On Thursday, June 2, 2016, PHMSA issued a final rule on HM-218H to update and clarify existing requirements and addressing seven petitions for rulemaking and two NTSB Safety Recommendations. COSTHA submitted comments to the NRPM which was issued on January 23, 2015.
Effective date: July 5, 2016 with voluntary compliance effective June 2, 2016.
Highlights of the final rule:
Multiple editorial corrections and clarifications.
- Clarified the registration requirements are applicable for bulk transportation of combustible liquids;
- Clarified the loading restrictions in §177.835(c)(1) through (4) apply to §177.848(e);
- Incorporation by reference of CGA Pamphlet G-1.6 Standard for Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011.
- Lighter certification agencies to submit a statement explaining they are not owned by a lighter manufacturer, distributor, import or export company or proprietorship.
- MEGC certification agencies must submit a statement explaining they are not owned by a portable tank or MEGC manufacturer, owner or distributor;
- DOT specification or special permit cylinder inspection agencies must also submit a statement indicating they are not owned by a cylinder manufacturer, owner or distributor.
- 172.101 Hazmat Table
- Revised to allow limited quantity exceptions for UN2920, Corrosive liquids, flammable, n.o.s., PG II, UN3085, Oxidizing solid, corrosive, n.o.s., PG II to harmonize with the UN Model regulations, IMDG Code, and the ICAO Technical Instructions;
- Removing the packing group II designation for certain organic peroxides, self-reactive substances, and explosives;
- Add special provision B120 for UN1454, Calcium nitrate;
- Remove vessel stowage provision 24E for UN0501, Propellant, solid;
- Revised entries for UN3364 and UN1344 to harmonize with the UN Model regulations, IMDG Code and ICAO TI to clarify 500 gram limit per package applies to UN3364, not UN1344;
- Remove reference to special provision 18 for UN1044, Fire extinguishers.
Marking / Labeling
- Clarification that the “NOT-ODORIZED” or “NON-ODORIZED” marking may appear on packagings used for both non-odorized and odorized liquefied petroleum gas (LPG) and removed the effective date reference;
- §172.406(d) amended to authorize the use of labels with a dotted or solid line outer border on a surface background of contrasting color;
- Clarified the marking size requirements for IBC that is labeled instead of placarded.
- Clarification that articles (including aerosols) are not eligible for excepted quantity reclassification, though some are eligible to be shipped as small quantities by highway and rail in §173.4.
- §173.159(k) new paragraph to allow shippers to prepare for transport and offer into transportation damaged wet electric storage batteries;
- New paragraph §173.314(h) requiring odorization for liquefied petroleum gas when contained in rail cars and revised §173.315(b)(1) to address odorant fade and under-odorization in certain cargo tanks;
- §173.166 Safety devices – paragraph (e)(6) revised to include “cargo vessel” as an authorized mode of transport;
- Aerosols shipped for recycling or disposal by motor vehicle, under §173.306(k), are afforded the applicable exceptions provide for ORM-D materials under §173.306(i) and §173.156(b). The packages must be marked with the limited quantity mark in §172.315(a).
Air Mode – Part 175
- Passenger and crew exceptions in §175.10 revisions including prohibition of butane-powered curling irons in checked baggage and small cartridges fitted into or securely packed with devices with no more than for small cylinders of carbon dioxide or other Division 2.2 gas are permitted for carriage by passengers and crew.
While this memo highlight multiple amendments and correction incorporated into the HMR, it is not all inclusive and we recommend each member review the ruling in its entirety to determine any impact to your operation or procedures.
The full Final Rule can be accessed by clicking HM-218H.
On May 27, 2016 PHMSA published a correction document to the Hazardous Materials Table, reinstating the following entries:
“Cyanuric triazide”, “Dinitrosobenzylamidine and salts of (dry)”, and “Power device, explosive, see Cartridges, power device”.