USDOT/PHMSA Releases Final Rule HM-215M, Harmonizing Requirements with UNMR, ICAO, IMDG Code Changes

In the January 8th 2015 edition of the US Federal Register, the United States Department of Transportation’s (USDOT) Pipeline & Hazardous Materials Safety Administration (PHMSA) published a final rule under Docket # PHMSA-2013-0260 (HM-215), RIN 2137-AF05 under which the agency sets forth specific changes to the US 49 CFR Hazardous Materials Regulations (HMR) to harmonize its regulations more closely with those of the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations (UNMR), the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), and the International Maritime Dangerous Goods Code (IMDG Code).  This is an annual exercise in which the US regulations change to accommodate and/or reflect related changes in the above named international regulations.  This helps to keep US law current with that in use by most of our major trading partners, thus easing such trade.  Even more importantly, it implements the newest guidelines that improve the safety of transport of this important group of materials.

This year’s group of changes is quite extensive, running the gamut from changes to the Hazardous Materials table (HMT) to very extensive changes to some packaging, marking, labeling, placarding, and paperwork requirements, and many other issues.  A brief section by section summary follows:

Part 171

171.4 – clarifies rules regarding exemptions for Marine Pollutants
171.7 – revises the “Incorporated by reference” listings (ICR’s)
171.8 – adds new and revised term definitions
171.23 – revisions surrounding use of the Proper Shipping Name “Safety Devices”
171.24 – additional requirements for use of the ICAO TI regarding Lithium Batteries
171.25 – additional requirements for use of the IMDG Code regarding Lithium Batteries

Part 172

172.101 – very extensive revisions to the Hazardous Materials Table (HMT) data, especially regarding adsorbed gases, Safety Devices, and Asbestos, as well as Packing Group assignments for items such as ammunition and various batteries (including Lithium).  Also includes revisions to the list of Special Provisions (SP’s) and a variety of changes regarding their assignment to various materials.
172.204 – aligns shipping paper certification more fully with the UNMR
172.315 – conforms Limited Quantity marking more fully with the UNMR
172.317 – conforms the “Keep away from heat” marking to the specifications in the ICAO TI
172.322 – conforms the Marine Pollutant marking more fully with the UNMR
172.326 – changes marking requirements for smaller portable tanks to conform the marking size to the IMDG Code
172.327 – conforms the Petroleum Sour Crude Oil marking more closely to the UNMR
172.407 – establishes a new minimum dimensional requirement for label borders, codifies the exception regarding reduction of label sizes to accommodate small packages to a standard conforming to the UNMR, and offers a color alternative (white) for the symbol on Class 5.1 Oxidizer labels.
172.512 – corrects a reference to the ICAO TI regarding placarding requirements for freight containers and aircraft unit load devices
172.519 – revises placard specifications to conform more closely to the UNMR, including border dimensions.

Part 173

173.2a – changes hazard classification requirements for UN3507 under some conditions to conform it more closely to the UNMR, IMDG, Code, and ICAO TI
173.3 – revises salvage package markings to conform to the UNMR
173.4a – revises markings for Excepted Packages to conform more closely to the UNMR
173.9 – revises the Fumigant marking to conform more closely to the UNMR
173.11 – new section dealing with transport of light bulbs/lamps containing hazardous materials
173.24 – change to packaging requirements allowing use of supplementary inner packaging and cushioning additional to that prescribed by regulation within outer packages under some circumstances
173.25 – establishes size requirements for the Overpack marking (12mm minimum) to conform to the UNMR
173.62 – changes to packaging requirements for certain explosives
173.115 – adds new definition for adsorbed gas
173.121 – revises Packing Group III assignment requirements for viscous materials in Class 3 with subsidiary risks in Classes 6.1 or 8
173.127 – authorizes alternative means of test to assign Packing Groups to items in Class 5.1 Oxidizing Solids
173.151 – reinserts an exception for charcoal briquettes under Class 4 which had been mistakenly deleted in 2013
173.164 – revises transport of Mercury in lamps to take into account the new changes in 173.11
173.166 – very extensive changes surrounding the handling of materials assigned to UN3268 and UN0503, including name changes, EX # requirements, and handling and shipping issues
173.167 – changes drop test requirements for packages containing consumer commodities
173.176 – addresses issues surrounding transport of capacitors under UN 3508
173.181 – corrects revisions previously incorporated to non-bulk packaging requirements for pyrophoric liquids
173.185 – authorizes changes to packaging for large lithium batteries/batteries contained in equipment shipped as single items, and also revises certain marking requirements for excepted batteries to conform more closely to the requirements in the ICAO TI
173.199 – revises the Category B infectious substance marking to conform it more closely with the UNMR
173.225 – minor changes to the Organic Peroxide Portable Tank table
173.231 – new section which authorizes non-bulk packages consistent with the UNMR for UN3375
173.251 – as per 173.231, except refers to bulk packages
173.301b – revises requirements for pressure receptacle valves manufactured prior to 12/31/2008
173.302/302c – both sections relate to adopting new UNMR requirements for the transport of adsorbed gases in cylinders and pressure receptacles
172.307 – revised to take into account changes under 173.11 for light bulbs/lamps
173.309 – changes to description of fire extinguishers UN1044
173.403 – changes to some definitions surrounding transport of radioactive materials
173.415 – revises the ICR for radioactives to incorporate IAEA Safe Transport of Radioactive Material SSR-6 2012 edition for Type A packages
173.416 – as per 173.415, except refers to Type B packages
173.417 – as per 173.415, except refers to Fissiles
173.420 – revises transport requirements for Uranium Hexafluoride under certain circumstances
173.435 – revises table of A1 and A2 values for radionuclides to incorporate by reference the IAEA Safe Transport of Radioactive Material SSR-6 2012 edition
173.466 – makes a correction to the revision published in July 2014 which inadvertently removed (a)(1) and (a)2), now reinstated
173.473 – as per 173.415, except refers to foreign made packages for radioactive materials

