PHMSA has published HM-215K "Hazardous Materials: Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air; Proposed Rule."

The rule maintains alignment with international standards by incorporating amendments which include changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

The amendment’s intention is to enhance the safety of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and effective emergency response in the event of a hazardous materials incident.

Shippers of hazardous materials should review all changes for a complete understanding of the various amendments.

The comment period is open until October 25, 2010. The document can be accessed online at http://edocket.access.gpo.gov/2010/pdf/2010-19952.pdf

Transport Canada has issued an EMERGENCY AIRWORTHINESS DIRECTIVE for the certain Bell helicopters. This EAD is marked urgent.

Please see this PDF provided by Transport Canada for more information.

In the last two weeks, I have received several calls about the requirement to add a UN number when shipping more than 4000 kg of one UN number.

There has been a change made by Amendment 6 to the TDG Regulations which was published in February 2008 in the table of 4.15 1(b). The word "must" has been changed to "may".

Therefore whenever a consignor is shipping more than 4000 kg of one UN number, the consignor may display the UN number.

See this page on Transport Canada’s website for complete text of section 4.15.

On June 28, 2010, Transport Canada issued an Advisory Notice about hot air balloons. This notice addresses two (2) issues with the Regulations:

1. an exemption
2. cylinder compliance

1. Exemption: Section 1.27 Operation of a Means of Transport or a Means of Containment Exemption of the TDG Regulations does provide an exemption for propane cylinders. The catch is that the hot air balloon must be flight-ready and the cylinders are attached to the hot air balloon. Once the cylinders are removed from the hot air balloon for refill or the hot air balloon is not flight ready, such as when transporting the hot air balloon in a trailer, the exemption no longer applies.

2. Cylinder compliance: in TDG, Section 5.10 Means of Containment for Class 2, Gases requires the selection and use of cylinders in accordance with the Canadian Standards Association (CSA) standard B340. In addition, the manufacture of the means of containment (cylinder) must be done in accordance with CSA B339.

CSA B340 Selection and Use of Cylinders, Spheres, Tubes, and Other Containers for the Transportation of Dangerous Goods, Class 2:  this standard covers the safety requirements for selecting and using cylinders for the transportation of dangerous goods in Class 2. It also covers the requirements for filling and handling of cylinders for Class 2 dangerous goods.

CSA B339 Cylinders, Spheres, and Tubes for the Transportation of Dangerous Goods: this standard outlines the requirements for manufacturing, inspecting, testing, and marking of means of containment for Class 2 Gases, dangerous goods.

Please keep in mind that in TDG, Section 5.10 Means of containment for Class 2, Gases, that clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a) of CSA B340 do not apply. In other words, equivalent means of containment are not permitted, the means of contaiment must meet CSA B340.

For more information see Transport Canada’s website.

Notice of Proposed Rulemaking: HM-233B Revisions of Special Permits Procedures

Special permits allow for variances in the regulations as a way to quickly, effectively and safely integrate new technologies for the hazardous materials industry and to also address unique or infrequent transport situations.

This NPRM proposes to clarify existing regulations while requiring additional information that will allow PHMSA to evaluate the level of safety that will be achieved. PHMSA believes it is essential to understand and analyze the risks of a special permit application along with potential failure modes. Failure Mode and Effect Analysis (FMEA) will be an example of acceptable documentation to substantiate the alternative request.

In parts 107.105 of 49 CFR, PHMSA will be looking for additional information on:

• Shipping and incident history in addition to experience relating to the initial application, modification, or renewal of a special permit.
• Identification of increased risks to safety or property that may result is a special permit is granted or renewed.

As this rulemaking will request additional and detailed information in the special permit process, the proposed change is seen as increasing safety and environmental protections.

The comment period for HM-233B remains open until August 26, 2010.

Notice of Proposed Rulemaking: HM-238 Requirements for the Storage of Explosives During Transportation

PHMSA and the Federal Motor Carrier Safety Association (FMCSA) propose to use the National Fire Prevention Association standard 498 as the Federally approved standard for the construction of safe havens used for unattended explosives storage during transport.

The NPRM proposes to amend Part 171 indicating NFPA 498 as the standard and adding a new paragraph (k) to section 177.835 to indicate that Division 1.1, 1.2 and 1.3 explosives may be left unattended in a safe haven meeting the requirements of NFPA 498.

The “safe haven” will promote the safe storage of explosives in a manner that protects the environment from an unintentional release. The adoption of the NFPA standard is intended to provide a clear consistent and measurable Federal requirement for the development and operation of safe havens.

The comment period on HM-238 remains open until September 27, 2010.

Read the full text on these and other NPRM’s at:
http://www.phmsa.dot.gov/hazmat/regs/rulemaking/nprm-anprm