DOT Publishes Final Rule Boosting Compliance Flexibility for Hazmat Shipments

The U.S. Department of Transportation has published a hazmat transport rule to revise packing-related definitions, allow more flexibility when preparing and transmitting closure instructions, and clarify documentation requirements.

The rule from the department's Pipeline and Hazardous Materials Safety Administration (PHMSA), published in the Feb. 2 Federal Register, amends 49 C.F.R. Parts 171, 172, 173, 174, and 178. It is "designed primarily to enhance safety, clarify specific packaging regulations and to ease and enhance compliance" by incorporating changes into the hazardous materials regulations based on PHMSA's initiative and petitions for rulemaking submitted by stakeholders, PHMSA said in the notice.

The rule is effective Oct. 1, though voluntary compliance may begin as early as March 4.

The rule takes a number of steps to clarify and further explain portions of the rule, including replacing the phrase "strong outside container" with "strong outer packaging," while noting that the two terms can also be used interchangeably with "stronger outside packaging." It also adds a reader's aid to section 171.8 of the rule to better clarify the meanings of "remanufactured packaging" and "reconditioned packaging" and adds a reference to "reused packaging."

Changes to closure instructions include a requirement that closure instructions provide a "consistent and repeatable" means of closure of packaging. Companies that commented had been concerned that manufacturers might not be able to develop closure methods for all packaging methods that are both repeatable and measurable, but PHMSA takes steps in the rule to explain what those terms mean.

The agency also clarifies that manufacturers may use electronic means instead of or in addition to written notifications regarding how to properly close packaging.

PHMSA proposed the rule on Sept. 1, 2006, but the final version omits several proposals that were harshly criticized during the public comment period.

Significantly, the agency is not adopting proposed definitions for "bulk packaging" and "non-bulk packaging."

In the notice of proposed rulemaking, PHMSA proposed removing the maximum net mass and water capacity limits from the definitions and replacing them with requirements that emphasize packaging type and performance-oriented packaging standards. The agency said it did not intend to change the quantity thresholds in the regulations for bulk or non-bulk packaging.

According to the final rule, a majority of comments reflected objections to the proposed changes for a variety of reasons, including questions about whether the definitions could be interpreted to pertain to cylinders, their use in the transport of radioactive materials, and a concern that a lack of harmonization with United Nations Model Regulations would put U.S. companies at a competitive disadvantage.

The final rule published in the Federal Register can be accessed via:
http://frwebgate6.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=998298294539+0+1+0&WAISaction=retrieve

For more information: contact ACA's Heidi McAuliffe.

Date Posted: February 16, 2010