[ID] => 6834
[post_author] => 34
[post_date] => 2016-09-21 07:48:51
[post_date_gmt] => 2016-09-21 06:48:51
[post_content] => The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking (NPRM) under docket HM-215N on 7 September. As those who follow these things closely will know, the HM-215X series of rulemakings is PHMSA’s biennial update to maintain consistency between the US Hazardous Materials Regulations (HMR) and the various international and modal rulebooks.
PHMSA’s aim will be to have a final rule implementing the changes in HM-215N in place in time for them to take effect on 1 January 2017; however, given that it has given industry until 7 November to provide comments and that the US presidential election will inevitably slow up the passage of rulemakings, the Administration is prepared to issue an interim final rule to incorporate by reference the International Civil Aviation Organisation’s (ICAO) Technical Instructions 2017-2018, which take effect promptly on 1 January.
PHMSA is mandated to maintain harmonisation between HMR and the international regulations but is also given leeway to decline to adopt changes that it deems unnecessary from a safety standpoint. “When considering the harmonisation of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption,” it says. “Our goal is to harmonise with international standards without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.”
OUT AND IN
There are, though, instances where PHMSA will not be taking action. As the Administration says, “In many cases, amendments to the international recommendations and regulations are not adopted into the HMR because the framework or structure makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings.”
The following changes, found in the 19th revised edition of the UN Model Regulations, are among those NOT being adopted in the HM-215N rulemaking.
- Large salvage cylinders – the latest Model Regulations make changes to the definition and packaging allowances for salvage cylinders, use of which is subject to competent authority approval. However, the HMR currently address the packaging, hazard communication and safe transport of salvage cylinders in §173.3(d) without the need for approval by the Associate Administrator. PHMSA considers that the current salvage cylinder requirements in the HMR provide a sufficient level of safety and adequately address the shipment of damaged and defective cylinders.
- Large packagings for waste aerosols – the latest Model Regulations include changes to the large packaging requirements for waste aerosols, particularly a change in the packing group requirements. However, the HMR do not currently authorise the use of large packagings for aerosols.
- Table tennis balls – the latest Model Regulations include a specific exemption for table tennis balls from classification under UN 2000 celluloid, with certain mass limits. PHMSA maintains its position that UN 2000 should apply only when the material is in a pre-manufactured state and not to manufactured articles, such as table tennis balls.
- IMO portable tank marking - Amendment 38-16 to the International Maritime Dangerous Goods (IMDG) Code includes requirement for IMO portable tanks manufactured before 1 January 2003 to be marked with an indication of their appropriate portable tank instruction. This change made it clear that the requirement applies to older IMO-type tanks. PHMSA did not adopt the requirement for portable tanks to be marked with an indication of the portable tank instruction to which they comply when this requirement was first introduced and there is therefore no need to adopt the amendment.
- Classification inconsistencies – the latest Model Regulations include text to address situations in which a consignor who is aware, on the basis of test data, that a substance listed by name in column (2) of the Dangerous Goods List meets classification criteria for a hazard class or division that is not identified in the List. The UN text requires the consignor to consult with the competent authority in such cases. However, §§172.402(a)(2) and 172.202(a)(3) of the HMR allow – and in most cases require – hazardous materials exhibiting an additional subsidiary hazard to be labelled with the subsidiary hazard and to have the additional hazard described on shipping papers.
Although PHMSA is not incorporating language specifically requiring competent authority approval in such situations, it reserves the power to do so in order to facilitate commerce in situations where other competent authorities or carriers require such a document be provided.
- Filling procedures for UN pressure receptacles – the revised version of packing instruction P200 require that the filling of pressure receptacles be carried out by qualified staff using appropriate equipment and procedures. It also references five ISO standards concerning the inspection and filling of various cylinders. PHMSA considers that existing provisions in the HMR provide a sufficient level of safety and adequately address filling requirements for pressure vessels and is not adopting the new text.
- Intentionally infected animals – the new ICAO Technical Instructions adopt changes to the classification framework for infected live animals and animal materials. The changes were brought to the attention of the UN Sub-committee of Experts on the Transport of Dangerous Goods but, at the time the NRPM was prepared, the Sub-committee had not finalised its discussions on the subject. As this issue is still live, PHMSA is not adopting the new requirements.
- Special aircraft operations – the new ICAO Technical Instructions include changes to the general exceptions for hazardous materials carried by an aircraft in special aircraft operations, such as air ambulance or search and rescue operations, by extending the exception to related flights, including repositioning and training flights.
PHMSA issued a final rule under HM-218H in June 2016 that included in §175.1(d) a clarification that staging operations and other operations related to dedicated air ambulance, firefighting, or search and rescue operations are intended to be excepted from the HMR when in compliance with the Federal Aviation Regulations; therefore, no action is necessary at this point.
- Enhanced safety provisions for lithium batteries transported by air – the latest round of changes affecting lithium battery transport in the ICAO Technical Instructions will be addressed in a separate rulemaking.
- Sterilisation devices – the latest ICAO Technical Instructions include a new special provision A211 to allow the transport of sterilisation devices that contain small quantities of UN 1067 nitrogen dioxide or UN 1660 nitric oxide, compressed, on both passenger and cargo aircraft.
PHMSA says it is not proposing to adopt this change at present, saying: “While we did not oppose the adoption of this provision at ICAO, we did so recognising that the transport environment and infrastructure is much different in parts of the world outside of the US and that, consistent with our harmonisation rulemaking, considerations we would assess how best to address this topic within the HMR.” Since then, PHMSA has received a request for a special permit to allow such transport to take place and, bearing in mind the significant hazards involved, feels that this is a more appropriate means of addressing the issue.
