HM-215K Revised

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation,
manufacturer notification, and recordkeeping requirements for certain packaging types.

DATES: Effective: January 1,

http://www.gpo.gov/fdsys/pkg/FR-2013-01-07/html/2012-31242.htm

Final Rule HM-231A Closures Inner Packagings Containing Liquids

PHMSA is amending the Hazardous Materials Regulations to
require closures of inner packagings containing liquids within a
combination packaging intended for transportation by aircraft to be
secured by a secondary means or, where a secondary closure cannot be
applied or it is impracticable to apply, permit the use of a leakproof
liner. These amendments are consistent with the 2011-2012 edition of
the International Civil Aviation Organization Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions).

This rule is effective July 1, 2012.
Voluntary compliance with all amendments are authorized May 16, 2012.

http://www.gpo.gov/fdsys/pkg/FR-2012-04-16/html/2012-8978.htm

Safety Advisory - Marking of Compressed Cylinders

This is to notify the public that PHMSA has confirmed that Spears Fire & Safety, 287 Jackson Plaza, Ann Arbor, MI improperly requalified and marked high pressure compressed gas cylinders. During a recent investigation, PHMSA determined that between November 2008 and October 2011, Spears Fire & Safety requalified and marked with a Requalifier Identification Number (RIN) ``B037'' approximately 7,740 DOT specification cylinders after its authority to requalifiy high pressure cylinders expired on October 31, 2008. Additionally the investigation revealed that during this period, Spears Fire & Safety (1) failed to condemn cylinders with a permanent expansion greater than 10% of total expansion, (2) on multiple occasions did not maintain the minimum test pressure for the required time and (3) improperly repeated pressure tests on cylinders required to be condemned. Cylinders that have not been properly requalified and marked in accordance with the HMR may not be filled with compressed gas or other hazardous material.

FOR FURTHER INFORMATION CONTACT: Spears Fire & Safety, Mr. Robert Pate, Manager, 287 Jackson Plaza, Ann Arbor, MI, Telephone (734) 633-4133.

http://www.gpo.gov/fdsys/pkg/FR-2012-01-12/html/2012-394.htm

Emergency Restriction / Prohibition Order 11 - 14

This notice publishes Emergency Restriction/Prohibition Order 2011-001 (DOT Docket Number PHMSA-2011-0303), issued on November 17, 2011 to a number of entities, including Rainbow of Hope. This Emergency Order was issued by the Office of Hazardous Materials Safety pursuant
to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(a), and is published in accordance with 49 CFR Sec. 109.19. Emergency Order 2011-001 prohibits the filling, offering, and transportation of cylinders containing TyLar gas, and was issued in response to a pattern of
explosions that constitute an imminent hazard under 49 CFR 109.1.

Effective Date: November 17, 2011.

http://www.gpo.gov/fdsys/pkg/FR-2011-12-05/html/2011-31054.htm

Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8

Investigations conducted by PHMSA's field operations in 2009, 2010, and 2011, revealed that some high- and low- pressure cylinders serviced by Atlas Fire Protection were marked and represented as requalified (visually inspected and hydrostatically tested) in accordance with HMR
when the appropriate inspections and tests were not performed. PHMSA determined during its investigations that: (1) Atlas Fire Protection is not approved or authorized to requalify DOT-specification cylinders or mark such cylinders as requalified; (2) Atlas Fire Protection applied
requalification markings to cylinders that were not subjected to the required inspections and tests; and (3) Atlas Fire Protection marked cylinders with a Requalifier Identification Number (RIN) B243 that was not issued to them, but rather to another company, Fire-X Corporation, Norfolk, VA. The unauthorized markings (B243) applied by Atlas Fire Protection were stamped into the cylinder and include a month and the last two digits of the year. In the case of low pressure fire extinguishers, the markings may appear on an adhesive label with holes punched through the month, year, and hydrostatic test indicator. Only cylinders serviced by Atlas Fire Protection are suspect.

Anyone in possession of a cylinder that was serviced by Atlas Fire Protection and marked with test dates of 2007 through 2011 and has not had the cylinder requalfied by a DOT approved equalification facility since then, should consider the cylinder unsafe and not fill it with a
hazardous material unless the cylinder is first properly requalified by a DOT approved requalification facility.

http://www.gpo.gov/fdsys/pkg/FR-2011-09-08/html/2011-22892.htm

Final Rule HM-218F / Update & Clarify
PHMSA is amending the Hazardous Materials Regulations to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations. PHMSA anticipates that the amendments contained in this rule will generate economic benefits to the regulated community.

Effective Date: This final rule is effective on August 19, 2011.Voluntary compliance with all these amendments, including those with delayed mandatory compliance, is authorized as of July 20, 2011. The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of August 19, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and Rulemaking Branch, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

http://www.gpo.gov/fdsys/pkg/FR-2011-07-20/html/2011-17687.htm

HM-215K Final Rule / Harmonization / LTD QTY / ORM D & Much More
PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments includng changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organizations Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods - Modal Regulations.

Effective date: January 19, 2011
http://edocket.access.gpo.gov/2011/2010-33324.htm

HM-233B Special Permits Final Rule
PHMSA is revising its procedures for applying for a special permit to require and applicant to provide sufficient information about its operations to enable the agency to evaluate the applicants fitness and the safety impact of operations that would be authorized in the special permit. In addition, PHMSA is providing an on-line application option.

Effective date: March 7, 2011. Voluntary compliance authorized as of January 5, 2011
http://edocket.access.gpo.gov/2011/2010-33316.htm

IATA DGR: New FX-18 Effects Shippers Declarations
The 2011 (52nd edition) of IATA DGR introduces a new operator variation for Federal Express. FX-18 requires all Shipper's Declarations to be prepared using specific methods, and reads as follows:

Beginning January 10, 2011, FedEx Express will require all Shipper's Declarations originating in the U.S., excluding all 023 air waybill shipments, to be prepared using only the following methods:
(a) FedEx approved vendor software application;
(b) preapproved shipper proprietary software; or
(c) FedEx Express Automated Shipping Solutions that have dangerous goods error checks.

A list of approved DG Shipping application vendors can be reviewed at www.fedex.com/us

HM-231 - Packaging Closure Instructions
On February 2, 2010, the Pipeline and Hazardous Materials Safety Administration published a final rule amending the Hazardous Materials Regulations to: Revise several packaging related definitions; add provisions to allow more flexibility when preparing and transmitting closure instructions, including conditions under which closure instructions may be transmitted electronically; add a requirement for shippers to retain packaging closure instructions; incorporate new language that allows for a practicable means of stenciling the United Nations (UN) symbol on packagings; and clarify a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design. The February 2 final rule also incorporated requirements for the construction, maintenance, and use of Large Packagings. This final rule responds to one petition for reconsideration and four appeals submitted in response to the February 2 final rule and also corrects several errors that occurred in that rulemaking.

Effective Date: October 1, 2010
http://edocket.access.gpo.gov/2010/2010-24336.htm