March 11, 2013: (FR) PHMSA – misc amendments

Hazardous Materials: Miscellaneous Amendments (RRR). HM-218G
This final rule is based on the NPRM dated April 26, 2012. It is part of the RRR program by DOT – a Department-wide Retrospective Regulatory Review aimed at streamlining and clarifying confusing or cumbersome regulations.
Effective Date: May 10, 2013. Voluntary Compliance Date: March 11, 2013.

The following is a list of the adopted amendments as quoted directly by PHMSA:

  • Permit designated agents for non-residents to submit designation requests by electronic mail in addition to traditional mail.
  • Add the Sulphur Institute’s (TSI) ‘‘Molten Sulphur Rail Tank Car Guidance’’ document to the list of informational materials not requiring incorporation by reference in § 171.7 (Responds to petition for rulemaking P–1581).
  • Revise the § 172.101 HMT to correct an error in the transportation requirements for entries listed under the proper shipping name, ‘‘Hydrazine Dicarbonic Acid Diazide.’’
  • Revise the § 172.101 HMT to remove the entry for ‘‘Zinc ethyl, see Diethylzinc’’ that was superseded by proper shipping names adopted in a previous rulemaking.
  • Add the entries for ‘‘Paint related material, flammable, corrosive (including paint thinning or reducing compound) ’’ UN3469, PG II, and PG III to the § 172.101 HMT that were inadvertently omitted.
  • Remove references to special provisions B72 and B74 in § 172.102.
  • Revise special provision 138 in § 172.102 to clarify the lead solubility calculation used to classify a material as a Marine Pollutant.
  • Revise the shipping paper requirements in § 172.203(e) to permit the phrase ‘‘Residue last contained’’ to be placed before or after the basic shipping description sequence, or for rail shipments, directly preceding the proper shipping name in the basic shipping description sequence.
  • Update the training recordkeeping requirements in § 172.704 to specify that a hazmat employer must make hazmat employee training records available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or of an entity explicitly granted authority to enforce the HMR.
  • Clarify that the material of trade exception in § 173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar flasks.
  • Clarify the lab pack provisions in § 173.12 pertaining to temperature-controlled materials contained in a lab pack.
  • Clarify the exceptions for external emergency self-closing valves on CTMVs in § 173.33(g) to specify that external emergency self-closing valves on MC 338 cargo tanks containing cryogenic liquids may remain open during transportation.
  • Correct an inadvertent deletion of the § 173.62 packaging requirements for explosives.
  • Incorporate special permit DOT SP–13556 into § 173.134, to authorize the transportation by motor vehicle of certain regulated medical wastes, designated as sharps, in non-DOT specification containers fitted into wheeled racks.
  • Revise the requirements for cargo air transport of alcoholic beverages § 173.150 to harmonize with the ICAO TI.
  • Clarify the exceptions in § 173.159a for non-spillable batteries secured to skids or pallets.
  • Correct regulatory citations in § 178.2(c).
  • Clarify the requirements for the Flame Penetration Resistance test specified for chemical oxygen generators and certain compressed gases in Appendix E to Part 178.
  • Clarify the inspection record requirements in § 180.416 for discharge systems of cargo tanks transporting liquefied compressed gases.

The following amendment from the same proposed rulemaking was NOT Adopted:

Closure Notification Requirements. PHMSA’s intention was to revise § 178.2(c) to clarify the applicability of the closure notification requirements for packages containing residues. Due to comments from the regulated community, these proposed changes have been dropped and PHMSA is also rescinding related letters of interpretation Reference Numbers 05–0015 and 05–0265 as they also contain misinformation.

Author: Wendy Buckley

Wendy has been in the hazardous materials industry for over 17 years. She worked for both the Federal Railroad Administration and New Jersey State Department of Transportation as a Railroad Hazardous Materials Safety Inspector. Wendy was an Investigator with the Office of Inspector General at Amtrak, a Multi-Modal HazMat Instructor and Auditor with a premier training and consulting company, and managed the Regulatory Affairs department at a multi-billion dollar, multi-national laboratory supply company. Wendy started her career as a Hazardous Materials Technician and Firefighter and today she is the President & Founder of Specialty Transportation and Regulatory Services, a hazardous materials and hazardous waste management consulting firm. Wendy has multiple degrees from several private and public Universities.