PHMSA's Quarterly Newsletter Hazardous Materials Safety January March 2023
Leadership Update
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proud to welcome two new additions to our leadership team!
Samantha Keitt joins as Director of Governmental, International and Public Affairs. Most recently, she was the Vice President of Public Affairs at Left Hook, leading the communications department's press strategies. Before joining Left Hook, Samantha was a Director of Public Affairs at SKDK, managing various issues, including corporate affairs, DEI initiatives, paid family and medical leave and more. Before SKDK, she was the Press Secretary for the NYC Department of Small Business Services, and also worked at ABC News, developing media strategies for Good Morning America: Weekend, Nightline, and ABC News Digital. A Georgia native, Samantha graduated from the University of Georgia and has a Master's degree from George Washington University.
Osasu Dorsey joins as Chief Counsel. She most recently served as a senior advisor and the first White House Leadership Development Program fellow in the Office of the National Cyber Director, Executive Office of the President. Prior to that, Osasu served as an Associate Deputy General Counsel in the Department of the Army, Office of the General Counsel, where she successfully led essential Army programs and handled a wide range of complex legal and policy issues. She has also served in attorney roles at the U.S. Senate Select Committee on Ethics, National Nuclear Security Administration in the Department of Energy, and Defense Nuclear Facilities Safety Board. She has a B.A. in English and Philosophy from the University of Mary Washington, an M.A. in Magazine, Newspaper, and Online Journalism from Syracuse University, and a J.D. from the University of Baltimore School of Law. She was a visiting fellow at Howard University School of Law during her final year of law school.
Samantha and Osasu join a leadership team committed to protecting people and the environment by advancing the safe transportation of energy and other hazardous materials. For more on PHMSA leadership, visit: https://www.phmsa.dot.gov/about-phmsa/leadership
Shipping Holiday Returns? Check the Box!
With the holidays in the rear-view mirror, it might be time to ship back those gifts you don't want or need. But be sure to consider what you're shipping!
Did you know many consumer goods contain hazardous materials – such as lithium batteries, flammable liquids, or compressed gases? If what you’re planning to return includes hazardous materials, your shipment may be subject to DOT regulations.
Follow these tips to make sure that you’re shipping safely:
- Look for marks or labels indicating that the item contains hazardous materials. If you’re unsure, contact the manufacturer and request a Safety Data Sheet (or “SDS”).
- Follow the retailer’s specific instructions or retailer-provided packaging to send your items back.
- Notify the carrier when you drop off the package if it contains hazardous materials.
Check out our Check the Box homepage for more information, and make sure you know if Hazardous Matt is hiding in your package.
Rulemakings and Regulatory News
Safety Device Classification
On October 13, PHMSA published the notice "Hazardous Materials: Safety Device Classification Policy," to the Federal Register. This Notice details what PHMSA will consider when reviewing an approval application to use the shipping description "UN3268, Safety devices, electrically initiated, 9," and establishes a policy for classifying subcomponents of existing safety devices as safety devices in their own right.
In addition, the policy states that PHMSA will balance the potential safety benefits to persons in vehicles, vessels or aircraft with the potential danger posed by shipping explosive materials that are not incorporated in a larger component device.
HM-260B “Editorial Corrections and Clarifications”
On December 27, PHMSA published the Final Rule HM-260B, “Editorial Corrections and Clarifications,” which amends the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171-180) to correct typographical errors and supply information or language that had been inadvertently omitted. Changes include fixing incorrect regulatory references and citations, addressing misstatements of certain regulatory requirements, as well as removing obsolete references to regulatory provisions, dates, and outdated concepts (such as other regulated materials-domestic (ORM-D)).
Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)
On December 21, PHMSA published the Final Rule "Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)," which revises HMR requirements for lithium cells and batteries transported by aircraft. This follows the previous Interim Final Rule, published in March 2019, which responded to congressional mandates, prohibited the transport of lithium ion cells and batteries as cargo on passenger aircraft, required lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment, and limited the use of alternative provisions for smaller lithium cell or battery shipments to one package per consignment.
In response to subsequent comments, this final rule provides editorial amendments and modification of certain provisions, including marking requirements, requests for an extension on the compliance date, and exception for lithium cells or batteries used for medical devices with approval by the Associate Administrator.
