PHMSA's Quarterly Newsletter for Hazardous Materials Safety October - December 2022
A Message from the PHMSA Director of Standards and Rulemaking Division
The Pipeline and Hazardous Materials Safety Administration's (PHMSA) International Harmonization Rulemaking remains a top priority for the Office of Hazardous Materials Safety. While many of the baseline provisions of the Hazardous Materials Regulations (HMR) were engineered to last, and to remain constant over time, continued innovation drives us all forward. Harmonization with international regulations ensures that the HMR are informed by the latest best practices and lessons learned. This process brings with it opportunities to harness new and emerging technologies and methodologies to help keep our safety system in the cutting-edge state that the American public expects and deserves.
Harmonization is not a mechanical, rote alignment of the HMR with standards developed by other bodies. PHMSA partners actively with private and public sector safety professionals to bring U.S. leadership and expertise into the key standards-setting bodies tasked with developing a global model. These extensive efforts draw on the broad talent pool PHMSA team brings to the table, encompassing technical, data analysis, economic impact, legal, standards development, and outreach and communications expertise.
As with all good things, these efforts take time, and require dialogue and diplomacy before, during, and after the harmonization process. The worthy fruit of our efforts is a hazmat transportation network that remains accessible and equitable for the many invested in our safety system.
We are excited to bring you the latest international harmonization rule, HM-215P, as well as an informational webinar (described below) to help you understand the wide range of amendments within this new rule. We hope that you'll continue to partner with us as we lead both international development and domestic implementation of the highest safety standards the world has to offer.
Shane Kelley
Director, Standards and Rulemaking Division, PHMSA
Rulemakings and Regulatory News
HM-215P Final Rule: Harmonization with International Standards
The final rule HM-215P "Hazardous Materials: Harmonization with International Standards" was published to the Federal Register on July 26, 2022. This rule amends the HMR to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.
On September 21, PHMSA hosted a webinar detailing the provisions of HM-215P, consisting of a formal presentation followed by a Q&A session with attendees. A recording of the webinar has been published to the PHMSA YouTube page, and can be accessed here: https://www.youtube.com/watch?v=zxDVGz4kCGY
The final rule may be viewed at this link: https://www.federalregister.gov/documents/2022/07/26/2022-15358/hazardous-materials-harmonization-with-international-standards
For more information: https://www.phmsa.dot.gov/news/new-international-harmonization-rule-will-help-speed-movement-goods-reduce-costs-americans
This rule is effective on August 25, 2022.
The delayed compliance date is July 26, 2023.
Advanced Notice of Proposed Rulemaking: Adjusting Registration and Fee Assessment Program
The Infrastructure Investment and Jobs Act of 2021 authorized an increase for PHMSA's national emergency preparedness grant programs. To fully fund the program at the new amounts, it may be necessary to adjust fees for the statutorily mandated hazardous materials registration and fee assessment program.
With this ANPRM, PHMSA is soliciting stakeholder feedback on potential adjustments, including the following options:
- If registration fees remain at a maximum of $3,000 per year
- If Congress allows an increase in the maximum fee of $3,000 per year
- If PHMSA develops a method that could replace the existing two-tier registration structure with a more equitable system, based on the amount of risk introduced into the transportation system.
- Comments must be received by December 21, 2022.
Comments must be received by December 21, 2022.
The ANPRM may be viewed at this link: https://www.federalregister.gov/documents/2022/09/22/2022-20350/hazardous-materials-adjusting-registration-and-fee-assessment-program?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list
Notice of Public Meeting: Lithium Battery Air Safety Advisory Committee
The Lithium Battery Air Safety Advisory Committee will be meeting on October 20, 2022, from 9:00 AM to 5:30 PM EDT, during the Tenth Triennial International Fire & Cabin Safety Research Conference in Atlantic City, NJ. 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 must be sent by October 5, 2022, either via email (lithiumbatteryFACA@dot.gov) or to the contacts listed in the Federal Register notice below.
