PHMSA's Quarterly Newsletter Hazardous Materials Safety April June 2023
A Message from PHMSA's Deputy Associate Administrator
The February 3, 2023, train derailment in East Palestine, OH was a stark demonstration of the risks of hazardous materials in transportation and emphasized the importance of PHMSA’s safety mission. The Department remains committed to the ongoing investigation and to the safety and well-being of the residents.
Within hours of the incident, our team was en route and on the ground in East Palestine, OH. Our Accident Investigation Team is a group of specialized hazardous materials safety investigators at PHMSA, trained to rapidly deploy to hazmat transportation incidents. Their timely response and expert analysis of contributing and root causes allows PHMSA to learn from incidents, and to develop responses to improve safety.
In the wake of the East Palestine incident, PHMSA has developed three safety advisory notices meant to help improve the safety of hazmat transportation by rail. Published March 2, "Safety Advisory Notice for Tank Cars Equipped with Aluminum Manway Protective Housing Covers" calls on hazmat tank car owners and offerors to review their fleets and consider replacing aluminum protective coverings with carbon steel. Published March 3, "Safety Advisory Notice: Railroad Emergency Preparedness" urges all those engaged in the rail transportation of hazmat to develop emergency response plans and ensure emergency responders are adequately equipped to respond to rail transportation incidents involving hazmat, among other emergency preparedness steps. Finally, "PHMSA Safety Advisory Notice: DOT-111 Tank Cars in Flammable Liquid Service" emphasizes concerns with the survivability of DOT-111 tank cars, and encourages tank car owners and shippers of flammable liquids to voluntarily upgrade their tank car fleets to the DOT-117 specification tank car, the newest and safest available tank car design authorized for flammable liquid service.
However, our work is not done. In addition to the NTSB's investigation into the event, PHMSA will continue to support NTSB, FRA and the community, and, as Secretary Buttigieg announced in February, we have begun work to update relevant rulemakings, as well.
Carey Davis,
Deputy Associate Administrator, PHMSA
Rulemakings and Regulatory News
Notice of Public Meetings in 2023 for International Standards on the Transport of Dangerous Goods
PHMSA's Office of Hazardous Materials Safety 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 23 (WG/23), scheduled for May 15 to 19, 2023, in Rio de Janeiro, Brazil
- The 62nd session of the UNSCOE TDG, scheduled for July 3 to July 7, 2023, in Geneva, Switzerland
- The 29th session of the ICAO TDG, scheduled for November 13 to 17, 2023, in Montreal, Canada
- The 63rd session of the UNSCOE TDG, scheduled for November 27 to December 6, 2023, in Geneva, Switzerland
Each of these public meetings will be held approximately two weeks before the corresponding international meeting. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on the PHMSA website under "Upcoming Events." These meetings will be virtual, with hybrid options available as possible, pending public health guidelines.
The Federal Register announcement can be found here.
NPRM 219D: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements
On March 3, PHMSA published notice of proposed rulemaking (NPRM) 219D "Adoption of Miscellaneous Petitions and Updating Regulatory Requirements" to the Federal Register. This rulemaking proposes amendments to the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to petitions for rulemaking submitted by the regulated community between May 2018 and October 2020. Proposed changes would address regulations on compressed gas cylinders, streamlined hazard communication requirements, and the incorporation by reference of specified Compressed Gas Association (CGA) documents.
The comment period for this rulemaking closes May 2, 2023.
Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? You can subscribe to 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.
Hazardous Materials Registration
The 2023 registration year officially begins on July 1st and ends on June 30th of the following year, with early registration opening May 1st. The new 2023 registration brochure will be available for print in Mid-April. To download or print this brochure, please visit our website.
The tips below are intended to help you prepare for the upcoming 2023 registration year. Please read through this section for important information to eliminate errors in the processing of your registrations.
REGISTRATION TIPS:
- Please do not submit your registration prior to May 1st to avoid errors and processing delays. Any registration submitted before this date will NOT be processed.
- When renewing your registrations, please use your HM Company ID to avoid errors in typing your business name and company address. If you don’t know your HM Company ID, please contact our registration help desk for assistance.
- If you submitted a registration by mail or ACH, please allow up to 14 days for processing. You can also call our registration help desk after 7 days to check on the status.
- Please DO NOT submit a duplicate. If you are processing online payments and you do not receive your registration, contact our registration help desk for assistance.
