On May 10, 2018, PHMSA, along with other Federal Agencies, published its Regulatory Agenda for Spring 2018. That Agenda lists a handful of new rules pertaining to hazardous materials transportation safety, which PHMSA plans to promulgate in the second half of the year. Keep your hazmat shipments in full compliance with new and changing 49 CFR regulations—and always be ready for what’s next. The DOT Hazmat Ground Shipper Certification Workshop returns in June to Cleveland, Houston, Dallas, Rochester, Pittsburgh, Detroit, and Cincinnati.
Lion Members can view a summary of all upcoming DOT, EPA, and OSHA rulemakings in the Spring Agenda here.
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1. Response to Petitions from Industry to Modify, Clarify, or Eliminate Regulations
Rulemaking ID: RIN 2137-AF09
In response to Executive Order to reduce regulatory burden on US businesses, PHMSA requested suggestions from hazmat shippers, carriers, manufacturers, and others on ways to simplify or clarify the 49 CFR hazmat rules.
Among the petitions being considered for implementation in the HMR are requests to:
- Revise approved testing method for aerosols;
- Revise a table related to cargo tank specs;
- Address inconsistencies between domestic and international hazmat labels;
- Permit the use of non-wood pallets for limited quantities;
- Revise the requirements for when emergency response numbers are required for excepted quantities; and
- Permit the use of EPA’s electronic Hazardous Waste Manifest.
See a full list of the hazmat-related petitions for rule change in the Federal Register.
PHMSA plans to post a Final Rule this month, May 2018.
2. Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft
Rulemaking ID: RIN 2137-AF20
PHMSA intends to adopt three emergency amendments made to international DG air shipping rules for lithium batteries. PHMSA plans to:
- Prohibit carriage of lithium-ion cells and batteries as cargo on passenger aircraft;
- Require lithium-ion cells and batteries be shipped by air at not more than 30 percent state-of-charge aboard cargo-only aircraft; and
- Limit the use of alternative provisions for small cells and batteries to one package per consignment or overpack.
The Interim Final Rule is expected in August 2018. Learn what you need to know to ship lithium batteries by ground, air, or vessel in 2018. The Shipping Lithium Batteries Online Course provides full dangerous goods training that's always up-to-date.
3. Harmonization with International Dangerous Goods Requirements
Rulemaking ID: RIN 2137-AF32
To maintain harmonization with global dangerous goods transport regulations, PHMSA will adopt new and updated international standards that become effective on January 1, 2019. This rulemaking will likely include clarification regarding the recently rescinded minimum 2-mm size requirement for hazmat label borders. See a partial list of new or updated international provisions PHMSA plans to adopt.
A Notice of Proposed Rulemaking (NPRM) is expected in July 2018.
4. Oil Spill Response and Information Sharing for High-Hazard Flammable Trains
Rulemaking ID: RIN 2137-AF08
In July 2016, PHMSA proposed expanding the comprehensive oil spill response plan (OSRP)
to cover railroads that transport High-Hazard Flammable Trains, or HHFTs. HHFTs, which were defined in an earlier rulemaking, are trains that carry more than twenty cars of a Class 3 flammable liquid in a continuous block, or thirty-six or more such cars across the entire train.
The Final Rule is expected in September 2018.
Need DOT (49 CFR) hazmat training for highway shipments?
DOT and IATA DGR Training for Shippers - In the Classroom or Via Live Webinar
Check out the Hazmat Ground Shipper workshop
or online course
here. Meet DOT and IATA training mandates
in cities nationwide in 2018. Be confident your shipments are in full compliance with the latest 49 CFR and DGR requirements for ground or air transport. Or join a Lion instructor live for the IATA Air Shipper Certification Webinar.
Learn the keys to compliance with IATA’s DGR
for hazmat/dangerous goods air shipments. This expert-led training is designed to help satisfy the training requirement for DG air shippers at IATA DGR
1.5 and builds on your DOT (49 CFR) hazmat knowledge.