PHMSA Update
U.S. Final Rule HM-215N on International Harmonization Delayed

Regulatory Freeze Delays Final Rule HM-215N

The Pipelines and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) has withdrawn a Final Rule that was intended to be published in the Federal Register on January 26.

The Final Rule, HM-215N, would have updated the U.S. “Hazardous Materials Regulations” to reflect international standards, improving U.S. abilities to import and export hazardous materials as well as reflecting improved safety standards. However, due to the new administration’s Regulatory Freeze executive memorandum, regulatory changes that had been sent to the Federal Register but not already approved must be immediately withdrawn for “review and approval” before being reissued. While the text of the Final Rule had already been published on PHMSA’s website on January 18th, it had not yet appeared in the Federal Register. The Regulatory Freeze took effect as of January 20.

Since this update is relatively non-controversial for stakeholders in the transportation industry, and will improve the ability of the United States to compete internationally, it is hoped that the review and approval time will be short. However, until the Final Rule can be published, the hazmat community must wait for the anticipated harmonization of U.S. regulations with international standards. These include proposed changes such as:

  • the adoption of the latest versions of the UN Recommendations on the Transport of Dangerous Goods, the ICAO Technical Instruction’s on the Safe Transport Continue Reading…
OSHA & PHMSA Working Together

OSHA & PHMSA Issue Joint Guidance Memorandum

The Occupational Safety and Health Administration and the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a joint guidance memorandum that is intended to provide clarity on the applicability and relationship between, DOT’s labeling requirements under the HMR and OSHA’s labeling requirements for bulk shipments under the HCS 2012.

PHMSA’s hazardous materials regulations require labeling of hazardous materials in transportation, while OSHA requires labeling on containers in the workplace.

When OSHA released its Hazcom 2012 (29 CFR Part 1910.1200) revisions, Appendix C.2.3.3 stated that “If a label has a DOT transport pictogram, the corresponding HCS pictogram shall not appear.” The Hazardous Materials Regulations state “No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part” (49 CFR Part 172.401(b)).

This raised many questions with stakeholders, and shortly thereafter, OSHA published a brief that stated that PHMSA does not view the pictograms as a conflict, and both may appear. OSHA continues on in the brief to state they intend on revising C.2.3.3, but in the meantime, they will allow both to appear. This new guidance document further confirms this position.

The Joint Guidance Memorandum can be found at https://www.osha.gov/dsg/hazcom/joint_phmsa_memo_09192016.html


ICC is your source for compliant DOT/OSHA Continue Reading…

Lithium
Samsung Galaxy Note 7 BANNED

Don’t Bring Your Note 7 with You on a Plane

More bad news for Samsung Galaxy Note 7 owners. Not only do you have to worry about them catching on fire, but now, you can’t even bring them with you when you travel by air.

The U.S. Department of Transportation (DOT), with the Federal Aviation Administration (FAA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), announced it is issuing an emergency order to ban all Samsung Galaxy Note7 smartphone devices from air transportation in the United States.

This emergency order bans all Samsung Galaxy Note 7 devices from “being on their person, in carry-on baggage or in checked baggage on flights to, from or within the USA.

The emergency order can be found here:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-25322.pdf

In September, Samsung announced the recall of over 1.9 million Galaxy Note7 devices. The Consumer Product Safety  Commission says that Samsung received 96 reports of lithium batteries overheating, including 13 burns and 47 reports of property damage. The CPSC recall notice can be found here: https://www.cpsc.gov/Recalls/2017/Samsung-Expands-Recall-of-Galaxy-Note7-Smartphones-Based-on-Additional-Incidents-with-Replacement-Phones


If you need to ship lithium ion or metal batteries by themselves, packed in equipment or  contained in equipment contact ICC for training and supplies to ensure that they are transported safely.

PHMSA Update
U.S. Publishes Proposed Rule HM-215N on International Harmonization

It’s autumn — we’re surrounded by orange leaves and orange pumpkins, and children are thinking about Halloween. Regulators, on the other hand, are thinking about something else orange. A new edition of the Orange Book (the UN Recommendations on the Transport of Dangerous Goods) is out.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), under the U.S. Department of Transportation (DOT), has made a commitment that U.S. transportation will stay well-harmonized with international regulations. So, now that the 19th Edition of the Orange Book is upon us, we must prepare for changes to the Hazardous Materials Regulations (HMR) of Title 49 of the Code of Federal Regulations (49 CFR).

DOT’s rules on international harmonization can be identified by their HM-215 docket numbers. On September 7, 2016, PHMSA issued a notice of proposed rulemaking, HM-215N. This rulemaking is intended to harmonize the HMR with the latest regulations on hazardous materials, including:

  • 2017-2018 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI),
  • Amendment 38-16 to the International Maritime Dangerous Goods Code (IMDG),
  • Canada’s “Transportation of Dangerous Goods Regulations” (TDG) up to an amendment incorporated on May 20, 2015,
  • 6th Revised Edition of the UN Manual of Test and Criteria, and
  • 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

What changes can we expect?

As always, PHMSA does not simply Continue Reading…

PHMSA Update
PHMSA Increases Civil Penalties for Hazmat Violations

On Wednesday, June 29, 2016 the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an interim final rule in the Federal Register. This rulemaking revises the minimum and maximum civil penalties for violation of the 49CFR Hazardous Materials regulations. This interim final rulemaking is required under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act).

The penalties are revised as follows:

“The maximum civil penalty for a knowing violation is now $77,114, except for violations that result in death, serious illness, or severe injury to any person or substantial destruction of property, for which the maximum civil penalty is $179,933. In addition, the minimum civil penalty amount for a violation relating to training is now $463.”

