PHMSA Proposes Changes to Air Packaging in HM-231A
The Pipelines and Hazardous Materials Safety Administration (PHMSA) has released a proposed rulemaking to the Hazardous Materials Regulations (HMR) designed to reduce the number of spills of liquid hazardous materials during air transportation. This Notice of Proposed Rulemaking (NPRM), HM-231A, responds to a number of studies on packaging failures by introducing new design requirements, as well as new testing procedures for proving that packagings can survive pressure changes in air transport.
Recent studies of spills during air transport have shown packaging failure to be a common problem. For example, one study concluded that out of 1,583 air incidents studied, a failure of the inner packagings inside outer packagings (a typical "combination"
PHSMA declares in the NPRM that "air transportation of hazardous materials requires clear standards, exceptional diligence, and attention to detail." Steps proposed to remedy typical problems include:
Adoption of revised packaging instructions from the International Civil Aviation Organization (ICAO). This involves requirements for leakproof liners inside combination packaging, and secondary means of positive closure, such as taping or wiring.
Establishing an enhanced pressure differential capability standard. Currently, the HMR does not have very precise standards for how to verify that a receptacle for liquids can withstand an appropriate pressure differential. HM-231A will add an appendix to Part 173 referencing appropriate pressure test protocols from the American Society for Testing and Materials (ASTM), as well as a new standard for pressure-testing flexible containers such as plastic bags.
Contact us today, or see the complete text of this NPRM for more information.
Comments must be received by July 13, 2010. Submissions identified by docket number PHMSA-07-29364 (HM-231A) may be sent to PHMSA by the Federal eRulemaking Portal at regulations.gov, by fax to 202-493-2251, or by mail to:
Docket Operations
U.S. Department of Transportation
West Building, Ground Floor, Room W12-140, Routing Symbol M-30
1200 New Jersey Ave. SE
Washington, DC 20590
If you have further questions on this NPRM, please feel free to contact us
ALSO
HM-233A to Eliminate Need for Some Permits
In an effort to streamline the regulatory process, the Pipeline and Hazardous Materials Administration (PHMSA) has issued a Final Rule incorporating many common special permits directly into the Hazardous Materials Regulations (HMR).
Special permits have been used for many years under the HMR to allow shippers and carriers to transport hazardous materials in ways not normally allowed by the regulations. However, special permits expire periodically, and must be renewed. Also, each company or entity wishing to use a permit must apply for one and be granted it as a separate entity. It is much more cost effective to incorporate permits with a good history of safety into the regulations themselves, so that anyone can use them, with no additional paperwork.
HM-233A, issued as a final rule on May 14, 2010, addresses nearly a dozen common special permits, as well as reducing some of the paperwork requirements when applying for permits in general. The permits covered include:
Authorization of salvage cylinders for damaged or leaking packagings to be transported by cargo vessel, under section 173.3.
Allowing devices called mechanical displacement meter provers to be transported with more than 10% capacity of hazardous materials.
New rules for "lab packs" (a common way of transporting small amounts of waste chemicals):
Division 4.3, Packing Group I and Division 5.2 materials will now be allowed in lab packs.
Crain waste materials packaged in lab packs will be excepted from segregation requirements of the HMR, provided they conform to the requirements of section 173.12(e).
Section 173.13 provides exceptions from specification packagings. In HM-233A, the options for alternate packagings under this section have been expanded.
For certain hazardous materials transported by rail in tankcars, an external visual inspection of the rupture disk in a pressure-release device will be authorized without removal of the disk itself.
A new section, 173.310, authorizes the transportation of certain specially designed radiation detectors containing a Division 2.2 gas.
Packages of aerosols shipped for recycling or disposal up until now have had a maximum gross weight of 30 kg. HM-233A will increase this limit to 500 kilograms per package.
Authorization for railway tank cars to be over the normal maximum weight, if an approval has been obtained from the Federal Railroad Administration (FRA).
The reduction in paperwork includes the elimination a number of requirements for submitting duplicate copies of various documents, when making electronic applications for permits. However, additional requirements will include providing an e-mail address if available, and the Department of Transportation (DOT) registration number, if applicable (normally, shippers and carriers of loads that require placards must register with the DOT).
Finally, in response to complaints that the DOT did not verify that permit-holders understood the full requirements, PHMSA will require the applicant to certify that they have read the provisions of the special permit, and that they understand them.
Contact us today, or see the complete text of this Final Rule for more information.
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