||Final Rule HM-208I / Reduction in Hazmat Fees
||HM-258 Final Rule Penalties Revision
||HM-219 Final Rule
||FRA Final Rule FRA-2004-17530 Penalty Guidelines
||HM-215L Final Rule
||PHMSA Safety Advisory Notice - Unathorized marking of high pressure compressed gas cylinders
||49CFR Minor Editorial Corrections
||Final Rule - HM 216B / Rail / Special Permits Incorporation
||Final Rule HM-231A Closures Inner Packagings Containing Liquids
||Safety Advisory - Marking of Compressed Cylinders
||Emergency Restriction / Prohibition Order 11 - 14
||Unauthorized Markng of Compressed Gas Cylinders, Safety Advisory Notice 11-8
||Final Rule HM-218F / Update & Clarify
||Final Rule HM-238 Storage of Explosives
||No Talking and Driving
||Final Rule - Enhanced Enforcement Authority Procedures
||Final Rule HM-256: No Texting & Driving While Hauling Hazmat
||HM-245 Final Rules Cargo Tanks Special Permits
||HM215K Final Rule / Harmonization / LTD QTY / ORM-D & Much More
||HM-233B - Special Permits Final Rule
||HM-231 - Packaging Closure Instructions
||PHMSA Removes Expiration Date for Classification of Explosives & other Classes
Final Rule HM-208I / Reduction in Hazmat Fees
The Federal hazardous materials transportation law requires DOT to adjust the amount of the annual registration fee to account for any unexpended balance in the Hazardous Materials Emergency Preparedness (HMEP) Fund. Due to an unexpended balance that has accumulated in the Fund, PHMSA is lowering the registration fees for registration year 2013-2014 for all persons, as defined in PHMSA regulations, that transport or offer for transportation in commerce certain categories and quantities of hazardous materials. Specifically, for registration year 2013-2014 the fee for a small business or not- for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels. Additionally, PHMSA is making an editorial change to its regulations to clarify the appropriate fee amounts; there are no substantive changes other than the addition of the fees for 2013-2014 and for 2014-2015 and later. In order to make the change effective for the 2013-2014 registration year and thus draw down the unexpended balance as soon as possible, PHMSA is issuing this final rule without a prior notice of proposed rulemaking in accordance with good cause exemption specified in the Administrative Procedures Act. Additionally, for good cause this final rule is effective immediately.
HM-258 Final Rule Penalties Revision
PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the ``Moving Ahead for Progress in the 21st Century Act'' (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.
DATES: Effective Date: April 17, 2013.
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,
49CFR Minor Editorial Corrections
This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do
not impose new requirements.
DATES: Effective: October 5, 2012.
DEPARTMENT OF TRANSPORTATION - Pipeline and Hazardous Materials Administration
49 CFR Part 173
Shippers--General Requirements for Shipments and Packagings
In Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2011, make the following corrections:
1. In Sec. 173.133, on page 539, paragraph (e) is redesignated as (c) and revised to read as follows:
Sec. 173.133 Assignment of packing group and hazard zones for Division 6.1 materials.
* * * * *
(c) Transitional provisions. The criteria for packing group
assignments in effect on December 31, 2006, may continue to be used
until January 1, 2012.
2. In Sec. 173.134, on page 543, the second paragraph (c) is removed
and (c)(2) is revised to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.
* * * * *
(2) The following materials may be offered for transportation and transported as a regulated medical waste when packaged in a rigid non-bulk packaging conforming to the general packaging requirements of Sec. Sec. 173.24 and 173.24a and packaging requirements specified in
29 CFR 1910.1030 and transported by a private or contract carrier in a vehicle used exclusively to transport regulated medical waste: (i) Waste stock or culture of a Category B infectious substance;
(ii) Plant and animal waste regulated by the Animal and Plant Health Inspection Service (APHIS);
(iii) Waste pharmaceutical materials;
(iv) Laboratory and recyclable wastes;
(v) Infectious substances that have been treated to eliminate or neutralize pathogens;
(vi) Forensic materials being transported for final destruction;
(vii) Rejected or recalled health care products;
(viii) Documents intended for destruction in accordance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements; and
(ix) Medical or clinical equipment and laboratory products provided they are properly packaged and secured against exposure or contamination. Sharps containers must be securely closed to prevent leaks or punctures.
