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…
Training awareness for the various modes of transport

Part 171.1 of 49 CFR discusses applicability of the Hazardous Materials Regulations (HMR) to persons and functions. These functions include pre transportation activity involved in identifying and preparing hazardous materials shipment. It is the duty of each hazmat employer to comply with the applicable requirements of the regulations and to thoroughly instruct each hazmat employee.

In addition, the International Air Transport Association (IATA) includes provisions that acceptance staff be able to detect and identify hazardous materials that may be found in baggage. Found in each of these regulations are training requirements to inform individuals of the risks involved and provide a detailed understanding of the regulations.

To illustrate the continuing need for compliance awareness and training, the FAA is proposing to fine a Florida company $168,000 for offering for transport a soldering iron in passenger cargo that contained butane fuel. The company allegedly offered the material for transport without the proper classification, packaging and labeling requirements in the regulations.

Training and the awareness provided gives employers and employees the knowledge to be current, compliant and reduce the associated risks for the company and public at large.