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Summary of Changes for Hazardous Materials 49 CFR Parts 100 → 185 March 2018 Edition Significant Changes Overview Hazardous Materials: Harmonization with International Standards (RRR) March 30, 2017 FR Volume 82 Nº 60, RIN 2137-AF18 The March 30, 2017 PHMSA final rule involved changes to 8 distinct parts and 53 individual Sections in the the Hazardous Materials Regulations (HMR) as a result of Harmonization with International Standards (RRR). | Area of Change | Change Overview |
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| Hazardous Materials Table (HMT) §172.101 | Hazardous Materials Table (HMT) changes are the result of the addition, revision, or removal of certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. | | Hazard Communication Requirements for Lithium Batteries | Hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations are made. | | Provisions for Polymerizing Substances | Four new Division 4.1 entries for polymerizing substances are made into the HMT. Defining criteria, authorized packagings, and safety requirements for stabilization methods and operational controls are added to the HMR.These provisions will be in effect until January 2, 2019. During the interim time period, PHMSA intends to review and research the implications of the amendments. | | Modification of the Marine Pollutant List | PHMSA modifications to the list of marine pollutants are made based on changes to the IMDG Code and evaluation of listed materials. | | Packaging Requirements for Water-Reactive Materials Transported by Vessel | PHMSA amends packaging requirements for vessel transportation of water-reactive substances consistent with requirements in the IMDG Code.Changes to the packaging requirements are made to require certain commodities to have hermetically sealed packaging and to require other commodities — when packed in flexible, fiberboard, or wooden packagings — to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner. | | Engine, Internal Combustion/Machinery, Internal Combustion | PHMSA harmonizes the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations.Additionally, PHMSA harmonizes with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. PHMSA is also harmonizing the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank. | | U.S.-Canada Regulatory Cooperation Council (RCC) Amendments | PHMSA made amendments that adopt provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. | | International Hazardous Materials Standards - Reference Sources | • 19th Revised Edition of the UN Model Regulations• Amendment 38-16 of the IMDG Code • 2017-2018 ICAO Technical Instructions • 6th Revised Edition of the UN Manual of Tests and Criteria • 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals • Canadian Transportation of Dangerous Goods (TDG) Regulations • International Organization for Standardization (ISO) standards |
Chronology of Federal Register Changes Wednesday April 19, 2017 (Federal Register Volume 82, Nº 74) [2137-AF23] Revision of Maximum and Minimum Civil Penalties Effective Date: April 19, 2017. §§107.329 and 171.1 The maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval have been adjusted. • The maximum civil penalty for a knowing violation increased from $77,114 to $78,376 except for: ◦ Violations that result in death, serious illness, or severe injury to any person or substantial destruction of property. In these cases the maximum penalty has increased from $179,933 to $182,877. • The minimum civil penalty for violations that relate to training has increased from $463 to $471.
Thursday, March 30, 2017 (Federal Register Volume 82 Nº 60) [2137-AF18] Harmonization With International Standards (RRR) Effective date: March 30, 2017. Parts 107, 171, 172, 173, 175, 176, 178 and 180 are all affected by PHMSA's final ruling which amends Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards. This ruling involves changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Importantly, the • Hazardous Materials Table (§172.101), • Special Provisions (§172.102), • Specific Packaging requirements for explosives (§173.62) and • Packaging requirements and other provisions for organic peroxides (§173.225) are significantly revised. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods — Model Regulations. Additionally, PHMSA is adopting several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council. | Effective date | Voluntary compliance date | Delayed compliance date | Incorporation by reference date |
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| March 30, 2017 | January 1, 2017 | Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2018. | The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of March 30, 2017. |
Note: The provisions concerning polymerizing substances in §173.21(f) will be effective from March 30, 2017 until January 2, 2019. After that date, §173.21(f) will automatically update based on the future provisions outlined in this final rule and become effective as of January 2, 2019.
List of Sections with Changes in the Hazardous Materials March 2018 Edition | 49 CFR Part 107 | 49 CFR Part 171 | 49 CFR Part 172 | 49 CFR Part 173 | 49 CFR Part 175 | 49 CFR Part 176 | 49 CFR Part 178 | 49 CFR Part 180 |
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| §107.329 | §171.2 | §172.101 | §173.4a | §175.10 | §176.83 | §178.71 | §180.205 |
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