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Regulation Updates

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Current updates, changes and proposals from all major hazardous materials and dangerous goods regulatory organizations and government bodies.

2010
2009
2008

	March 9, 2010 PHMSA/DOT Final Rule: PHMSA–06–25885 (HM–232F) Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements Summary: PHMSA, in consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), is modifying current security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the final rule narrows the list of materials subject to security plan requirements and reduces associated regulatory costs and paperwork burden. The final rule also clarifies certain requirements related to security planning, training, and documentation.
	March 5, 2010 FMCSA/DOT Notice of public listening session: FMCSA–2004–19608 Hours of Service Summary: FMCSA announces that it will hold a fifth public listening session (in addition to the four sessions held in January 2010) to solicit comments and information on potential hours-of- service (HOS) regulations. Specifically, the Agency wants to know what factors, issues, and data it should be aware of as it prepares to issue a notice of proposed rulemaking (NPRM) on HOS requirements for property-carrying commercial motor vehicle (CMV) drivers. This session will be held in the Louisville, Kentucky area in conjunction with the Mid-America Trucking Show. The listening session will allow interested persons to present comments, views, and relevant research on revisions FMCSA should consider in its forthcoming rulemaking. All comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.
	March 5, 2010 PHMSA/DOT Safety Advisory Notice: PHMSA–2010–0046 Use of Composite Cargo Tanks Manufactured Under DOT Special Permits Summary: This safety advisory is issued to remind all persons who manufacture or use composite cargo tank motor vehicles authorized under DOT special permits of the requirement to conduct testing to ensure that the material to be transported in the cargo tank is compatible with the materials used in the construction of the cargo tank.
	February 2, 2010 PHMSA/DOT Final Rule: PHMSA–06–25736 (HM–231) Hazardous Material; Miscellaneous Packaging Amendments Summary: In this final rule, PHMSA is amending packaging requirements in the Hazardous Materials Regulations to enhance compliance flexibility, improve clarity, and reduce regulatory burdens. Specifically, we are revising several packaging related definitions; adding provisions to allow more flexibility when preparing and transmitting closure instructions, including conditions under which closure instructions may be transmitted electronically; adding a requirement for shippers to retain packaging closure instructions; incorporating new language that will allow for a practicable means of stenciling the "UN" symbol on packagings; and clarifying a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design. This final rule also incorporates requirements for construction, maintenance, and use of Large Packagings.
	February 2, 2010 PHMSA/DOT Notice of Proposed Rulemaking (NPRM): PHMSA–2009–0201 (HM–208H) Hazardous Materials Transportation; Registration and Fee Assessment Program Summary: PHMSA is proposing to adjust the statutorily-mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. PHMSA's proposal would provide that, for registration years beginning in 2010– 2011, the annual fee to be paid by those registrants not qualifying as a small business or not-for-profit organization would increase from $975 (plus a $25 administrative fee) to $2,975 (plus a $25 administrative fee). The proposed fee increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at its authorized level of approximately $28,000,000.
	February 1, 2010 Errata for IMDG Code, 2008 Edition (Amendment 34-08) Now Available in French Already available in English and Spanish, the French version of the latest corrections to the IMDG Code are now available. The errata was originally published on December 1, 2009.
	February 1, 2010 OSHA/DOL Proposed rule; announcement of public meeting: OSHA–2009–0044 Occupational Injury and Illness Recording and Reporting Requirements Summary: OSHA is proposing to revise its Occupational Injury and Illness Recording and Reporting (Recordkeeping) regulation to restore a column to the OSHA 300 Log that employers would use to record work- related musculoskeletal disorders (MSD). The 2001 Recordkeeping final regulation included an MSD column, but the requirement was deleted before the regulation became effective. This proposed rule would require employers to place a check mark in the MSD column, instead of the column they currently mark, if a case is an MSD that meets the Recordkeeping regulation's general recording requirements.
	January 14, 2010 FAA/DOT Final Rule: FAA–2009–0767 Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft Summary: This action amends Special Federal Aviation Regulation 106 (SFAR 106), Use of Certain Portable Oxygen Concentrator Devices on Board Aircraft, to allow for the use of four additional portable oxygen concentrator (POC) devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA to be available to the traveling public in need of oxygen therapy, for use in air commerce. When this rule becomes effective, there will be a total of 11 different POC devices the FAA finds acceptable for use on board aircraft, and passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
	January 12, 2010 Coast Guard/DHS Notice of request for comments: USCG–2009–1079 Cargo Securing Methods for Packages in Transport Vehicles or Freight Containers Summary: The Coast Guard seeks comments from the public on methods for securing cargo in transport vehicles and freight containers in order to determine if a standardized approval or certification process or improved performance criteria for flexible strapping securing systems is needed. Under current U.S. regulations and international codes, there is no certification or qualification standard for blocking, bracing, or for the use of strapping systems for securing cargo. Cargo must be secured to prevent shifting in any direction during transport. Packages of hazardous materials must be braced and dunnaged within a container so that they are not likely to be pierced or crushed and the materials must be in proper condition for transportation. Currently, the specific method for securing cargo is left to the discretion of the individual or company packing the container. The Coast Guard is considering whether there is a need for a standardized certification or approval process for cargo securing systems.
	January 4, 2010 OSHA/DOL Proposed Rule: OSHA–H022K–2006–0062 Hazard Communication Summary: OSHA is scheduling informal public hearings on its proposal to revise the Hazard Communication Standard. OSHA anticipates receiving several hearing requests, and this document describes the procedures the public must use to participate in the hearings.
	January 4, 2010 TSA/DHS Proposed Rule: TSA–2004–17131 Aircraft Repair Station Security Summary: The Transportation Security Administration (TSA) is extending the comment period on the notice of proposed rulemaking (NPRM) regarding the Aircraft Repair Station Security Program published on November 18, 2009. TSA has decided to grant, in part, two requests for an extension of the comment period and will extend the comment period for thirty (30) days. The comment period will now end on February 19, 2010, instead of January 19, 2010.
	January 4, 2010 PHMSA/DOT Final Rule: PHMSA–2009–0411 Hazardous Materials: Adjustment of Maximum and Minimum Civil Penalties Summary: PHMSA is adjusting the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The maximum civil penalty is increased to $55,000, and to $110,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. The minimum civil penalty is increased to $275, and to $495 for a violation related to training. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt Collection Improvement Act of 1996.
	January 4, 2010 FMCSA/DOT Final Rule: FMCSA–2005–23315 Requirements for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating Intermodal Equipment Summary: FMCSA amends its December 17, 2008, final rule implementing section 4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). The 2008 final rule makes intermodal equipment providers (IEPs) subject to certain Federal Motor Carrier Safety Regulations (FMCSRs), and establishes shared safety responsibility among IEPs, motor carriers, and drivers. These amendments create a fifth marking option for identifying the IEP responsible for the inspection, repair, and maintenance of items of intermodal equipment (IME) in response to a petition for reconsideration from the Intermodal Association of North America (IANA); clarify regulatory text and correct an inadvertent error in response to a petition for reconsideration from the Ocean Carrier Equipment Management Association (OCEMA); and extend the deadline for IEPs, motor carriers, and drivers operating IME to comply with certain provisions pertaining to driver-vehicle inspections in response to a petition filed by OCEMA.

