"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!

Spotlight: Micromobility Safety

Transportation is always changing, as people want to travel faster, more affordably, and in a more energy-efficient and convenient manner. Electrification of transportation is flourishing, with significant growth in electric vehicles (EVs) as well as “micromobility devices” – like electric bikes (ebikes), scooters, skateboards, hoverboards, or unicycles. You may have noticed the popularity of these devices in your own community, whether being used by commuters, in rental/share stations, or parked on the sidewalk. Micromobility devices are less harmful to the environment than motor scooters and offer low-cost transit opportunities in areas not served by buses or trains. Plus, they’re fun!

However, it is important to note that these devices are powered by a hazardous material: lithium-ion batteries. Improper charging, storage, or handling can lead to fires that are extremely difficult to put out. In 2023 alone, there have been at least 187 fires attributed to micromobility devices in New York City, resulting in 14 deaths according to FDNY. Most of these incidents occurred due to damaged, misused, abused, or counterfeit batteries. Many consumers are unaware of the dangers posed by these devices, and the need for safety when using, charging, storing, and disposing of lithium batteries.

PHMSA is committed to promoting safety related to micromobility devices. As part of our efforts, PHMSA representatives have met with community and emergency response leaders to discuss the challenges they face in fighting fires caused by lithium-ion battery-powered devices. Further, we have partnered with other Federal agencies – such as the Environmental Protection Agency and Consumer Products Safety Commission (CPSC) – to discuss the regulatory landscape, and how the government can ensure public and environmental safety while remaining good stewards of micromobility innovation. Later this month, Deputy Administrator Tristan Brown will be speaking on a panel with the FDNY and CPSC at the Micromobility America conference in San Francisco, CA, focused on battery safety concerns. To further enhance safety awareness, PHMSA will soon release two outreach brochures, one tailored to municipalities and the other for consumers and industry, focusing on these devices.

As a growing market, micromobility presents unique challenges that require innovative solutions, collaboration, and an on-going dialogue with industry leaders and pioneers. PHMSA is committed to driving these conversations—through public awareness, education, and outreach to communities and industry—to help to grow the world of micromobility.

 

Notice of Public Meeting: Lithium Battery Air Safety Advisory Committee

The Lithium Battery Air Safety Advisory Committee will be meeting on November 2, 2023, from 9:00 AM to 5:30 PM EDT, at DOT Headquarters in Washington, DC (1200 New Jersey Avenue SE, West Building). The final agenda will be posted on the Lithium Battery Air Safety Advisory Committee website at least 15 days in advance of the meeting.

This meeting is open to the public, including a virtual option. Requests to attend the meeting, to speak during the meeting, or to submit written materials to be reviewed during the meeting must be sent by October 18, 2023, either via email (lithiumbatteryFACA@dot.gov) or to the contacts listed in the Federal Register notice below.

Federal Register notice: https://www.federalregister.gov/documents/2023/10/03/2023-21883/lithium-battery-air-safety-advisory-committee-notice-of-public-meeting?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

Notice: Explanation of Classification of Thermite Mixtures

On September 22, PHMSA published the notice "Explanation of Classification of Thermite Mixtures" to our website. As this notice explains, PHMSA has temporarily reclassified certain thermite formulations as Division 4.1 flammable solids rather than Class 1 explosives, while we complete ongoing research on thermite formulation classification. The notice further details how this determination was made, and how PHMSA is instructing its approved test labs on how to evaluate thermite formulations submitted for classification testing.

Final Rule HM-264A: Suspension of LNG by Rail

On September 1, PHMSA published the final rule "HM-264A: Suspension of HMR Amendments Authorizing Transportation of Liquified Natural Gas by Rail," which temporarily suspends the July 2020 rule allowing the transportation of liquified natural gas (LNG) by tank car. The suspension, in coordination with the Federal Railroad Administration (FRA), will ensure no rail tank car transports LNG before June 30, 2025 or when updated research on safety and the revised rulemaking are completed, whichever is earlier.

This suspension will minimize potential risks to public health, safety and the environment. Since 2021, when the proposed suspension was posted for public comment, it has received more than 10,000 public comments, showing widespread support. The suspension will give time for PHMSA, in conjunction with the National Academies of Sciences and Engineering as well as our Canadian regulator counterparts, to complete critical research on transporting cryogenic liquids like LNG (and hydrogen) by rail more safely. This research is expected to conclude in the next year or so and will inform future federal safety regulations from PHMSA and the FRA.

This final rule is effective October 31, 2023.

Incident Reporting: Frequently Asked Questions (FAQ)

On August 18, PHMSA published a set of Frequently Asked Questions (FAQ) related to hazardous materials incident reporting requirements, as established in 49 CFR 171.15 – 171.16. The questions in this FAQ were developed in response to more than fifty Letters of Interpretation (LOI) requests in past years, covering such topics as what is required on a DOT 5800.1 form, the meaning of “undeclared,” record keeping requirements, and more.

This set of FAQ is the second in a series, and part of a larger initiative to address recurring requests for common letters of interpretation. The first set of FAQ, consisting of twelve questions on the applicability of the Hazardous Material Regulations, may be found here.

EXTENDED: HM-265A: Modernizing Regulations to Improve Safety and Efficiency

On July 5, 2023, PHMSA published the Advance Notice of Proposed Rulemaking (ANPRM) "HM-265A: Modernizing Regulations to Improve Safety and Efficiency" to the Federal Register. Based on feedback from industry stakeholders, internal PHMSA review, NTSB safety recommendations, and modal safety partners, the ANPRM addresses 46 separate areas where the requirements of the HMR may need to be updated to increase efficiency while improving safety. Topics addressed in the ANPRM include those related to UN Performance Oriented Package testing, tank car safety, hazardous material employee training, and updates to standards incorporated by reference, among others.

