"Hazardous Matters" is the quarterly newsletter for PHMSA's Office of Hazardous Materials Safety (OHMS). As always, it is packed with the latest news, expert tips, and essential insights for the safe handling and shipment of hazardous materials. Stay informed, stay safe!

July - September 2024

A Message from PHMSA's Deputy Associate Administrator

As we approach the Fourth of July and America celebrates with fireworks, it's crucial to reflect on the importance of safety in the transportation and handling of these hazardous materials. Every year, thousands of pop-up fireworks tents fill parking lots across our communities. Many of them are operated by temporary workers who may be new to hazmat transportation safety. For PHMSA, this increase in consumer fireworks sales raises concerns around packaging and transporting, and whether seasonal operations are in accordance with the Federal regulations designed to protect the public. Each year we ask: what can PHMSA do to support communities to ensure public safety?

This year, PHMSA collaborated with the Federal Motor Carrier Safety Administration (FMCSA), along with Indiana and Illinois state and local authorities, to prepare for the seasonal increase in fireworks transportation. Together, we conducted thorough inspections and provided crucial educational materials on how to safely ship and transport fireworks. Our joint inspections looked at whether fireworks shipments to these temporary tents, as well as any returns to suppliers, comply with proper packaging, documentation, marking, labeling, and placarding requirements. This initiative underscores our commitment to leveraging partnerships and sharing best practices with our enforcement counterparts, aiming for our ultimate goal of zero injuries and fatalities.

I also want to highlight the publications available through PHMSA, such as the Fireworks Certification Procedures Brochure and the Guide for Shipping Consumer Fireworks. These resources are designed to assist you in understanding and adhering to the Hazardous Materials Regulations (HMR) and enhance training programs. However, if you have a specific fireworks question, email: Fireworks@dot.gov or PHMSA's Hazardous Materials Information Center Infocntr@dot.gov.

In closing, I extend my gratitude to all our partners and stakeholders for your continuous dedication to hazardous materials safety. Happy Independence Day.

Stay safe,

Carey Davis
Deputy Associate Administrator, Field Operations
Pipeline and Hazardous Materials Safety Administration (PHMSA)
 

Final Rule: FAST Act Requirements for Real-Time Train Consist Information

On June 24, PHMSA published HM-263 "Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information" to the Federal Register. This final rule requires railroads that carry hazardous materials to generate train consist information in electronic form, maintain that information off-the-train, and update that information in real-time. Railroads must provide that information to authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel along the train route who could be involved in the response to an incident.

The amendments in this final rule address a safety recommendation of the National Transportation Safety Board and statutory mandates in The Fixing America's Surface Transportation Act, as amended by the Infrastructure Investment and Jobs Act.

Though voluntary compliance can begin immediately, this rule provides the following delayed compliance dates:

• Class I Railroads: June 24, 2025
   
• Class II and III Railroads: June 24, 2026

NPRM: Adjusting Registration and Fee Assessment Program

On May 24, PHMSA published the HM-208J "Hazardous Materials: Adjusting Registration and Fee Assessment Program" Notice of Proposed Rulemaking (NPRM) in the Federal Register. This NPRM proposes overdue updates to the registration fees under 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 proposed rulemaking would increase the annual fee by $125 for those registrants qualifying as a small business or not-for-profit organization (an increase from $250 to $375) and those registrants not qualifying as a small business or not-for-profit organization by $425 (an increase from $2,575 to $3,000).

Other proposed amendments in the NPRM include:

• Implementing an electronic-only registration fee payment process, based on changes to the payment processes implemented by the Department of Treasury
   
• Revising requirements to clarify that a Certificate of Registration may be carried in either electronic or paper form, for both motor carriers and those who transport hazardous materials by vessel.

The proposed update to fees will generate the estimated $6.4 million dollars necessary to fund PHMSA's Hazardous Materials Emergency Preparedness (HMEP) grants program at newly authorized levels in accordance with the Infrastructure Investment and Jobs Act (2021).

Comments on this NPRM close August 22, 2024.

Notice of Public Meetings: International Standards on the Transport of Dangerous Goods

PHMSA's OHMS will be hosting public forums in advance of four international meetings to allow the public to give input on current proposals being considered by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The international meetings include:

• ICAO TDG Working Group 24 (WG/24), tentatively scheduled for October, in Montreal, Canada.
   
• The 65th session of the UNSCOE TDG, scheduled for November 25 to December 3, 2024, in Geneva, Switzerland.

Each of these public meetings will be held approximately two weeks before the corresponding international meeting at U.S. Department of Transportation (DOT) Headquarters in Washington, DC (1200 New Jersey Avenue SE, West Building), with a remote participation option available. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on PHMSA's website under "Upcoming Events."

The Federal Register announcement can be found here.

Final Rule: HM-215Q Harmonization with International Standards

On April 10, PHMSA published the HM-215Q "Hazardous Materials: Harmonization with International Standards" final rule in the Federal Register. This rulemaking amends the HMR to maintain alignment with international regulations and standards, including the 22nd revised edition of the UN Model Regulations Amendment 41–22 to the IMDG Code, and the 2023-2024 ICAO Technical Instructions. A subsequent correction was published on May 9.