* * * * *
[FR Doc. 2012-24294 Filed 9-28-12; 11:15 am]BILLING CODE 1505-01-D
Final Rule - HM 216B / Rail / Special Permits Incorporation
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding rail special permits that have general applicability and established safety records. Special permits allow a company or an individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. Incorporating the special
permits discussed in this rulemaking will provide users of the regulations with wider access to the regulatory flexibility offered in these special permits, eliminate the need for numerous renewal
requests, reduce paperwork burdens, and facilitate commerce while maintaining an appropriate level of safety. This rulemaking will also respond to two petitions for rulemaking, P-1497, concerning the use of electronic shipping papers, and P-1567, concerning the removal of the
Association of American Railroad's AAR-600 portable tank program for previously adopted standards that meet or exceed the AAR-600 requirements.
Effective date: July 25, 2012. PHMSA is authorizing voluntary compliance beginning June 25, 2012.
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
This rule is effective July 1, 2012.
Voluntary compliance with all amendments are authorized May 16, 2012.
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.
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.
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.
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.
Final Rule HM-238 Storage of Explosives
In this final rule, PHMSA, in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is approving the use of the National Fire Protection Association Standard (NFPA) 498--Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010 Edition) for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3
Effective Date: July 7, 2011.
No Talking and Driving
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to restrict the use of hand-held mobile telephones,including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of
hand-held mobile telephones while driving. This rulemaking would improve health and safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.
DATES: Comments must be received by June 28, 2011.
Final Rule – Enhanced Enforcement Authority Procedures
PHMSA is implementing enhanced inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. This final rule establishes procedures for issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard; opening packages to identify undeclared or non-compliant shipments, when the person in possession of the package refuses a request to open it; and the temporary detention and inspection of potentially non-compliant packages. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will enhance DOT's existing enforcement authority and allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry.
This final rule is effective May 2, 2011.
Final Rule HM-256: No Texting & Driving While Hauling Hazmat
SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is prohibiting texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services "Select Agents and Toxins'' regulations. Additionally, in accordance with requirements adopted on September 27, 2010 by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving. This rulemaking improves the health and safety on the Nation's highways by reducing the prevalence of distracted
driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.
DATES: This final rule is effective March 30, 2011.
HM-245 Final Rules Cargo Tanks Special Permits
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations by incorporating provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. The revisions are intended to provide wider access to the regulatory flexibility offered in the special permits and eliminate the need for numerous renewal requests, thereby facilitating commercial activity and reducing paperwork burdens while continuing to maintain an appropriate level of safety.
The effective date of this final rule is March 3, 2011
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
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
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
PHMSA Removes Expiration Date for Classification of Explosives and Other Classes
In 2005, PHMSA initiated a policy imposing a 5-year expiration date on firework classification approvals to ensure that background information supporting the approval is current and applicable, information is up-to-date and complete, obsolete approvals are eliminated from the PHMSA database, and approvals are amended with new requirements and/or methods as necessary. In 2009, this policy was extended to include all types of classification approvals, including explosives, oxidizing substances, organic peroxide materials and self-reactive substances. PHMSA is changing its policy and eliminating expiration dates for classification approvals because the policy has had unanticipated effects since its implementation. For instance, explosives assigned EX numbers, and self-reactive materials and organic peroxide materials, assigned CA numbers, have a shelf life far beyond the 5-year expiration date. Consequently, a product shipped in accordance with a classification approval with a 5-year expiration date becomes ineligible for domestic transport on the date the approval expires despite the product continuing to be safe for transport. Existing classification approvals with expiration dates will be reissued by PHMSA in accordance with the change of policy. While expiration dates for classification approvals will be eliminated, PHMSA retains the authority to issue approvals with expiration dates on a case-by-case basis.
Effective Date: September 7, 2010.