Frequently Asked Questions (FAQ) on the Applicability of the Hazardous Materials Regulations
In March 2022, PHMSA announced an initiative to publish frequently asked questions (FAQ) on its website to facilitate better public understanding and awareness of the HMR. The FAQ contained in this repository were informed by historical letters of interpretation and are meant to resolve recurring requests for common letters of interpretation.
This final notice, issued December 9, 2022, finalizes answers to the first set of twelve FAQs in response to stakeholder comments, and announces the topic for the next set of FAQs, pertaining to incident reporting requirements.
The initial notice requested comment on the initiative, and sought stakeholder input on the prioritization of future sets of FAQs. To encourage greater engagement, the comment period was extended an additional 60 days, until July 22, 2022. PHMSA also held a webinar to clarify the process and offer direct Q&A.
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.
Publications and Resources
Fireworks Resources: New and Updated
The revised American Pyrotechnics Association (APA) Standard 87-1 was finalized and published November 25, 2021, and created three separate standards for the construction, classification, approval and transportation of the following firework types:
- APA Standard 87-1A: Consumer Fireworks
- APA Standard 87-1B: Display Fireworks
- APA Standard 87-1C: Entertainment & Technical Pyrotechnics.
In accordance with this standard, PHMSA recently published three new fireworks brochures, intended to provide a high-level overview of each category to assist the industry and interested parties.
APA Standard 87-1A brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1a-fireworks-brochure
APA Standard 87-1B brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1b-fireworks-brochure
APA Standard 87-1C brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1c-fireworks-brochure
In addition, PHMSA updated the following compliance-assistance resources for fireworks, to comply with the new APA Standard. All resources can be found on PHMSA's Fireworks webpage, as well as at the links below.
1. Safety Guidance for Consumer Fireworks
This is a quick guide to the requirements for shipping Division 1.4G consumer fireworks, including shipping papers and safe loading, as well as proper handling for shipments over 1,001 lbs. gross weight. Available in two formats, for easy access in warehouse settings and aboard vehicles!
Poster: https://www.phmsa.dot.gov/training/hazmat/safety-guidance-shipping-consumer-fireworks-poster
Card: https://www.phmsa.dot.gov/training/hazmat/safety-guidance-shipping-consumer-fireworks-card
2. Are You Renting a Van or Box Truck to Transport Fireworks?
This poster-sized resource details the requirements for transporting fireworks via a rented van or box truck. Topics include the general requirements for fireworks shipments, registration and security requirements, loading requirements, and regulatory references, as well as permit requirements when transporting 55 lbs. or more of Division 1.1G and 1.3G explosives.
Link: https://www.phmsa.dot.gov/training/hazmat/are-you-renting-van-or-box-truck
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
Hazmat Employee Course
Florida SouthWestern State College will be hosting a remote train-the-trainer course on hazmat safety, from January 16 to February 19, 2023. The course blends industry knowledge and adult-learning philosophies to prepare students to become Hazmat Trainers, and covers:
- Hazmat general awareness
- How to perform a hazmat needs assessment
- Adult learning, and how to deliver information to maximize understanding
- How to develop and deliver a high-quality course.
This course was developed in partnership with Hazmat Safety Consultants, LLC, with funding from PHMSA’s Hazardous Materials Instructor Training (HMIT) Grant program.
To register, visit: https://fsw.catalog.instructure.com/browse/corporate-training/courses/hazmat-train-the-trainer-jan-16---feb-19
For more on PHMSA funding opportunities: https://www.phmsa.dot.gov/working-phmsa/grants/phmsa-funding-opportunities-brochure-pdf
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.
For additional information contact:
The Hazardous Materials Info Center
1.800.HMR.4922 or (1.800.467.4922)
E-mail: infocntr@dot.gov
PHMSA National 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."
Link to the PHMSA Quarterly Newsletter for July-September 2022: https://www.phmsa.dot.gov/training/hazmat/phmsas-quarterly-newsletter-hazardous-materials-safety-special-issue-lithium-batteries-july-september2022
Link to subscribe: https://service.govdelivery.com/accounts/USDOTPHMSA/subscriber/new
Last updated: Friday, January 6, 2023