On March 3, 2023, PHMSA published NPRM HM-219D, Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements.

Summary: PHMSA 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 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These proposed revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials.

Comments to the proposal is due to PHMSA by May 2, 2023

PHMSA Proposals:

Harmonize with international regulations to allow the shipment of de minimis amounts of poisonous materials. (COSTHA petition P-1718).

  • COSTHA petition P-1718 requests that PHMSA amend § 173.4b to harmonize the de minimis exceptions for Division 6.1, Packing Group (PG) I (no inhalation hazard) materials with international regulations, including the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and the International Maritime Dangerous Goods Code (IMDG Code).
  • § PHMSA proposes adopting.

Marking exceptions under certain conditions for the transportation of lithium button cell batteries installed in equipment (COSTHA petition P-1726).

  • COSTHA petition P-1726 requests that PHMSA amend 49 CFR 173.185(c)(3) to clarify that lithium button cell batteries installed in equipment are excepted from the marking requirement and not subject to the quantity per package or per consignment limitation.
  • § PHMSA proposes revised introductory language in 49 CFR 173.185(c)(3) to clarify that lithium button cell batteries installed in equipment are not subject to any quantity per package or consignment limitations when applying the exception.

Modify the definition of “liquid” to include the test for determining fluidity (penetrometer test) prescribed in the agreement concerning the International Carriage of Dangerous Goods by Road (ADR). (COSTHA Petition P-1738)

Modify the definition of “liquid” to include the test for determining fluidity (penetrometer test) prescribed in the agreement concerning the International Carriage of Dangerous Goods by Road (ADR). (COSTHA Petition P-1738)

  • COSTHA petition P-1738 proposes that PHMSA modify the definition of a liquid in 49 CFR 171.8 to include the test for determining fluidity—ISO 2137:1985 (penetrometer test)—prescribed in section 2.3.4 of Annex A of the ADR. Section 171.8 states that a liquid means a material, other than an elevated temperature material, with a melting point or initial melting point of 20 °C (68 °F) or lower at a standard pressure of 101.3 kPa (14.7 pounds per square inch).
  • PHMSA proposes to revise the definition of a liquid in 49 CFR 171.8 to reference the test for determining fluidity (penetrometer test) prescribed in section 2.3.4 of Annex A of the ADR.

Revision of testing and marking of UN specification packagings. (SAMMI Petition P-1732).

SAAMI proposes that PHMSA amend 49 CFR 178.503(a)(6) by allowing UN performance-oriented boxes (e.g., UN 4A, 4B, or 4N for steel, aluminum, or other metal boxes, respectively) to be marked with the last two digits of the year of testing certification rather than the last two digits for year of manufacture.

  • § PHMSA proposes to amend §178.503(a)(6) to allow adding the last two digits of the year of certification be marked on type 4 packagings as an alternative to the year of manufacture.

SAAMI proposes to add an additional selective testing variation in 49 CFR 178.601(g) to allow for variation of packagings that include articles containing solid hazardous materials, packed in inner packagings without further testing, subject to certain conditions and that the variation also allow for an increase in dimensions of the outer packaging based on the design type.

  • § PHMSA proposes a new packaging variation in § 178.601(g)(6) to authorize selective testing of packagings containing “Cartridges for weapons, inert projectile(s) or blank (UN0012 and UN0014), Primers, cap type (UN0044), and Cases, cartridge, empty with primer (UN0055).” Inner packagings intended to contain these materials may be assembled and transported without testing provided that the outer packaging of a combination packaging successfully passes the tests in accordance with 49 CFR 178.603 and 178.606, and the gross mass does not exceed that of the tested type.
  • § PHMSA solicits comment on whether this testing variation should be expanded to other types of articles containing solid hazmat, such as fireworks. If you support expansion of the variation, provide associated cost savings of the expansion in your comments.

SAAMI proposes to revise the frequency of periodic retesting for combination packagings in 49 CFR 178.601 from 24 months to 60 months.

