On August 15, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) as part of its process to harmonize the Hazardous Materials Regulations (HMR) with international standards, including the International Maritime Dangerous Goods Code, and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air. The most “noteworthy” proposals will be addressed in greater detail below.
v Chemical Under Pressure: Currently, the HMR does not address liquids or solids transported under pressure. PHMSA now proposes to revise the HMT to include individual entries for chemical under pressure and incorporate other safety requirements including, but not limited to, quantity and filling limits, and packaging and segregation requirements.
v Hazardous Materials Table (HMT): PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.
v Incorporation by Reference: PHMSA proposes to incorporate by reference the latest editions of various international transport standards including among others, the 2013– 2014 ICAO Technical Instructions, Amendment 36–12 of the IMDG Code, and the 17th Revised Edition of the UN Model Regulations.
v Flexible Bulk Containers (FBCs): PHMSA proposes to incorporate a new packaging definition, operational controls, performance oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). PHMSA proposes to harmonize with the internationally recognized definition of FBCs, adopt the same performance-oriented packaging design and testing standards for FBCs, and impose similar operational controls on the use of FBCs in transport.
v Explosive Definitions: To provide consistency with international regulations, PHMSA proposes modifying the definitions for ‘‘Articles, explosive, extremely insensitive (Articles, EEI)’’ and ‘‘Cartridges, blank”, replacing the definition for ‘‘Explosive, extremely insensitive detonating substances (EIDS)’’ with a new definition for ‘‘Explosive, extremely insensitive substances (EIS)”, and finally, adding a definition for ‘‘Auxiliary explosive component, isolated.’’
v Specify Minimum Size Requirements for Identification Number Markings on Non-Bulk Packages: PHMSA proposes to add specific size requirements for identification number (i.e., ‘‘UN’’) markings as prescribed in § 172.301 for non-bulk packages. PHMSA proposes this minimum size marking for the ‘‘UN,’’ ‘‘NA,’’ and ‘‘ID’’ markings to align with the 17th Revised Edition of the UN Model Regulations.
v Packaging Authorizations: Consistent with amendments adopted by the UN Model Regulations, PHMSA proposes to amend various Part 173 packaging requirements to authorize more flexibility when selecting packagings for hazardous materials. These proposed amendments include, but are not limited to, the authorization to use wood as a material of package construction for certain explosives.
For further information or questions regarding the NPRM, contact Ronce Almond at (202) 457-7790.