PHMSA ISSUES FINAL RULE ON AMENDMENTS TO THE HMR
Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule amending the Hazardous Materials Regulations (HMR) to in response to various petitions for rulemaking from stakeholders. Last May, PHMSA issued a notice of proposed rulemaking seeking comments from the public on the proposed amendments. PHMSA is adopting the following amendments to update, clarify, or provide relief from miscellaneous regulatory requirements:
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;
Revise §§ 178.601(l), 178.801(l), and 178.955(i) to relax the record retention requirements for packaging test reports and provide a chart to clearly identify the recordkeeping requirements;
Revise the Hazardous Materials Table (HMT; 49 CFR § 172.101) by removing the listing for ‘‘NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol’’; and removing reference to gasohol in §§ 172.336(c)(4) and 172.336(c)(5);
Revise § 172.101 to refer to § 173.151 to harmonize internationally and provide a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids, Types B through F;
Allow smokeless powder ed as a Division 1.4C material to be reed as a Division 4.1 material to relax the regulatory requirements for these materials without compromising safety; and
Allow 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.
PHMSA did not adopt a proposal to incorporate by reference in § 171.7 ASTM D4976-06, Standard Specification for Polyethylene Plastics Molding and Extrusion Materials, and to revise §§ 178.509(b)(1) and 178.707(c)(3) to include a reference to ASTM D4976-06. The petitions underlying this proposal were withdrawn by comment because they may have increased the regulatory burden.
The final rule is effective May 6, 2013. The voluntary compliance date is March 7, 2013. Please contact our office for additional information or for assistance complying with the amendments.