	December 23, 2009 Coast Guard/DHS Notice of Proposed Rulemaking (NPRM): USCG–2004–19963 Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes Summary: On December 16, 2005, the Coast Guard published an interim rule that defined "certain dangerous cargo residue" (CDC residue). After reviewing comments on the interim rule, the Coast Guard proposes to change that definition to include certain bulk liquids and liquefied gases in residue quantities. Based on changes to the CDC residue definition, the Coast Guard also proposes to revise the definition of "certain dangerous cargo." Additionally, the Coast Guard intends to adopt changes made to 33 CFR part 104 and 105 by the 2005 interim rule.
	December 22, 2009 PHMSA/DOT Notice of Proposed Rulemaking (NPRM): PHMSA–2009–0289 (HM–233A) Hazardous Materials: Incorporation of Special Permits Into Regulations Summary: The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits that have an established safety record. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations so long as an equivalent level of safety is maintained. The proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.
	April 17, 2009 PHMSA/DOT Final Rule FR Doc. E9–7825: PHMSA–2006–25910 (HM-218E) Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking Summary: PHMSA is amending the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant amendment adopted in this final rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers.

	October 2, 2008 PHMSA/DOT Notice of Proposed Rulemaking (NPRM) 73 FR 57281: PHMSA-2005-22356 Hazardous Materials Regulations: Enhanced Enforcement Authority Procedures Summary: PHMSA is proposing to issue rules implementing certain inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. The proposed rules would establish procedures for: (1) The inspection and opening of packages to identify undeclared or non-compliant shipments; (2) the temporary detention and inspection of suspicious packages; and (3) the issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard. These new inspection and enforcement procedures will enhance DOT's ability to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment.
	October 2, 2008 PHMSA/DOT Final Rule 73 FR 57001: PHMSA-2008-0227 (HM-244A) Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications Effective Date: 10/1/2008 Summary: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes.
	August 4, 2008 PHMSA/DOT Notice of Proposed Rulemaking (NPRM): PHMSA-2008-0005 (HM-215J) SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations 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. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.
	July 14, 2008 UPDATE – BDP International: BDP External Advisory – 8 July '08, issue 7 » Presentation regarding the 2008 Beijing Olympics Chinese Transportation and Production DG Restrictions Some water carriers are reporting that they recently received correspondence from their Asian operations that indicate that the materials indicated below will not be accepted at the Port of Shanghai from July 20 - Aug 31, 2008. The US DOT notes that there are on-going discussions with the Chinese government representatives and they hope to be able to continue to make progress with narrowing the list of materials that will be restricted. Due to Olympic Games in China, the Shanghai Port Authority will not accept the dangerous goods cargo listed below from July 20 - Aug 31: Class 1 Class 5.2 Class 6 Class 7 HYDROGEN PEROXIDE ACETONE SULPHURIC ACID NITRIC ACID HYDROCHLORIC ACID AMMONIUM NITRATE Other cargo will be decided on a case by case basis.
	June 18, 2008 IATA Releases Addendum II to 49th Edition Dangerous Goods Regulations This 4-page addendum includes updates to sections 2, 4, 5, and Packing Instruction 200. All changes highlighted in yellow. Download now » 52KB PDF
	ICAO Releases Addendum II to 2007-2008 Edition Technical Instructions This 2-page addendum contains 11 updates to the publication. Download now » 24KB PDF
	May 5, 2008 PHMSA/DOT Notice of Proposed Rulemaking (NPRM): HM-208G May 5, 2008—Docket No. PHMSA-2008-0010 has been published. SUMMARY: This rule proposes to amend the statutorily-mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. For those registrants not qualifying as a small business or not-for-profit organization, we are proposing to increase the fee from $975 (plus a $25 administrative fee) to $2,475 (plus a $25 administrative fee) for registration year 2009-2010 and following years. The proposed fee increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,000,000 in accordance with the Administration's Fiscal Year 2008 budget.
