the agency to make any significant changes to this NPRM when it goes into its final form sometime next year (or perhaps later). While this is for all practical purposes generally true for these harmonization rulemakings, it does not look good for an agency to have to publicly admit it, no matter how obliquely.

PHMSA Publishes NPRM to Harmonize HMR

Today the Pipeline and Hazardous Material Safety Administration published a notice of proposed rulemaking (NPMR) in the Federal Register (77 FR 49167-49276) with a proposal to update the Hazardous Materials Regulations (HMR) to bring it more in line with current international rules and regulations. This is part of an ongoing effort at PHMSA to ensure that US industries do not face unnecessary regulatory hurdles in conducting international business.

In this NPRM PHMSA proposes to:

• Incorporate by reference the newest versions of various international hazardous materials standards {77 FR 49168};

• Adopt changes throughout the Part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials {77 FR 49169};

• Revise, consolidate, and delete various vessel stowage codes;

• Incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs);

• Revise the HMT to include entries for chemical under pressure as well as incorporate other safety requirements including but not limited to packaging requirements, segregation requirements, quantity limitations, and filling limits;

• Add specific size requirements for identification number (i.e., “UN”, “NA”, “ID”) markings as prescribed in § 172.301 for non-bulk packages; and

• Amend the § 172.101 Hazardous Materials Table (HMT) to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limits.

PHMSA is soliciting public comments on these proposed changes. Such comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2012-0027). Such comments need to be submitted by October 15^th, 2012.