March 18, 2014: (FR)(HM253) PHMSA – Incorporation of Longstanding Special Permits

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The special permits affected by the final rule represent variances from current regulations on topics categorized as follows:

  • Limited quantities of liquids and solids containing ethyl alcohol.
  • Transportation of solid coal tar pitch compounds.
  • Transportation of certain ammonia solutions in UN1H1 and UN6HA1 drums.
  • Transportation of spent bleaching earth.
  • Requalification of non-DOT specification cylinders in life-saving appliances.
  • Use of regulated medical waste containers displaying alternative markings.
  • Adoption of special permits to harmonize with FAA Modernization and Reform Act of 2012.

Details:

Special Permits

  • DOT–SP 9275—Exemption of LTD QTY of materials containing Ethyl Alcohol from provisions of HMR
  • DOT–SP 11263—Class 9 solid coal pitch compounds in non-specification open-top or closed-top sift proof metal cans or fiber drums.
  • DOT–SP 11836—Transportation of UN1H1 and UN6HA1 drums containing ammonia solutions that do not meet certain requirements
  • DOT–SP 12134—Authorization of exceptions for spent bleaching earth (Division 4.2 PG III)
  • DOT–SP 12825—Authorization to transport Life-saving appliances, self- inflating, containing non-specification steel cylinders between a vessel and an authorized facility for servicing.
  • DOT–SP 14479—Authorization for the use of alternative shipping names and marking requirements for regulated medical wastes.
  • Special Permits for Harmonization with the ‘‘FAA Modernization and Reform Act of 2012’’—PHMSA is adding an exception to the HMR for Oxygen cylinders and other Oxidizing cylinders transported aboard aircraft within the state of Alaska. This language will make several existing special permits no longer necessary. This includes the following special permits: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

  • CA2005120010—Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have basis weights that vary by not more than plus or minus 5% from the measured basis weight in the initial design qualification test report.
  • CA20060660005—Authorization to manufacture, mark, and sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall basis weights that vary by plus or minus 5% from the nominal basis weights reported in the initial design qualification test report.
  • CA2006060006—Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard components that have individual containerboard basis weights that vary by plus or minus 5% from the nominal basis weight reported in the initial design.
  • CA2006010012—Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard basis weight that vary by plus or minus 5% from the nominal basis weight reported in the initial design qualification test report.

Revision to Approvals Renewals

PHMSA is revising this section to allow for approval holders applying for a timely renewal to continue using their approval after the expiration date if they apply within 60 days of the expiration dates.

March 14, 2014: (NPRM) – PHMSA extends comment period on the Adoption of ASME Code Section XII and the National Board Inspection Code

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PHMSA extends to April 30, 2014 the comment period for the proposed rulemaking published on 12/30/2013 in response to petitions submitted by industry requesting incorporation of ASME Code Section XII and the 2013 NBIC as an alternative to Section VIII, Division 1 and current HMR requirements in part 178 for the design of cryogenic portable tanks and cargo tank motor vehicles, part 179 for the design of ton tanks and part 180 for continuing qualification of the those packages. They will also consider comments filed late to the extent possible.

March 6, 2014: (EO) USDOT – Amendment to Emergency Prohibition Order from 02/25/2014

The United States Department of Transportation has issued an amendment to the Emergency Prohibition Order originally issued February 25, 2014 regarding the transportation by rail of UN 1267 Petroleum Crude Oil. The intention of this amendment is to clarify the requirements outlined in the original EO and this amendment entirely supersedes the previously issued emergency order.

DOT has clarified the following requirements:

1. "Ensure that the material is properly tested (conducted with sufficient frequency and quality) and classed in accordance with the Amended EO and the HMR."

Please note that this is not a new requirement and has been in the regulations for many years. Also note that the emergency order does not specify what the testing frequency should be but they do stipulate that boiling point and flash point testing should have been done within the "recent past" in order to properly determine the packing group.

2. [paraphrased] "Shippers of Bulk quantities of petroleum crude oil for transportation commerce by rail in tank cars ….shall ensure that shipments by rail of UN 1267, petroleum crude oil, Class 3, PG Ill are transported according to the requirements for UN 1267, petroleum crude oil, Class 3, PG I or PG ll. PG Ill materials may continue to be described as PG III for the purposes of hazard communication."

This is somewhat different than the previous emergency order which seemed to require that producers classify crude oil as PG I or PG II for all transportation related functions, including on shipping papers. Now DOT is specifying that for the purposes of transportation PG III crude oil must be treated in the same manner that PG I or PG II crude oil (one can assume that this refers to package selection in particular). However shippers may still classify the material is PG III on shipping papers if in fact the crude oil is actually PG III.

3. The final provision warns shippers of material normally classified as UN 1267 Petroleum Crude Oil that is a violation of the emergency order to intentionally reclassify material with a different UN number or proper shipping name with the purpose of circumventing the emergency order.

This is merely a summary of a 19-page document so for the full details please refer to the EO itself: /a>