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DOT Adopts Hazmat Special Permits, Approvals Into Regulations

Monday, March 24, 2014
Sandler, Travis & Rosenberg Trade Report

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration has issued a final rule amending the Hazardous Materials Regulations to adopt provisions contained in certain widely used or longstanding special permits and certain competent authority approvals that have established safety records.

Special Permits. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. PHMSA states that special permits thus enable the hazmat industry to quickly, effectively and safely integrate new products and technologies into production and the transportation stream. Special permits also reduce the volume and complexity of the HMR by addressing unique or infrequent transportation situations that would be difficult to accommodate in regulations intended for use by a wide range of shippers and carriers.

The special permits being adopted into the HMR via this final rule are as follows.

DOT-SP 9275 - Authorization for the transportation in commerce of certain limited quantities of liquids and solids containing ethyl alcohol and exemption of these shipments from the provisions of the HMR. PHMSA is modifying this adoption to limit containers using this exception to 8 fluid ounces and eliminating the need for marking the words “contains ethyl alcohol” on the package. Packages shipping between 8 fluid ounces and 1 gallon under this section are required to place the words “contains ethyl alcohol” on the package.

DOT-SP 11263 - Authorization for the transportation of Class 9 solid coal pitch compounds in non-specification open-top or closed-top sift proof metal cans or fiber drums.

DOT-SP 11836 – Authorization for the transportation in commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do not meet certain requirements.

DOT-SP 12134 - Authorization of exceptions for spent bleaching earth.

DOT-SP 12825 – Authorization to transport life-saving appliances, self-inflating, containing non-specification steel cylinders between a vessel and an authorized facility for servicing.

DOT-SP 14479 - Authorization for the use of alternative shipping names and marking requirements for regulated medical wastes.

Special Permits for Harmonization with the FAA Modernization and Reform Act of 2012 – PHMSA is adding an exception to the HMR for oxygen cylinders and other oxidizing cylinders transported aboard aircraft within the state of Alaska.

Competent Authority Approvals. The HMR allow companies or organizations to be granted approval for the manufacturing of packages in accordance with the HMR. A copy of each approval must be maintained at each facility where a packaging is manufactured under this approval.

PHMSA has now identified for adoption into the HMR the following approvals that have an established safety record.

CA2005120010 - Authorization to manufacture, mark and sell UN4G combination packagings with outer fiberboard boxes and inner fiberboard components that have basis weights that vary by not more than plus or minus 5% from the measured basis weight in the initial design qualification test report.

CA20060660005 - Authorization to manufacture, mark and sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall basis weights that vary by plus or minus 5% from the nominal basis weights reported in the initial design qualification test report.

CA2006060006 - Authorization to manufacture, mark and sell UN4G combination packagings with outer fiberboard components that have individual containerboard basis weights that vary by plus or minus 5% from the nominal basis weight reported in the initial design.

CA2006010012 - Authorization to manufacture, mark and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard basis weight that vary by plus or minus 5% from the nominal basis weight reported in the initial design qualification test report.

PHMSA is also revising the HMR to allow approval holders applying for a timely renewal to continue using their approval after the expiration date if they apply within 60 days of the expiration date.

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