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.
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 ([email protected]) 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
