The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes amending the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This is a routine procedure.
In this notice of proposed rulemaking, PHMSA is proposing amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO TI, and the IMDG Code:
Hazardous Materials Table (HMT): Amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limitations, and vessel stowage provisions.
Limited Quantity Exceptions: Amendments for the highway, rail, and vessel transportation of limited quantities are based on the recently adopted limited quantity provisions in the UN Model Regulations and IMDG Code. Amendments for the air transportation of limited quantities are based on the 2011-2012 revision of the ICAO TI.
Amendments are proposed to provide a transition period for complete alignment of the HMR limited quantity eligibility (including consumer commodities and certain articles of Class 2 and Division 1.4S reclassed as ORM-D), when transported by all modes (domestic and international), in accordance with HMR requirements that are based on international standards for limited quantities and consumer commodities.
Organic Peroxide Tables: Amendments to the Organic Peroxide Tables to add, revise, or remove certain hazardous materials and provisions.
Incorporation by Reference: Amendments to incorporate by reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and the Sixteenth Revised Edition of the UN Model Regulations.
PHMSA officials propose updating incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22, 2007 (pertains to highway cargo tanks). This incorporation by reference augments the broad reciprocity provided in 171.12 where the HMR allow the use of the Canadian TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail.
Petitions for Rulemaking: We are addressing one petition for rulemaking: P-1550, from the People for the Ethical Treatment of Animals (PETA) requesting that PHMSA incorporate by reference OECD Guidelines 430, 431 and 435 into the HMR that prescribe in vitro testing methods for determining corrosivity. Changes in classification are being proposed for sour crude oil, certain Division 1.4S Explosives, intermediate bulk container rebottling, and Metal Hydride storage systems in conveyances.
Comments on the harmonization proposals must be received by October 25. Comments can be submitted online at http://www.regulations.gov. Follow the online instructions for submitting comments.