	May 1, 2008 PHMSA/DOT Final Rule PHMSA–2006–25446 (HM–243) Published April 21, 2008—Docket No. PHMSA–2006–25446 has been published. SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying aircraft. Fuel cell cartridges and fuel cell systems are an emerging energy technology developed to provide a more efficient, longer-lasting, and renewable power source for electrically operated equipment. This final rule prescribes regulations for transporting fuel cells containing flammable liquids, including methanol; formic acid; certain borohydride materials; or butane that meet certain performance and consumer use standards. PHMSA is issuing this final rule in cooperation with the Federal Aviation Administration (FAA).
	April 21, 2008 PHMSA/DOT Interim Final Rule PHMSA-RSPA-2004-18730 Published April 21, 2008—Docket No. PHMSA-RSPA-2004-18730 has been published. SUMMARY: The Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration and the Transportation Security Administration, is revising the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. This interim final rule fulfills requirements in Section 1551 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
	April 1, 2008 PHMSA/DOT Notice of Proposed Rulemaking (NPRM): HM-246 April 1, 2008—NPRM HM-246 has been published. The Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration are proposing revisions to the Federal Hazardous Materials Regulations to improve the crashworthiness protection of railroad tank cars designed to transport poison inhalation hazard materials. Specifically, we are proposing enhanced tank car performance standards for head and shell impacts; operational restrictions for trains hauling tank cars containing PIH materials; interim operational restrictions for trains hauling tank cars not meeting the enhanced performance standards; and an allowance to increase the gross weight of tank cars that meet the enhanced tank-head and shell puncture-resistance systems.
	February 20, 2008 Amendment 6 to the TDG Regulations has been published by Transport Canada February 20, 2008—Transport Canada has published the sixth amendment to the Transportation of Dangerous Goods Regulations in Gazette II of the Canada Gazette, the official newspaper of the Government of Canada. See the amendment in its entirety on the Canada Gazette official website.
	January 28, 2008 PHMSA/DOT Final Rule HM-218D Published January 28, 2008—Final Rule PHMSA-05-21812 (HM-218D) will be effective October 10, 2008. PHMSA is amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging, or labeling of hazardous materials transported in commerce. Among other provisions, PHMSA is adopting a new proper shipping name and identification number for fuel blends composed of ethanol and gasoline. In addition, PHMSA is updating references to consensus standards, revising and clarifying certain hazard communication requirements, and clarifying transportation requirements applicable to dry ice, detonator assemblies, and explosives. PHMSA is also expanding exceptions from regulation for small quantities of hazardous materials.
	January 23, 2008 IMDG Amendments Entered Into Force as of January 1, 2008 This 3-page IMO briefing describes all amendments to the IMDG Code that have come into force on January 1, 2008.
	January 17, 2008 European Chemicals Agency drafts fees for REACH January 17, 2008—A draft of the EC REACH fees regulation has been made available prior to its final publication, following its agreement at a comitology meeting this past December 10. The regulation will establish the authority for ECHA to collect fees and charges for the registration of substances, updates to the registration of substances, requests for confidentiality, PPORD notifications, authorisations and appeals, and lists those fees and charges. See all the details here.
	January 9, 2008 PHMSA/DOT Final Rule HM-145N Published January 7, 2008—Final Rule PHMSA-2006-28711 (HM-145N) is now effective. The PHMSA has revised the list of hazardous substances and reportable quantities (RQs), and has also corrected errors in existing entries. Additionally, this final rule includes updates affected by the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as Superfund).

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