The effective date for this rulemaking is August 1, 2016. The full text and federal register notice can be viewed at: https://www.gpo.gov/fdsys/pkg/FR-2016-06-29/pdf/2016-15404.pdf

To learn more about how ICC’s team of Hazmat Regulations Specialists can help you to avoid costly penalties, check out our website at http://www.thecompliancecenter.com/

No Smoking
Up in Smoke – Transport Bans on E-Cigarettes

On almost every corner in St. Louis recently are signs for “vapor rooms” or “vaping” locations. Curious, I did some research. These are locations where the newly popular electronic nicotine delivery systems (ENDS) are sold and used. We now have electronic devices that are alternatives to real cigarettes, pipes, cigars and chewing tobacco. Some of these devices are called an e-cigarette, e-pen or even an e-hookah. They work by using a lithium battery to heat an internal coil which vaporizes a mixture of various chemicals and flavorings, including nicotine which is then inhaled.

Last week one of our local news stations, Fox 2 Now, aired a story about injuries received from electronic smoking devices exploding or catching fire while in the hands or pockets of some users. The full story can be found here. Please be warned some of the images are graphic in nature.

As someone in the “safety business,” I was curious in regards to what regulations are currently in place for these items. Back in January of 2015 the Federal Aviation Administration (FAA) issued an alert that air carriers require these devices only in the cabin of the aircraft. This was followed by a June 2015 ICAO addendum that “prohibits the carriage of e-cigarettes in checked baggage and restricts the charging of these devices while on board the aircraft.” In May of this year, the US Department Continue Reading…

PHMSA
PHMSA Update – Reverse Logistics Ruling

A final rule from the Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT has been adopted into the regulation on March 31, 2016. This ruling is the HM-253 Reverse Logistics ruling (RRR).

PHMSA has adopted regulatory amendments of certain hazardous materials by highway transportation applicable to the reverse logistics shipments. This ruling defines “reverse logistics” and provides provisions for reverse logistics of hazardous materials inside the scope of this ruling.

I used to work in the automotive industry and I can think of many examples that in my time there where parts should’ve been handled as hazardous and were not. An example is that some automotive parts that would be purchased and powered by the vehicle engines would be returned to our stores after being used and contained residual fuel. When we would first receive the automotive part in from our supplier it contained no fuels and therefore was not hazardous. Once returned from the customer after being used now had residue. Which could create the potential for it to be hazardous and therefore pose a risk during transportation back to the supplier or manufacture. This would cause it to now be regulated. Though there are many scenarios, this is just one possibility.

How can this be done? Do the workers at the retail stores have to be trained now? What do this mean for us as shippers?

Well let’s Continue Reading…

Special Permits
Adoption of Special Permits into the HMR (HM-233F)

There was a Legislative act signed by US president Barack Obama in July of 2013 called Moving Ahead for Progress in the 21st Century Act or MAP-21. As a result, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is making changes to the Hazardous Materials Regulations (HMR). These changes will incorporate some provisions from some of the special permits that have a proven safety record and have been widely used over an extended period of time. The intent in doing this is to provide widespread access to regulatory flexibility normally offered in special permits and removing the need for abundant renewal requests. The adopted amendments will also reduce paperwork burdens and help commerce while sustaining an appropriate level of safety.

Special permits set out variances to the requirements found in the regulations, but still has a level of safety that is equal to the safety level required otherwise in the regulations. The MAP-21 legislation required PHMSA to take a look at the special permits that have been in effect for 10-years. PHMSA conducted an investigation of all active special permits and categorized them, as appropriate, as suitable for inclusion into this rulemaking.

The result is PHMSA amending the regulations, 49 CFR Parts 171–180, by accepting requirements within 96 existing special permits. These amendments are based on the review they did of all active special permits as of January Continue Reading…

Training … Are You Up to Speed?

Training is needed in everything we do. Whether it is work, play or home we are constantly learning or being trained on something. We train our children for adulthood. We train our athletes how to run plays or moves. We are trained at our places of employment on how to do our jobs properly. Training in all aspects of life is in place to help us do things properly, help us succeed and help keep us safe.

In the workplace, how do we know just what type of training we should be getting? Obviously, it is going to change from site to site based on the type of business you work for. Regardless of the type of business, all workplaces are required by the OSH Act to provide a safe place to work. As per OSHA there are relevant types of training needed for different types of industry. These industries listed below with their appropriate regulation could be required:

If an industry doesn’t fall under a specific regulation like construction, they would follow the general industry standard. OSHA just updated their “Training Requirements in OSHA Standards” booklet. In this booklet OSHA gives a guide to all training requirements for employers, safety and health professionals, training directors and others to comply with Continue Reading…

When an Ordinary Box Isn’t so Ordinary After All (HazMat Box)

We have all used a fiberboard (or cardboard as most people call it) box to ship something. It may have been a box of gifts for a friend or family member, or a package of merchandise for a client at work. Most of the time, you probably didn’t give much thought to the box other than to make sure it was sturdy enough and big enough to contain what you were shipping. For these typical kinds of shipments, that ordinary box will do just fine. HazMat (or dangerous goods) shipments, however, aren’t ordinary and neither is the box that they need to be shipped in.

The packaging industry is a science in itself, with ever evolving processes, techniques, materials, treatments, and regulations. HazMat packaging is a specialized area of packaging technology, and it has some very specific requirements that must be followed. Even though a HazMat box may look identical to a standard shipping carton, there are some significant “behind the scenes” differences between them!

  1. Material matters! When dealing with HazMat boxes, there are specific tolerances for manufacturing. The combination of materials used to make up the fiberboard has very little wiggle room once the design has been approved and certified. Changes in the material may invalidate the certification and make the boxes non-compliant.
  2. Proven performance! HazMat boxes have to be put to the test before they can be Continue Reading…