Hazmat 101 News - May 24, 2002

Regulatory Agenda for Hazardous Materials Transportation Issues

By Prokopis A. Christou, PE

In today's issue, we will focus on recent activities by the Research and Special Programs Administration (RSPA) as published in the Federal Register.

Some explanations: RSPA is  an agency of the U.S. Department of Transportation (DOT). It is the Federal agency charge to the hazardous materials regulatory program in the U.S. For modal requirements (air, water and highway), RSPA works together with he modal transportation agencies: Federal Air Administration , U.S. Coast Guard, Federal Motor Carrier Safety Administration. The term hazardous materials used in the U.S. is identical to the term dangerous goods used internationally. The Federal Register is the "newspaper" of U.S. government where all Federal agencies must publish notices of regulatory actions.

  1. Regulatory Agenda for Hazardous Materials Transportation Issues
  2. Security Requirements for the Transportation of Hazardous Materials
  3. Corrections--Harmonization of the Hazardous Material Regulations with International Standards
  4. Harmonization of Transport Requirements for Radioactive Materials

1. Regulatory Agenda for Hazardous Materials Transportation Issues

U.S. Federal agencies have published their Semiannual Regulatory Agendas in the May 13, 2002 Federal Register. The list below includes a partial list of regulatory actions about hazardous materials transportation issues that the Research & Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation, is working on or has completed. Some listed target dates have been missed.

  • Clarify  requirements for retention of  shipping papers. Actions: Propose 9/12/01, Final  7/02.
  • Clarify applicability of Federal hazardous materials regulations to loading, unloading and storage.  Actions:  Advance Notice 7/29/96, Supplemental Notice 4/27/99, Proposed 6/14/01, Final 6/03.
  • Revise standards for infectious substances.  Actions:  Advance Notice 9/2/98, Proposed 1/22/01, Final 5/02.
  • Update requirements for incident reporting.  Actions: Advance Notice 3/23/99, Proposed 7/3/01, Final 12/02.
  • Revise hazard communication requirement to improve safety (shipping papers, marking, labeling, placarding).  Actions:  Propose 6/02.
  • Re-write the DOT Exemption procedures.  Actions:  Withdrawn 3/12/02.
  • Update hazardous manifest requirements  to accommodate changes proposed by US EPA. Actions:  Proposed 8/8/01, Final 12/02.
  • Clarify current inspection requirements for frangible discs (rupture discs) in pressure relief devises on rail tank cars.  Actions: undetermined as of 5/02.
  • Reduce registration fees for shippers and carriers and make other revisions.  Actions:  Proposed 12/7/00, Partial Final 9/02.
  • Re-write the HM procedural regulations (Parts 106 and 107) in question and answer format to make them easier to understand. Actions:  Proposed 12/11/98, Final 5/02.
  • Continued harmonization of HM regulations with international standards. Actions: Propose 7/02.
  • Mandatory measures for shippers and transporters designed to enhance security of hazardous materials. Actions: Propose 5/2/02.

2. Security Requirements for the Transportation of Hazardous Materials

The Research & Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), is proposing to revise the hazardous materials regulations to require mandatory measures intended to enhance the security of hazardous material in transportation. This proposal is a result of an agency review of potential terrorist dangers following the terrorist attack of September 11, 2001. RSPA published an advisory notice of voluntary measures on February 14, 2002 . 

The proposed requirements are:

  1. Shipping papers must include the name and complete addresses from which the shipment originates (consignor) and the name and complete address of each person to whom the material will be delivered to (consignee). Names and addresses may be on the shipping paper itself or on an attachment. Billing addresses, post office box addresses, or headquarters addresses do not meet this requirement. This provision would  become effective 20 days after the effective date of the rule.

  2. A shipper (offeror) required to have a DOT hazmat registration (pursuant 49 CFR Part 107, Subpart G) must include on shipping papers the registration number identified as "U.S. DOT Hazmat Reg. No." An exception is proposed for certain low risk materials. This provision would become effective 20 days after the effective date of the rule.

  3. Each person subject to DOT hazmat Registration,  and each person who offers or transports certain infectious substances (Division 6.2 materials) must develop and implement a security plan for security risks associated with the transportation of these materials.

  4. Shippers and carriers must provide security training to DOT hazmat employees  within three months of  the effective date of the rule. Recurrent training would be required every three years (same as for the other DOT hazmat training components).

  5. Drivers and motor carriers must ensure that shipping papers and attachments are readily available to authorities during inspection or accidents.

  6. Motor carriers subject to DOT registration must carry a copy of the their DOT registration certificate on board each  truck and truck tractor.

More information: For details see the May 2, 2002 Federal Register. The agency accepts comments until 6/3/02.

3. Corrections--Harmonization of the Hazardous Material Regulations with International Standards

On June 21, 2001, the Research & Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), revised the Hazardous Materials regulations (HMR) to maintain alignment with international standards. This final rule corrects errors and omissions related to the June 21, 2001 final rule.

The following correction affects the shipping samples of hazardous materials:

Paragraph 49 CFR 172.101(c)(11)4(a) is corrected by adding the authorization for the word "Sample" to appear as part of the Proper Shipping Name (for example, "Flammable Liquid N.O.S, Sample".) This serves as alternative to the requirement for the word "sample" to appear in association with the Basic Shipping Description on the shipping paper, unless the word "sample is already appears in the Proper Shipping Name.

For example, the following DOT shipping descriptions are acceptable for a liquid sample tentatively classified as flammable liquid, packing group III:

FLAMMABLE LIQUID, N.O.S., 3, UN1993, PG III, SAMPLE.

FLAMMABLE LIQUID, N.O.S., SAMPLE, 3, UN1993, PG III.

SAMPLE, FLAMMABLE LIQUID, N.O.S., 3, UN1993, PG III.

More information: For details see the April 3, 2002 Federal Register.

4. Harmonization of Transport Requirements for Radioactive Materials

The U.S. DOT and Nuclear Regulatory Commission published proposed rules to harmonize U.S. Transport Regulations with  the International Atomic Energy Agency (IAEA) publication, entitled "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1. The purpose of the rulemaking initiative is to harmonize requirements of the HMR with international standards for radioactive materials as well as to promulgate agency initiated requirements.

More information: For details see the April 30, 2002 Federal Register. DOT accepts comments until July 29, 2002.