In addition to amending the Hazardous Materials Table (HMT) this rulemaking:

• Added transport provisions for polymerizing substances, and removed the transitional provisions that have been in place since January 2017.
   
• Added a new entry to the HMT, "UN3550 Cobalt dihydroxide powder, containing not less than 10% respirable particles" and corresponding packaging provisions.
   
• Removed provisions for small lithium cells and batteries for transportation by aircraft.
   
• Removed the telephone number requirement from the lithium battery mark, with a phaseout date of December 31, 2026.

This final rule is effective as of May 10, 2024.

Attention Propane Industry: Request for Feedback on Tare Weight Marking Policy for Cylinders

On June 6, PHMSA published a notice to solicit information pertaining to the current tare weight, mass weight, and water capacity marking requirements for DOT specification 4B, 4BA, 4BW, and 4E cylinders used in liquefied compressed gas service.

This Request for Feedback is in response to various comments on recent NPRMs and a Compressed Gas Association (CGA) petition for rulemaking. Several commentors on recent NPRMs have indicated that the existing requirement language in § 178.35(f)(8) leads to confusion between marked tare weight at the time of manufacture and the stamped tare weight for the filling of cylinders. The CGA has submitted a petition for rulemaking that requests that the markings be permitted to slightly vary from the actual tare weight, mass weight, and water capacity of the cylinder to account for the accuracy of the stamped weight during manufacture.

Due to these comments and the recent CGA Petition, PHMSA published "Hazardous Materials: Request for Feedback on Tare Weight Marking Policy for Cylinders", with the goal of gathering and incorporating industry feedback on best steps to resolve the confusion over the existing requirements.

Comments close on September 4, 2024.

The Federal Register Notice can be found here.

Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? Receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking 'Subscribe' at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.
 

eBay for Business Podcast

Tune in to the eBay for Business podcast's 300th episode featuring PHMSA's Bill Schoonover, Associate Administrator of the Office of Hazardous Materials Safety. Don't miss this exciting episode as Bill shares his insights on hazardous materials safety in ecommerce!

Listen here: https://community.ebay.com/t5/eBay-for-Business/bg-p/ebayforbusiness

2024-2025 Hazardous Materials Registration Brochure

Offerors and transporters of certain quantities and types of hazardous materials are required to file an annual registration statement with DOT and pay a designated fee. These fees are used to fund PHMSA’s Emergency Preparedness grants, which support hazardous materials emergency response planning and training activities by states, local governments, and Native American Tribes.
This brochure, updated for the 2024-2025 registration year, details PHMSA's Hazmat Registration program by explaining who must register, and when and how to register, and providing key dates, registration cost, and other important information.

Link: https://www.phmsa.dot.gov/registration/registration-mail-brochure

Note: Each registration year spans from July 1 to June 30, with early registration beginning May 1. Completed registration statements and payment must be submitted before July 1, 2024, or before engaging in any of the activities requiring registration, whichever is later.

Contact register@dot.gov for more information.

Reverse Logistics

Hazardous materials pose a unique challenge when products are returned. Some materials may become more dangerous by being opened, used, or damaged. Often, those in the reverse logistics stream—like retail employees or consumers—lack the proper training and awareness to package and ship these materials safely.

This Reverse Logistics brochure is meant to aid those within the reverse logistics circular economy understand how the HMR pertain to their industry. The brochure explains the applicability of the HMR, unpacks the HMR definition of "reverse logistics," and details the provisions authorized for reverse logistics transportation.

Link: https://www.phmsa.dot.gov/training/hazmat/reverse-logistics-brochure

Do you deal with lithium batteries in the returns stream? Lithium cells and batteries are not eligible for the reverse logistics exception, due to the risks they pose in transportation. PHMSA has created the following resources to help you package and ship lithium batteries safely:

• Lithium Battery Guide for Shippers, for determining how to package and ship lithium batteries
   
• Understanding the Risks of Damaged, Defective, or Recalled (DDR) Lithium Batteries for identifying and shipping DDR batteries.

COMING SOON: The "Lithium Battery Guide for Shippers" is now being updated to reflect the changes announced in recent rulemakings, including HM-215Q "Harmonization with International Standards" (April 10, 2024) and HM-219D "Adoption of Miscellaneous Petitions" (March 4, 2024). More next issue!

PHMSA develops compliance assistance materials that make it easier to understand and comply with the HMR. Electronic versions of these resources are available at: https://www.phmsa.dot.gov/training/hazmat/publications.

 

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For additional information contact:
The Hazardous Materials Info Center
1.800.HMR.4922 or (1.800.467.4922)
E-mail: infocntr@dot.gov
https://www.phmsa.dot.gov

Questions or suggestions for the next newsletter? Email Training@dot.gov, with the subject: "Newsletter."

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