- Please check to see if you have a previous registration prior to registering or call our registration help desk for assistance if you are unsure.
- Please check to ensure a payment was not made by someone else in your business or by a different method (ex. mailed-in check).
- If you feel you have made an error in the registration process – STOP!!! Call our registration help desk and let us assist you through the process.
- Prior to disputing payments, refunds, etc. with your bank, please consider calling the registration help desk. All financial payment issues can be resolved by the registration team, which is a quicker and more efficient process.
- If you cannot get through to a help desk representative, please send an email to Register@dot.gov.
- Please be patient with processing your registrations through our portal. Sometimes our systems are very busy, so allow time for processing. It would be best to try to re-submit on the next business day. If you are still having problems, then call our registration help desk for assistance.
Please submit only business contact information. The contact information you submit during the registration process, including names, addresses, phone numbers, and email addresses, may be disclosed in response to requests under the Freedom of Information Act (FOIA), 5 U.S.C. § 552.
Registration Help Desk numbers
If you are in need of assistance with registration questions or concerns, please contact the Registration help desk at the following numbers:
(202) 934-1630 for businesses beginning with the letters A-M
(202) 934-1631 for businesses beginning with the letters N-Z
For more information, visit: https://www.phmsa.dot.gov/registration/registration-overview
Note: In response to authorization from the Infrastructure Investment and Jobs Act of 2021, PHMSA published an Advanced Notice of Proposed Rulemaking (ANPRM): Adjusting Registration and Fee Assessment Program, which solicits stakeholder feedback on potential registration fee adjustments. These changes have not been enacted for the 2023 registration year.
For more on the potential fee adjustments, visit the ANPRM.
Publications and Resources
Understanding the Risks of Damaged, Defective or Recalled (DDR) Lithium Batteries
Damaged, defective, or recalled (DDR) lithium batteries pose a higher risk of fire than other lithium batteries. Unfortunately, because DDR batteries can be difficult to identify, they continue to be shipped without the proper packaging required to mitigate the added risk.
This brochure is intended to help shippers determine if lithium batteries are potentially damaged or defective, and how to ship them safely. In addition to defining DDR, the brochure includes visual examples to help identify the signs that a battery may be damaged or defective, and details the requirements for DDR shipments.
Link: Understanding the Risks of Damaged, Defective or Recalled (DDR) Lithium Batteries
Check the Box Before Shipping Strike-Anywhere Matches!
Strike-anywhere matches are considered hazardous materials for shipping purposes because they can be ignited by friction. Unlike safety matches, they are prohibited for transport by the United States Postal Service (USPS).
PHMSA has created this brochure, in partnership with the United States Postal Inspection Service (USPIS), to raise awareness of the unique risks posed by strike-anywhere matches and the corresponding need to declare, package, and ship them properly. The brochure provides details on the requirements for shipping strike-anywhere matches via non-USPS carriers, and tips for compliance with the HMR.
Find the brochure here: Check the Box Before Shipping Strike-Anywhere Matches!
For more on the risks of undeclared hazmat shipments, visit our Check the Box program homepage at transportation.gov/check-the-box
"Is Your Cylinder Safe to Fill?" Poster (Updated)
This propane cylinder safety poster assists fillers with inspecting cylinders for serviceability, based on cylinder requalification standards. It has been updated to reflect the October 30, 2020 final rule, which authorized 12-year initial and subsequent requalification periods for volumetric expansion testing and a 12-year initial requalification period for proof pressure testing.
Find the poster here: "Is Your Cylinder Safe to Fill?"
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.
Learning Opportunities
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.
Visit PHMSA's Webinars and Workshops page
Fireworks Webinar
PHMSA and the Georgia State Fire Marshall will be conducting a joint webinar on Tuesday, April 11, 2023, from 1pm -3pm EST. Subject-matter experts will discuss applicable Federal and State Laws, as well as the roles and responsibilities for handling certain hazardous materials, including: UN0335 Division 1.3G Display Fireworks, UN0336 Division 1.4G Consumer Fireworks, UN0336, 1.4G Fireworks for Professional-Use Only, and UN0431 Articles, pyrotechnic for professional purposes. This 2-hour virtual session is suitable for beginner-level learners.
Register here: https://opsweb.phmsa.dot.gov/hm_seminars/default_webinar.asp
For additional information contact:
The Hazardous Materials Info Center
1.800.HMR.4922 or (1.800.467.4922)
E-mail: infocntr@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