PHMSA Amendment HM-219

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued another final rule on November 7th. Again, this rule making is the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations. In this case, the docket number is HM–219. Its goal is to “to update, clarify, streamline, or provide relief for miscellaneous regulatory requirements”. It has an effective date of December 7, 2018. While the published rule is only 20 pages long there are many areas of revision. Below is a list of the items that jumped out at me while reading it. If you wish to read the full rule making, please visit https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-23965.

HM-219 Highlights:

  • Section 172.205 had changes to paragraph (j) which pertains to the Hazardous waste manifest. You are now allowed to use electronic signatures when completing EPA forms 8700-22 and 8700-22A.
  • Section 172.407 had revisions to paragraphs (c) and (f). Paragraph (c) now says “inner border approximately 5 mm inside and parallel to the edge”. It still says the inner border must be 2 mm wide and that the thinner line border labels can be used until the end of the year. Paragraph (f) has included some additional references. It now says, “a label conforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations … may be used in Continue Reading…
PHMSA Amendment HM-259

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on October 18th. As you know, the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations is through a rule making process. This particular docket number is HM–259. Its goal is to “align the U.S. Hazardous Materials Regulations with current international standards for the air transportation of hazardous materials”. It has an effective date of October 18, 2018. While the published rule is 23 pages long, I have attempted to hit the highlights here.  If you wish to read the entire final rule with the discussion on comments received, you can go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-22114.

Highlights of HM-259

  • 172.101 – Removal of A3 and A6 from Column 7 for multiple entries in the HMT. Provision A3 will be removed from all Packing Group I entries. Provision A6 will be removed from all liquid entries to which it is assigned.
  • 172.102 – A3 revised and now reads as follows: “For combination packagings, if glass inner packagings (including ampoules) are used, they must be packed with absorbent material in tightly closed rigid and leakproof receptacles before packing in outer packagings.” There is no longer a mention of using “tightly closed metal receptacles”.
  • 175.10(a)(18)(i) – Revised portable electronic devices by passengers and crew. This section has been expanded to include portable medical electronic devices with lithium metal Continue Reading…
TDG
TDG TC 117 Rail Tankers/ERAP Clarification- CGII, May 20 (no question)!

Transport Canada’s May 1st announcement of a TDGR amendment was formalized in the May 20th edition of CGII. This amendment, SOR/2015-100 (“TC 117 Tank Cars”), phases in the requirement for the upgraded TC 111 and basic-enhanced TC 117 rail tank cars for flammable liquid service (see my Blog of May 4th).

The amendment details the enhancements required to the basic tank car design and construction in TP14877 for use in service for flammable liquids. TP14877, published in 2013, was formally adopted in July 2014 and became mandatory in January. Subsequent incidents and recommendations have led to these extra measures to provide a stronger tanker in conjunction with other operating procedures to improve rail safety for flammable DG transportation.

On the related topic of rail tanker ERAP (emergency response assistance plans-TDGR Part 7), the amendment clarifies the requirements as they apply to rail tankers and true flammables.

Canada Gazette II:
http://www.gazette.gc.ca/rp-pr/p2/2015/2015-05-20/html/sor-dors100-eng.php

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TDG
TDG Amendment- TC 117 Rail Tankers – ERAP Correction: Canada Gazette II May 6?

Coincident with a press conference given by Lisa Raitt (Canadian Minister of Transportation) and her US counterpart, Anthony Foxx (US Secretary of Transport), Transport Canada published an amendment to the TDGR on their “Adopted amendments…” website on May 1.

Presumably we can expect to see the official publication in an upcoming CGII. One would expect that, given the press conference it may be out in the next (May 6) edition- but the first deadline of the phase in is October 1, 2015.

Phasing in Upgrades

The main part of the amendment outlines the mandatory use of upgraded design TC 117 rail tanker cars spurred by the TSB (Transportation Safety Board) recommendations post Lac-Mégantic, and subsequent incidents in the intervening period. All rail cars manufactured after October 1, 2015 must be to the TC 117 standard if they are to be used for Class 3 flammable liquids. Other features of the phase-in (TC 117)/phase-out (TC/DOT111) requirements will transition for deadlines ranging from April 30, 2017 to April 30, 2025:

Chart of Phase-In

Last Day to Use Tank Car in Column 3 for Dangerous Goods in Column 2 Flammable Liquid / Packing Group(s) (PG) Tank Car Type removed from Service North American Fleet to be Retrofitted Canadian Tank Car Population
April 30, 2017 Crude Oil
(PG I, II, III)
DOT-111
Non-Jacketed
After 28% Retirement Rate 16,625 4988
February 28, 2018 Crude Oil
(PG I, II, III)
DOT-111
Jacketed
After 28% Retirement Rate 5,027 2759
March 31, 2020 Crude Oil
(PG I, II, III)
DOT-111
Non-Jacketed
21,993 6849
April 30, Continue Reading…