PHMSA rule revises hazmat definitions
Jan 1, 2006 12:00 PM
A Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule has been published that includes revising the definitions of hazmat employee and hazmat employer, according to information published December 9 in the Federal Register.
The rule (49 CFR Parts 105, 106, 107, 110, 171, 172, 173, 174, 175, 176, 177, 178, and 180) takes effect Jan 9, 2006.
PHMSA is revising the definitions in Section 171.8 to specify that both of these definitions include self-employed individuals. Also, both definitions are revised to include persons that represent, mark, certify, or sell packaging components as qualified for use in transporting hazardous materials in commerce.
Under the rule, each person who provides a shipping paper must retain a copy of the paper for 375 days after the hazardous material is accepted by the initial carrier. Each carrier must also retain a copy of the shipping paper for 375 days.
Shippers are to retain a copy of a shipping paper for a period of two years after the shipping paper is provided to a carrier. Carriers are required to retain a copy of a shipping paper for one year after the date the shipping paper is received from the shipper.
For purposes of shipping paper retention, a year is calculated from the exact date the shipping paper is provided to the initial carrier until the same date the next year. For example, a carrier that receives a shipping paper Oct 1, 2006, must retain a copy of the shipping paper through Sept 30, 2007.
Shippers and carriers of a hazardous waste must continue to retain a shipping paper for three years after the material is accepted by the initial carrier.
The rule also changes the term “exemption” to “special permit” and provides for an initial effective period of two years and renewals of up to four years. In this final rule, PHMSA is replacing most of the appearances of the word “exemption” with “special permit.” This amendment will apply to various forms of “exemption,” such as plural, singular, e-mail addresses, and mailing addresses.
Other revisions include:
Current exemptions will be effective until they expire, are terminated, or become due for renewal. Current exemptions will be replaced by special permits at the time when a renewal application is submitted and approved by the Associate Administrator.
Packagings and shipping papers prepared in accordance with a new special permit issued on or after Oct 1, 2005, must be marked with “DOT-SP” and the appropriate special permit number, unless otherwise specified by the special permit.
Packagings and shipping papers previously marked “DOT-E” in accordance with a current exemption generally may continue in use so long as the provisions in the exemption remain valid. Continued use of pre-printed shipping papers and “DOT-E” markings on packagings will be evaluated on a case-by-case basis when current exemptions become due for renewal.
An initial special permit will be valid for up to two years before it expires or becomes due for renewal. For the purposes of a party to a special permit, a new applicant is considered to be a “new” holder for assigning an expiration date. If renewed, a special permit will be valid for up to four years before the next renewal.
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