PHMSA Considers Harmonizing Hazmat Regulations With Certain International Standards

(The Federal hazardous materials transportation law (49 USC 5101, et seq.) requires PHMSA to align the HMR with international transport standards and requirements to the extent practicable.)

Specifically, PHMSA states that the amendments being considered may be necessary to harmonize the HMR with the:

United Nations Recommendations on the Transport of Dangerous Goods Model Regulations¹ and Manual of Tests and Criteria;

Transport Canada's Transport of Dangerous Goods (TDG) Regulations;

International Maritime Organization's Dangerous Goods (IMDG) Code; and

International Civil Aviation Organization's (ICAO's) Technical Instructions for the Safe Transport of Dangerous Goods by Air.

Comments Requested on Specific Amendments, Pending Amendments

PHMSA is seeking data and information demonstrating possible transportation safety impacts and compliance costs in the adoption of any of following amendments and/or pending amendments.

UN Model Regulations/Test Manual amendments. PHMSA requests that commenters provide data and information concerning the impact on domestic shippers and carriers if the following "noteworthy" amendments in the revised editions of the UN Model Regulations and UN Manual of Tests and Criteria were to be adopted in the HMR (partial list):

Classification of sour crude oil. Among other things, the UN Model Regulations were amended by assigning a new identification number and shipping description for sour crude oil with a flammable primary hazard and a toxic subsidiary hazard.

Explosives testing standards. The amendments also include revisions to the explosives testing standards in the UN Manual of Tests and Criteria, which includes a test performed on a single package containing an explosive substance or explosive article to determine if the package is capable of containing any explosive effects in the event of an accidental initiation or ignition of its contents.

Standards for metal hydride storage systems. Amendments to the UN Model Regulations prescribe standards for the construction, qualification, marking and requalification of metal hydride storage systems containing hydrogen. (The HMR currently do not prescribe specific packaging or shipping methods for such systems.)

Certain Canada TDG amendments. Transport Canada has issued Amendment 6 (SOR/2008-34) and Amendment 7 (SOR/2007-179) to the TDG Regulations. Amendments include changes to the classification of infectious substances; new requirements concerning the display of dangerous goods safety marks for certain substances; and new containment requirements for cylinders containing Class 2 gases and Class 6.2 infectious substances.

(Information on Amendments 6 and 7 can be found and reviewed at http://www.tc.gc.ca/tdg/clear/modifications/adopted.htm. TDG regulations are available at http://www.tc.gc.ca/tdg/clear/tofc.htm.)

IMDG amendments pending adoption. The Maritime Safety Committee's amendments for the 2010 edition of the IMDG Code (Incorporating Amendment 35-10) are currently pending. When available, information regarding these IMDG Code amendments will be posted at http://www.phmsa.dot.gov/hazmat/regs/international.

ICAO amendments pending adoption. The ICAO Dangerous Goods Panel has proposed a number of amendments to the 2011-2012 edition of the ICAO Technical Instructions, which will be finalized in November 2009. PHMSA will consider these amendments for adoption in the HMR. When available, these amendments will be posted at http://www.icao.int/anb/FLS/DangerousGoods/dgp/.

Certain Harmonization Issues to be Considered in Separate Rulemakings

PHMSA also provides a partial list of international harmonization issues that it will not be considering for adoption under this docket, as they will be considered in separate rulemakings (see PHMSA notice for details):

Requirements for Lithium Batteries²

Amendments to Air Transportation Packaging Requirements³

Requirements for Electronic Data⁴

Requirements for Radioactive Materials

¹PHMSA notes that the UN Model Regulations are not regulations, but rather are recommended standards issued by the UN Sub-Committee of Experts on the Transport

of Dangerous Goods, which are amended and updated biennially and serve as the basis for many national, regional and international modal regulations.

²PHMSA recently issued an advisory guidance alerting shippers and carriers to the importance of the safe air transportation of lithium batteries. PHMSA notes that a separate rulemaking is being initiated to consider a broad range of measures to enhance the safe transportation of lithium batteries by all modes. (See ITT's Online Archives or 10/09/09 news, 09100925, for BP summary of the advisory guidance.)

³At this time, PHMSA is not considering any amendments made to provisions for packaging of hazardous materials for transportation by aircraft made to the upcoming 2011-2012 ICAO Technical Instructions, for adoption in the HMR under this docket number. PHMSA is considering adoption of the amendments to packaging provisions for air transport in a separate rulemaking project under Docket No. PHMSA-2007-29364 (HM-231A).

⁴PHMSA's Office of Hazardous Materials Safety is exploring prospects for the electronic transfer of information in order to provide faster and more accurate communication of hazard information. Under the current paper based system, emergency response efforts can be delayed due to a lack of timely and accurate information and poor communication between transportation partners. PHMSA is working to determine regulatory guidelines for the use of electronic communication as a complement, and potentially as an alternative, to hard copies of shipping papers. Under a PHMSA initiative titled HM-ACCESS (Hazardous Materials - Automated Cargo Communication for Efficient and Safe Shipments), PHMSA has developed a roadmap that will guide its efforts to promote the adoption of paperless systems both domestically and internationally.

PHMSA contact - Michael Stevens (202) 366-8553

PHMSA ANPR (D/N PHMSA-2009-0126 (HM-215K), FR Pub 10/21/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25358.pdf