EXTENDED: Request for Information on Electronic Hazard Communication Alternatives
On July 11, 2022, PHMSA published a Request for Information (RFI) seeking public comment on the development of an electronic hazard communication standard, to act as an alternative to current, physical documentation requirements for hazard communication. By stakeholder request, PHMSA has extended the comment period an additional 45 days, to October 24, 2022.
Link to original FR notice: https://www.federalregister.gov/documents/2022/07/11/2022-14655/hazardous-materials-request-for-information-on-electronic-hazard-communication-alternatives
Frequently Asked Questions (FAQ) on the Applicability of the Hazardous Material Regulations
In March of 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 (LOI) and are meant to resolve recurring requests for common letters of interpretation. The initial Federal Register notice included answers to a list of twelve frequently-asked questions, to be published to PHMSA's Online Code of Federal Regulations (oCFR) tool.
In addition, the initial notice requested comment on the initiative and sought stakeholder input on the prioritization of future sets of frequently asked questions. 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 (recording available at the link below).
Link to Federal Register posting: https://www.federalregister.gov/documents/2022/03/22/2022-05958/hazardous-materials-frequently-asked-questions-applicability-of-the-hazardous-material-regulations
Link to webinar recording: https://www.youtube.com/watch?v=R1fCnNRK2d0
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.
Additional PHMSA News
Request for Comments for the ERG 2024
First responders, we want your feedback on ERG 2020, to inform our development of ERG 2024! Submit your name, organization, contact information, and comments to ERGComments@dot.gov. There is no formal deadline, but the review of comments will begin in early 2023.
ACTION NEEDED: ERG 2020 for iOS Mobile App
Do you use the ERG 2020 Mobile App on your iPhone or other Apple device? If you have an iOS version of the "ERG 2020" app published by the National Library of Medicine (NLM), it will no longer be supported after September 30, 2022.
To maintain continuity, you must download the current version: "ERG for iOS" from the Pipeline and Hazardous Materials Safety Administration. You can find the app at the link below, under the Pipeline and Hazardous Materials Safety Administration (PHMSA) storefront in the App Store, or by following the pop-up notification in the older NLM-published version of the app.
Link to ERG 2020 (iOS): https://apps.apple.com/us/app/erg-for-ios/id1597142669
For Android users, no additional action is needed! If you have an Android device and haven't yet downloaded ERG 2020, you can find it here: https://play.google.com/store/apps/details?id=gov.nih.nlm.erg2012
Página de Publicaciones (en español)
Las publicaciones en español de PHMSA ahora están disponibles en un lugar conveniente: nuestra nueva página de Publicaciones (en español). Estos recursos son buenos para aprender a cumplir con los reglamentos de materiales peligrosos (HMR).
PHMSA's Spanish-language publications are now available in one convenient location: our new Spanish-language Publications page. These resources are great for learning how to comply with the Hazardous Materials Regulations.
Link: https://www.phmsa.dot.gov/training/hazmat/publicaciones-en-espanol
APA Standard 87-1 A/B/C Fireworks Brochures
PHMSA recently published three new fireworks brochures, in accordance with the revised 2018 American Pyrotechnics Association (APA) Standard(s) 87-1 A, B, and C (incorporated by reference within the 49 CFR 173.64). The revised 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.
PHMSA's brochures for each category can be found at the links below and are intended to provide a high-level overview for the industry and interested parties.
Link to APA Standard 87-1A brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1a-fireworks-brochure
Link to APA Standard 87-1B brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1b-fireworks-brochure
Link to APA Standard 87-1C brochure: https://www.phmsa.dot.gov/training/hazmat/apa-standard-87-1c-fireworks-brochure
Position Announcements
Are you interested in making hazmat transportation safer? The Office of Hazardous Materials Safety is seeking driven professionals to join our team. Visit PHMSA's Careers webpage or our USAJobs board to keep up-to-date on the latest career opportunities. To learn more about working for the Office of Hazardous Materials Safety, follow this link: https://www.youtube.com/watch?v=3cB5e5tDr4k .
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: Tuesday, October 4, 2022