  • § PHMSA is not proposing the amendment as they need more time to evaluate and may consider the proposal in a future rulemaking.

Authorizing smaller combustible placard on IBCs

Petition (P-1734) proposes PHMSA revise 49 CFR 172.514(c) to allow shippers to transport IBCs containing combustible liquids (NA1993) bearing a combustible placard sized to be consistent with the label size specifications in 49 CFR 172.407(c), of 100 mm on each side.

PHMSA proposes to revise 49 CFR 172.514(c)(4) to allow IBCs containing combustible liquids to be placarded with a combustible placard that meets the label size specifications in § 172.407(c).

PHMSA solicits comment on whether the allowance for labels instead of placards should be authorized for other bulk packagings containing combustible liquids. If you support such an adoption, provide associated cost savings of the expansion in your comments.

Updating certain Institute of Makers of Explosives (IME) documents currently incorporated by reference. (IME Petition P-1731)

Phaseout of hydrofluorocarbons (HFCs)

Updating certain Institute of Makers of Explosives (IME) documents currently incorporated by reference. (IME Petition P-1731)

Phaseout of hydrofluorocarbons (HFCs)

  • EPA published a final rule to phasedown use of HFCs by at least 85% by 2036.
  • PHMSA proposes to revise the § 173.304(d) transportation requirements for refrigerant gases adopting the same prohibition on the filling and transportation of certain HFCs in non-refillable cylinders to align with EPA’s efforts. Including:
  • § to move the current paragraph (d) requirements to a new paragraph (d)(1) regarding refrigerant and dispersant gases.
  • § to create a new paragraph (d)(2) to add a list of HFCs that would no longer be permitted to be filled and transported in nonrefillable cylinders.
  • § to phase out the import or domestic filling of the listed HFCs in a non-refillable cylinder by January 1, 2025, and would prohibit the offering of HFCs in non-refillable cylinders after January 1, 2027.
  • § a phaseout exception for small cans (i.e., aerosol cans) containing less than two pounds of a listed HFC with a self-sealing valve.

Emergency Processing of Special Permits

PHMSA proses to add a new paragraph 49 CFR 107.117(a)(4) to provide clarification that the Associate Administrator may also approve emergency processing of a special permit in support of certain essential governmental functions—both foreign and domestic.

PHMSA proses to add a new paragraph 49 CFR 107.117(a)(4) to provide clarification that the Associate Administrator may also approve emergency processing of a special permit in support of certain essential governmental functions—both foreign and domestic.

Cylinders/Gases:

  • Allow for appropriate flexibility of packaging options in the transportation of compressed natural gas in cylinders.
  • Streamline the approval application process for the repair of specific DOT specification cylinders.
  • Provide greater clarity on the filling requirements for certain cylinders used to transport hydrogen and hydrogen mixtures.
  • Provide greater clarity by requiring a specific marking on cylinders to indicate compliance with certain HMR provisions.
  • Provide greater flexibility and accuracy in hazard communication by allowing additional descriptions for certain gas mixtures.
  • Incorporate by reference a Compressed Gas Association (CGA) publication C-20-2014, “Requalification Standard for Metallic, DOT and TC 3-series Gas Cylinders and Tubes Using Ultrasonic Examination,” Second Edition, which will eliminate the need for some existing DOT special permits and allow alternative methods for the requalification of cylinders. This revision would eliminate the need for special permit applications and renewals.
  • Incorporate by reference the updated Appendix A of CGA publication C-7-2020, “Guide to Classification and Labeling of Compressed Gases,” Eleventh Edition.
  • Incorporate by reference the CGA publication C-27-2019, “Standard Procedure to Derate the Service Pressure of DOT 3-Series Seamless Steel Tubes, First Edition.”
  • Incorporate by reference the CGA publication CGA C-29-2019, “Standard for Design Requirements for Tube Trailers and Tube Modules, First Edition.”
  • Incorporate by reference the CGA publication CGA V-9-2019, “Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Eighth Edition.”