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Kevin Leary Int’l Transportation Specialist Pipeline and Hazardous Materials Safety Administration

Dangerous Goods Instructors Symposium August 2013. Kevin Leary Int’l Transportation Specialist Pipeline and Hazardous Materials Safety Administration. What You will Learn. PHMSA’s Mission Regulatory Drivers Recent Regulatory Changes and What do they Mean to You What to expect.

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Kevin Leary Int’l Transportation Specialist Pipeline and Hazardous Materials Safety Administration

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  1. Dangerous Goods Instructors Symposium August 2013 Kevin LearyInt’l Transportation SpecialistPipeline and Hazardous Materials Safety Administration

  2. What You will Learn • PHMSA’s Mission • Regulatory Drivers • Recent Regulatory Changes and What do they Mean to You • What to expect

  3. PHMSA Mission and Vision Our mission is to protect people and the environment from the risks of hazardous materials transportation. To do this we establish national policy, set and enforce standards, educate, and conduct research to prevent incidents; we also prepare the public and first responders to reduce consequences if an incident does occur. Our vision is that no harm results from hazardous materials transportation.We cannot accept death as an inevitable consequence of transporting hazardous materials, so we will work continuously to find new ways to reduce risk toward zero deaths, injuries, environmental and property damage, and transportation disruptions.

  4. The Hazardous Materials Regulations • Promote a prevention-oriented regulatory system • Maximize safety and security while minimizing regulatory burden on industry • Reduce the probability and consequences of hazmat release

  5. PHMSA’s Regulatory Drivers • Hazmat Safety & Security, International Harmonization, Clarification • Moving Ahead for Progress in the 21st Century Act” (MAP-21) • Retrospective Regulatory Review (RRR)

  6. Final Rules

  7. Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners • Final rule published 7/30/2013 • This rule is effective on 8/29/2013 • Purpose: • Revise the HMR applicable to air bag inflators, air bag modules, and seat-belt pretensioners to reduce the regulatory burden on the automotive industry while maintaining the current level of safety

  8. HM-254 • Summary • Incorporates Special Permits DOT-SP 12332 and DOT-SP 13996 • Revises the current approval and documentation requirements for a material appropriately classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner per petition for rulemaking change P-1523 (North American Automotive Hazmat Action Committee). 

  9. Hazardous Materials: Revision to Fireworks Regulations (RRR) • Final rule published 7/16/2013 • This rule became effective on 8/15/2013 • Purpose: • Retrospective Regulatory review • Reduce regulatory burden • Provide alternatives to approvals process for fireworks

  10. HM-257 • Summary: • Establishes DOT-approved fireworks certification agencies that will provide an alternative to the approval process for Division 1.4G consumer fireworks. • Intended to expedite the review and reduce the time to market for these items. 

  11. Hazardous Materials; Temporary Reduction of Registration Fees • Final Rule published and effective 4/19/2013 • Summary • Reduce the registration fee by 50% for the 2012-2013 year to meet statutory requirement to adjust the registration fee when there is an unexpected balance. • A person who registered for multiple years in one Registration statement which includes RY 2013-2014 will be eligible to request a refund for a portion of the fee paid for RY 2013-2014. PHMSA will notify registrants who are eligible for a refund.

  12. How to Claim Your Refund? • PHMSA internet site: Requires PHMSA Registration and PIN that was mailed to you • Telephone or email 202-366-4109 or 800-962-6990 Register@dot.gov

  13. Hazardous Materials: Revision of Maximum and Minimum Civil Penalties • Final Rule published 4/19/2013 • This rule becomes effective on 4/17/2013 • Purpose • Amend the maximum and minimum civil penalties in the HMR as amended in the Congressional “Moving Ahead for Progress in the 21st Century Act” (MAP-21), effective October 1, 2012.

  14. HM-258 • Summary: • The maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property.  • There is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.

  15. Hazardous Materials: Miscellaneous Amendments (RRR) • Final Rule published 3/11/2013 • Summary • Amend HMR to promote safer transportation practices; eliminate unnecessary regulatory requirements; incorporate a special permit into the regulations • Clarify the lab pack requirements for temperature-controlled materials • Revise the training requirements to require that a hazardous material employer must make hazardous materials employee training records available upon request to an authorized official.

  16. Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR) • Final Rule published 3/7/2013 • Summary • Respond to petitions with minor changes that will clarify the HMR and enhance safety, while offering some net economic benefits. • Allow smokeless powder classified as a Division 1.4 material to be reclassified as a Division 4.1 material • Allow the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the bridge” while the vessel is in a United States port. (special permit 9375)

  17. HM-215K: Harmonization with the UN Recommendations, IMDG Code, and the ICAO Technical Instructions • Effective 1/7/2013 • Purpose: Aligns the HMR with recent revisions to international standards.  • Summary: Responds to administrative appeals in response to certain amendments adopted in an international harmonization final rule published on January 19, 2011 Until 2020, Consumer Commodity, Cartridges Small Arms, Cartridges Power Devices

  18. HM-215K • Summary • Extends phase out ORM-D transition until December 31, 2020 for domestic highway, rail, and vessel transportation. • Addresses recent actions taken by the ICAO regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators.

  19. Hazardous Materials: Harmonization with International Standards (RRR) • Final Rule published 1/7/2013 • Voluntary compliance date beginning 1/1/ 2013. • Delayed compliance date (unless otherwise specified) 1/1/2014 • Purpose • Align the HMR with upcoming revisions to the various international standards regarding the transportation of hazardous materials by all modes

  20. HM-215L • Summary: • Update references to international regulations • Adopt new Hazardous Materials Table entries, add minimum size for UN number on non-bulk packages • Adopt changes in part 173 • Revise vessel stowage provisions in column 10 of the Hazardous Materials Table • Adopt definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers.

  21. What to expect • Next int’l harmonization rule • Special Permits Conversion • Inside 800-HMR-4922 • PHMSA in “New Media”

  22. Special Permits Conversion • MAP-21 Requires review of SPs that have been in effect for 10 years or more to determine if they can be converted to regulations • Consideration factors • Safety record • Suitability of the provisions • Rulemaking activity in related areas • Rulemaking under development

  23. Next Int’l Harmonization Rule? • New HMT entries for adsorbed gases, asymmetric capacitor, UF6,RAM, excepted package, non-fissile or fissile excepted • Amended shipping names for Asbestos, Airbag inflators/modules and seat belt pretentioners, EDLC • Permission to use “Paint related material” for a package containing both “paint” and “paint related material” • Clarifications on what is a “fire extinguisher” • Revision of defining criteria bulk packaging when containing a liquid • Minimum sizes for OVERPACK and SALVAGE marks

  24. Public Comments Submit electronic comments to: Regulatory Questions Hazardous Materials Information Center (800) HMR-4922 or (202) 366-4488 Hours: 9 AM to 5 PM ET E-mail: infocntr@dot.gov

  25. Inside the Numbers

  26. Welcome to HAZMAT SAFETY... PHMSA on the Web @PHMSA_DOT http://www.phmsa.dot.gov/hazmat

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