On May 24, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) in response to petitions by the regulated community (e.g. shippers, carriers, manufacturers, and industry representatives) in order to reduce regulatory burdens while maintaining or enhancing the current standards of safety. PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The following is a brief summary of each of the proposed regulatory changes.
A. Certification Package Marking and Recordkeeping Requirements (P-1479). Revise § 178.3 to clearly indicate that a manufacturer or third-party laboratory mark may not be used when continued certification of a packaging is conducted by someone other than the original manufacturer or third-party testing laboratory, unless specifically authorized by the original manufacturer or third-party testing laboratory. In addition, revise §§ 178.601(l), 178.801(l) and 178.955(i) to relax the record retention requirements for package test reports and provide a chart to clearly identify the retention requirements.
B. Clarification of Alcohol and Gasoline Mixtures (P-1522). Revise the Hazardous Materials Table (HMT; 49 CFR 172.101) by removing the listing for ‘‘Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol, NA1203’’; and remove reference to gasohol in Sections §§ 172.336(c)(4) and 172.336(c)(5) as gasohol is a blend of gasoline with not more than 10% ethyl alcohol and the listing for gasoline includes gasoline mixed with ethyl alcohol, with not more than 10% alcohol.
C. Self-Reactive Solid Type F (P-1542). In the interest of international harmonization, Revise § 172.101 to refer to § 173.151 and provide a limited quantity exception for 4.1, Self-reactive solids and Self-reactive liquids, Types B through F.
D. Plastic Drum and IBC Material Thickness Standards (P-1554) and (P-1564). Add a reference in 49 CFR 178.601(c)(4) and 178.801(c)(7) to ASTM D4976–06 Standard Specification for Polyethylene Plastics Molding and Extrusion Materials to provide a range of acceptable resin tolerances in the plastic drum and IBC material.
E. SP 9735, Dangerous Cargo Manifest Location (P-1556). Provide greater flexibility by allowing the Dangerous Cargo Manifest (DCM) to be in locations designated by the master of the vessel besides ‘‘on or near the vessel’s bridge’’ while the vessel is in a United States port to ensure that the DCM is readily available to communicate to emergency responders and enforcement personnel the presence and nature of the hazardous materials on board a vessel.
F. Table of Portable Tank T Codes TI?T-22 (P-1558). Address a petition asking PHMSA to extend the relief provided by Special Permit DOT–SP–14652 by incorporating it in the HMR and allowing the transport of certain hazardous materials in IM101 portable tanks under T Codes in effect on September 30, 2001.
G. Smokeless Powder, Division 1.4C (P-1559). Allow smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material to relax the regulatory requirements for these materials without compromising safety.
Comments for the proposed rules must be received by July 23, 2012.
For further information or questions regarding the NPRM, contact Ronce Almond at (202) 457-7790.