To help keep your faciltiy up to date, following is a list of updated regulations based on the changes that have or will occur by the end of 2012.
Legacy Issues Phasing Out
It’s been a long time coming, but three important rules are phasing out at the end of this year. This means mandatory compliance and training of all affected hazmat employees on the changes by January 1, 2013.
Basic Description in Order January 1, 2013 is the last date to use the shipping description sequence (Proper Shipping Name first, etc.) in effect since December 31, 2006. This marks the end of a six-year phase-in period, as the international standard has been ID# first since 2006.
[49 CFR 172.202(b); 76 FR 73527, July 20, 2011; 71 FR 55692, December 29, 2006]
DOT Phasing Out ORM-D
Starting January 1, 2013, all shipments of limited quantities offered for transportation by aircraft, including many materials traditionally reclassified as ORM-D AIR, must be marked with the new “Y” limited quantity marking instead.
[See 49 CFR 172.315, 173.167]
Limited Quantities by Aircraft
December 31, 2012 is the last day to use the old “square-on-point with Identification Number” marking for packages of hazardous material packaged in limited quantities for transport by aircraft.
[49 CFR 172.315(d)(1); 49 CFR 172.316(a)(1); 76 FR 3364, January 19, 2011; 76 FR 82174, December 30, 2011]
DOT Final Rules
77 FR 37961—Hazardous Materials: Incorporating Rail Special Permits into the Hazardous Materials Regulations; Jun. 25, 2012
As part of government-wide Regulatory Review and Reinvention (RRR) initiatives, PHSMA incorporated several rail special permits with established safety records directly into the HMR.
77 FR 22504—Hazardous Materials: Packages Intended for Transport by Aircraft; Apr. 16, 2012
To conform with international standards, PHMSA amended the HMR to require the use of leak-proof packaging for packages of hazardous material liquid transported by aircraft.
76 FR 82163—Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air; Dec. 30, 2011
This off-cycle harmonization rule provides clarifications to, corrects typographical and other minor errors in, and responds to appeals regarding the previous year’s international harmonization rule.
In this rulemaking, PHMSA made several editorial and clarifying amendments to the HMR to correct inadvertent editorial errors from previous rulemakings.
76 FR 75470—Hazardous Materials: Restricting the Use of Cellular Phones by Drivers of Commercial Motor Vehicles in Intrastate Commerce; Dec. 2, 2011
The Federal Motor Carrier Safety Administration (FMCSA) and PHMSA issued regulations prohibiting the use of hand-held mobile telephones while operating commercial motor vehicles, especially if they are carrying hazmat.
PHMSA Policy News
In addition to final rules, PHMSA has also made a few changes to its policies and internal operations through non-rulemaking actions:
77 FR 39798—Clarification Policy on Initial Fitness Review for Classification Approvals; Jul. 5, 2012
PHMSA clarified and provided guidance for its “fitness review” of applicants for non-fireworks classification approvals.
77 FR 9865—Clarification on the Division 1.1 Fireworks Approvals Policy; Feb. 21, 2012
77 FR 429—Hazardous Materials: Clarification and Further Guidance on the Fireworks Approvals Policy; Jan. 5, 2012
In these items, PHMSA issued further clarifications and guidance on its policies regarding the approval of fireworks devices after consultation with the regulated community.
For the first time ever, PHMSA used its authority under the Hazardous Materials Transportation Act of 2005 to identify an imminent hazard and issued an injunction (or Emergency Order) prohibiting the transportation of “TyLar gas” after a series of explosive incidents.
Keep Up-to-Date on DOT
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