PHMSA Publishes NPRM to Amend the HMR for Harmonization with International Standards
On May 25, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to amend the Hazardous Materials Regulations (HMR). The NPRM proposes changes resulting from administrative appeals in response to a Final Rule adopted in a January 19, 2011 Final Rule.
The current NPRM proposes a number of changes, several of which will be summarized below. First, PHMSA proposes to authorize the continued use of packagings marked “Consumer commodity, ORM-D” until December 31, 2015 for domestic highway, rail, and vessel transportation. This is an extension of one year. PHMSA’s second change addresses marking for limited quantities. Formerly, §172.315 created an exception whereby packages of limited quantities of hazardous materials transported by means other than aircraft, could be marked with a square on point containing the UN identification number of the limited quantity substance rather than the proper shipping name. The January 19, 2011 Final Rule authorized a one year transition period to authorize continued use of this marking before the revisions to the new limited quantity markings became effective (square on point with the top and bottom portions shaded black and the middle white). PHMSA now proposes to extend the use of the old square on point marking containing the limited quantity identification number until December 31, 2015. Third, with regard to “OVERPACK” marking requirements for overpacks containing limited quantity and ORM packages, PHMSA proposes to revise § 173.25(a)(6) to clarify that not all limited quantity and ORM markings must be visible and that the marking requirement is only applicable to the limited quantity and ORM mark itself.
In addition, the NPRM addresses recent changes to Part 8 of the International Civil Aviation Organization (ICAO) Technical Instructions regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters). At the 23rd meeting of the ICAO Dangerous Goods Panel (DGP), held in October 2011, the DGP recommended changing Part 8 of the ICAO Technical Instructions in regards to the possible hazardous materials which passengers or crew members may bring aboard an aircraft. PHMSA now proposes to revise § 175.10(a)(17) to make the regulations covering spare lithium ion batteries for battery-powered wheelchairs and other mobility aids consistent with those covering batteries used to power portable electronic devices and medical devices.
Finally, in a February 2, 2010 Final Rule, PHMSA required shippers to maintain a packaging’s manufacturer notifications for 365 days subsequent to offering the package for transportation. In a September 30, 2010 Final Rule, PHMSA amended the previous rule to mandate a two year record keeping requirement for combination packagings, and a one –year period for single packagings. PHMSA now proposes to revise § 178.2(c)(1)(ii) of the HMR to revert back to the original recordkeeping retention duration for manufacturer notification to the 365-day period adopted in the February 2, 2010 final rule.
Comments for the proposed rules must be received by July 24, 2012.
For further information or questions regarding the NPRM or to submit a comment, please contact Ronce Almond at (202) 457-7790.