The public comment period for this ANPRM has been extended, in response to a request from the American Short Line and Regional Railroad Association. Comments are now due by December 4, 2023. For questions, please contact Mr. Eamonn Patrick at eamonn.patrick@dot.gov.

EXTENDED: HM-263: FAST Act Requirements for Real-Time Train Consist Information

In June, PHMSA published a new Notice of Proposed Rulemaking (NPRM) aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads' provision of hazardous materials information to responders during a hazmat incident. This proposal is a response to mandates in the Fixing America's Surface Transportation (FAST) Act and a recommendation from the National Transportation Safety Board (NTSB).

The proposal would require all railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Required information would include the quantity and position of the shipment on the train, the shipment's origin and destination, and a designated emergency point of contact at the railroad. Railroads would also be required to proactively "push" that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

The public comment period for this NPRM has been extended, in response to a request from the American Short Line and Regional Railroad Association. Comments are now due by October 27, 2023. For questions, contact Dirk Der Kinderen at (202) 366-8553.

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.

OHMS Research, Development, and Technology (RD&T) Forum

PHMSA’s Office of Hazardous Materials Safety will be holding its annual Research, Development, and Technology (RD&T) Forum on November 28, 2023, from 9:00 AM to 4:30 PM ET. The Forum will be held virtually, via Zoom.

This innovative event aims to cast a spotlight on the OHMS RD&T Program's cutting-edge research initiatives, unveil new project plans, and illuminate program strategies that pave the way for safer and more sustainable hazardous materials transportation practices. Discussions will delve into a diverse array of topics, including safety enhancements, advancements in battery technologies, sustainability, and more.

Your input is crucial in shaping the future of hazardous materials transportation safety. At the OHMS RD&T Forum, experts, stakeholders, and enthusiasts alike will have the unique opportunity to engage with a series of presentations and engaging panel discussions. This is an event where ideas converge, innovations thrive, and collaborations blossom, all in the pursuit of ensuring a safer hazardous materials transportation landscape for everyone.

We look forward to your participation on November 28, 2023!

Secure your spot by pre-registering here: https://usdot.zoomgov.com/webinar/register/WN_pCY0ntXkQbejLrbZFcScow.

"¿Hazardous Matt se esconde en tu paquete?"

¡Un nuevo recurso ya está disponible en español!

Este folleto es una parte de la iniciativa "Check the Box" (Verifica tus paquetes), una campaña educativa que fomenta la concienciación pública sobre la necesidad de un transporte más seguro de materiales peligrosos. El folleto crea conciencia sobre la variedad de artículos comunes que son un peligro durante su transporte e introduce los requisitos para un envío seguro materiales peligrosos.

Enlace: https://www.transportation.gov/check-box/check-box-brochure-spanish

¡Y para obtener más recursos en español, visite nuestra página de Publicaciones!

Transporting Agricultural Products Safely

Many products used in agricultural operations, like fertilizers and pesticides, are considered hazardous materials. PHMSA developed this brochure to help farmers and agricultural workers determine how agriculture is regulated by the Hazardous Materials Regulations, and whether any of the exceptions for agricultural products apply to their transportation operations.

As PHMSA writes in a recent Op-Ed, the agency recognizes the importance of anhydrous ammonia to American agriculture, and is committed to ensuring it is transported safely. To help, this new brochure features an overview of requirements for anhydrous ammonia nurse tanks, including how to avoid the most common violations.

Link: https://www.phmsa.dot.gov/training/hazmat/transporting-agricultural-products-safely

Check the Box Outdoors

Its autumn, and that means bonfires, the start of hunting season, and enough time for one more outdoors trip! But remember, some camping, hiking, or hunting supplies are considered hazardous materials.

Always be aware of the risks associated with these items and consider how to handle them safely. When choosing to ship or sell them, they must be properly classified, packaged, labeled, handled, and stowed for transportation, per the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180). To help, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has prepared the "Is Hazardous Matt Hiding Outdoors?" brochure, with shipping and air travel information for common outdoors-related hazmat, and links to additional compliance aid documents.

While this brochure is focused on strike-anywhere matches, DOT-39 single-use propane cylinders, and small arms supplies, these are just a few outdoors-related items that are considered hazmat. Visit the Check the Box homepage to determine if your items are considered hazmat.

Adventure safely and remember to always Check the Box before shipping hazardous materials!

Understanding Materials of Trade (MOTs)

Materials of Trade, or MOTs, are a category of hazmat which, when transported by motor vehicle in small quantities as part of a business (other than transportation), are subject to fewer HMR requirements due to the limited hazard they pose. This brochure provides a general overview of the Materials of Trade exception, including the parameters, applicable materials, and a flowchart for determining quantity restrictions.

Link: https://www.phmsa.dot.gov/training/hazmat/materials-trade-mots

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

Coming soon: 2024 Edition of the Emergency Response Guidebook (ERG).

PHMSA Webinars

PHMSA offers informational hazardous materials transportation workshops and webinars. These free webinar opportunities are for anyone who offers or transports hazardous materials in commerce or has a desire to learn more about the HMR. For more information, visit our Webinars webpage (below), and follow the registration link to see the upcoming schedule of events.

Link to PHMSA Webinars and Workshops: https://www.phmsa.dot.gov/hazmat/seminars/webinars.

 

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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

PHMSA Quarterly Newsletter is a quarterly news and information publication for the hazmat community at-large. Please submit any questions or requests to Training@dot.gov, with the subject: "PHMSA Newsletter Request."

To view the archive of previous issues, visit: https://www.phmsa.dot.gov/training/hazmat/phmsas-quarterly-hazmat-newsletter

Link to subscribe: https://service.govdelivery.com/accounts/USDOTPHMSA/subscriber/new

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