With the end of the government’s partial shutdown, USDOT/PHMSA has returned to full operation and has joined the ranks of government agencies promulgating new, revised, or corrected regulatory information. On October 31st, 2013, the Federal Register contained a set of revisions to the 49 CFR representing the first substantive change to the regulations in the new fiscal year. (Ref: Docket No. PHMSA-2013-0041)
The list of revisions is relatively typical for regulatory releases of this type, but does contain items of special interest. Many changes are made to the Hazardous Materials Table in 49 CFR 172.101, with an apparent emphasis on, among other things, organometallic substances and explosives. PHMSA also makes an important clarification to the rules regarding testing of Lithium Ion Batteries in 49 CFR 173.185, removing previously inserted language that seemed to require retesting of older batteries or cells in conformance with newer testing protocols than that which they had been fabricated under. In the preamble to the docket, PHMSA indicates that this was inadvertent, and so the situation is being returned to the previously understood requirements.
Another interesting change in 49 CFR 172.315 extends the use (for the US, ground transport only) of the older style Limited Quantity Marking (white square on point with UN ID # displayed) until December 31st, 2015. This adds a year to the current transitional deadline. PHMSA also solidifies the new transitional phase out date for the use of the “ORM-D” mark as being extended until December 31st, 2020. This appears in 49 CFR 172.316. Many manufacturers of consumer products have expressed varying degrees of unease at the phase-out of the ORM-D marking, feeling that it may reflect poorly on their products from a commercial standpoint if they are essentially forced into treating them as a full-blown hazardous material. The extension to 2020 removes the immediate concern, and it will be interesting to see how the issue ends up being treated once the deadline clock ticks back down to a year or two. It is important to note that the phase out of the ORM-D-AIR mark is complete and remains in effect. Air transport now requires the use of Limited Quantity markings or fully regulated hazard labels as appropriate to the product and package. The ORM-D mark itself remains valid only for use in the US when transporting such items by ground. Additionally, PHMSA offers clarification to the rules for use of the “Consumer Commodities” category in 49 CFR 173.167. Essentially, the regulations harmonize with those present in relevant ICAO regulations.
Further changes include some refined language to the requirements for shipping papers in 49 CFR 172.202, marking requirements for nurse tanks in 49 CFR 172.336, and important harmonization efforts with ICAO regarding the definitions of and exceptions allowed for alcoholic beverages across all modes of transport.
Labelmaster offers a full variety of labels, markings and other related materials to allow shippers of dangerous goods/hazardous materials to do so safely and in accordance with relevant regulatory guidance. Our product line may be viewed at www.labelmaster.com, or for personal assistance, via our customer service line at 1-800-621-5808. The new rule itself may be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2013-10-31/pdf/2013-24714.pdf