- Cylinders containing gases for use in fire extinguishers – in some cases cylinders that are not a permanent component of a fire extinguisher or a stationary firefighting installation are transported separately from these fire extinguishers. The UN Sub-committee agreed that these cylinders should be subject to the same requirements as conventional cylinders. PHMSA already has an open rulemaking docket on this subject; the NPRM under HM-234, issued in July 2016, proposes the revision of the introductory text in §173.309 to include cylinders used as part of a fire suppression system as a cylinder type authorised for transport in accordance with the Hazardous Materials Table (HMT) entry for fire extinguishers. As this is currently live, PHMSA is not adopting the change as part of HM-215N.
A large slice of the volume of international trade involving the movement of hazardous materials into and out of the US involves cross-border traffic with Canada. HM-215N picks up on work being done by the US-Canada Regulatory Cooperation Council (RCC). Part of the work of RCC revolves around hazardous materials and a work plan has been developed that covers:
- recognition of inspection and repair of cargo tanks under the US requirements for highway transport;
- mutual recognition of standard pressure receptacles (cylinders); and
- mutual recognition of DOT special permits and Transport Canada equivalency certificates.
As part of HM-215N, PHMSA is proposing to address the cargo tank element of the work plan by authorising facilities in Canada that hold a Certificate of Authorisation for repair from a provincial pressure vessel jurisdiction to repair DOT-specification cargo tanks that are used to transport hazardous materials in the US. Such facilities will not have to register in accordance with part 107 subpart F of the HMR provided they are registered in accordance with the Transport Canada TDG Regulations.
This provision, PHSMA says, would provide carriers with additional access to repair facilities in Canada without jeopardising the DOT specification of a cargo tank and broaden reciprocity with Canada, which already recognises repairs of TC-specification cargo tanks performed by authorised and registered facilities in the US.
PHMSA is proposing to address the pressure receptacles element of the work plan by authorising the filling, requalification and use of cylinders manufactured in accordance with the TDG Regulations that have a corresponding DOT specification in the HMR. Mutual recognition of cylinder specifications and requalification inspections will mean cylinder users that frequently conduct cross-border business will not need to maintain two sets of substantially similar cylinders.
Finally, PHMSA is proposing to address the equivalency certificate element of the work plan by amending the HMR to allow shipments offered in accordance with a Transport Canada equivalency certificate to transit to their first destination without having to apply for a duplicative special permit from PHMSA.
ON THE AGENDA
readers should by now be aware of the changes introduced with the 19th revised edition of the Model Regulations and it is mainly those that are included in HM-215N. As a result of the rulemaking, the HMR will also reference the latest versions of the Model Regulations, the ICAO Technical Instructions, the IMDG Code, the sixth revised edition of the UN Manual of Tests and Criteria, the sixth revised edition of the Globally Harmonised System (GHS) of classification and labelling of chemicals, and the latest update to Canada’s Transportation of Dangerous Goods (TDG) Regulations. In addition, references to a number of ISO standards are updated.
Those revised documents have required a number of changes to the HMT, including new UN entries, revised proper shipping names, and various amendments to hazard classes, packing groups, special provisions, packaging authorisations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.
Of specific interest are the four new UN entries for polymerising substances, Division 4.1, along with their defining criteria, authorised packagings and safety requirements, including but not limited to stabilisation methods and operational controls.
PHMSA also plans to adopt the new and revised UN entries for engines and vehicles, designed to offer more appropriate provisions for those powered by flammable liquids, flammable gases and other fuels. This amendment to the HMR is somewhat more extensive, incorporating as it does reference to the IMDG Code provisions for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Specifically, these include varying degrees of hazard communication based on the type of fuel, amount of fuel and capacity of the fuel tank. Existing requirements and exceptions for the transport of engines and machinery containing engines by road, rail, and aircraft would remain unchanged.
There are other proposals in HM-215N prompted by the latest IMDG Code amendment. Firstly, PHMSA is proposing to modify the list of marine pollutants in appendix B to §172.101. The HMR maintain this list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates this list based on changes to the IMDG Code and evaluation of listed materials.
Secondly, PHMSA is proposing various amendments to the packaging requirements for the transport of water-reactive substances by vessel, consistent with requirements in the IMDG Code. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities - when packed in flexible, fibreboard, or wooden packagings - to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner.
Finally – and perhaps inevitably – PHMSA is planning to make changes to the hazard communication requirements for shipments of lithium batteries. In particular, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in §173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to delete the documentation requirement in §173.185(c) for shipments of small lithium cells and batteries; and to require the lithium battery mark be applied to each package containing small lithium cells or batteries contained in equipment when there are more than four lithium cells or two lithium batteries installed in the equipment or where there are more than two packages in the consignment.
All those subject to the HMR should look carefully at the proposals, which can be found at www.gpo.gov/fdsys/pkg/FR-2016-09-07/pdf/2016-20580.pdf
. In particular, there are a large number of changes in the HMT as well as new and revised packing instructions and special provisions.
[post_title] => USA: Time for a change
[post_status] => publish
[comment_status] => open
[ping_status] => open
[post_name] => usa-time-change
[post_modified] => 2016-09-21 07:48:51
[post_modified_gmt] => 2016-09-21 06:48:51
[post_parent] => 0
[guid] => https://www.hcblive.com/?p=6834
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[post_type] => post
[comment_count] => 0
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