Part 175

175.9 – makes changes to permitted operations by aircraft associated with the use of explosives
175.10 – revises requirements for carriage of various hazardous materials aboard aircraft by passengers, including self inflating life jackets and certain types of lithium battery containing devices
175.25 – makes changes to the written requirements for operators to provide notice to passengers regarding the carriage of hazardous materials aboard aircraft
175.30 – revises requirements for overpacks containing packages marked “Cargo Aircraft Only” to conform more closely to the ICAO TI and document changes related to the new requirements for lithium batteries in 173.185
175.33 – changes written reporting requirements to pilots regarding the technical names of hazardous materials carried aboard the aircraft
175.630 – makes changes to segregation requirements aboard aircraft for Class 6.1 and 6.2 materials in proximity to foodstuffs (removes some limitations)
175.705 – changes parameters for decontamination requirements for aircraft contaminated with radioactivity

Part 176

176.80 – prohibits stowage of Class 1.4S explosives with Class 1 groups A and L to conform to changes in the IMDG Code
176.83 – makes changes to the vessel segregation table in reference to Classes 4.3, 2.1, and 3 to conform to changes in the IMDG Code
176.84 – makes certain revisions to the stowage and handling requirements in this section as well as creating new provisions 147 and 148 to conform to changes in the IMDG Code
176.905 – makes changes to stowage restrictions and protective requirements for components for vehicles shipped as cargo to conform more closely to the IMDG Code

Part 178

178.71 – clarifies status of pressure receptacle and service equipment certifications per the date of manufacture; adopts certain new ISO standards for gas cylinders; sets out design and construction requirements for cylinders that carry adsorbed gases; adopts ISO material compatibility standards; and marking requirements for cylinder bundles
178.75 – adopts the most recent ISO standards for fabrication of Multiple Element Gas Containers (MEGCs)
178.703 – revises IBC marking requirements to conform more closely to the UNMR
178.910 – revises marking requirements for large packagings to include salvage packagings to conform more closely with the UNMR

Part 180

180.207 – sets requalification requirements for UN pressure receptacles carrying adsorbed gases

As is usually the case, a variety of transitional timeframes are provided for mandatory implementation of most of the above changes, so users should carefully review the rule themselves to determine exact applicability.

Here is a link to the new final rule:

http://www.gpo.gov/fdsys/pkg/FR-2015-01-08/pdf/2014-30462.pdf

Labelmaster is a full service provider of goods and services for the Hazardous Materials and Dangerous Goods professional, shippers, transport operators, and EH&S providers. We are fully aware of the changes that may be required to certain of our products to incorporate the new requirements that some of the above changes mandate; be assured that process is already well underway.  Meanwhile, please see our full line of compliant solutions at www.labelmaster.com.

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One Comment;

  1. Greg Johnson said:

    A shipper uses the package marking and labeling exceptions in 172.336(d) and 172.514(c)(4) to ship an IBC. When the IBC is transported on an open flatbed transport vehicle, does the transport vehicle have to be marked in accordance with 172.302(a) – i.e., the ID number on all 4 side of the transport vehicle?

    On an open flatbed transport vehicle would it be permissible to show the hazard class on the vehicle placarding?

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