Final Rule HM-233C, includes SP9275 exceptions

In the March 18, 2014 Federal Register the USDOT PHMSA published a final rule (HM-233C) adopting certain long standing special permits  including SP9275. COSTHA has been very involved in working with PHMSA, Special Permit holders and the air carrier industry to allow for the continued transportation of small quantities of products containing ethyl alcohol without the addition of the marking “contains ethyl alcohol”.  The new rulemaking authorizes transportation of liquids and solids containing ethyl alcohol and exempts them from the provisions of the HMR.

PHMSA is adding §173.50(g) to allow for the shipment of limited quantities of retail products containing not more than 70% of ethyl alcohol not exceeding 8 fluid ounces in glass inner containers and not exceeding 16 fluid ounces for non-glass inner containers. Packages containing inner packagings with 8 fluid ounces to 1 gallon shipped under this section require the marking “contains ethyl alcohol” on the outer packaging. For transportation by aircraft no outer package is permitted which contains inner packaging exceeding 16oz liquid or 1 pound solid. 

The special permit has been in existence since at least 1985 and had hundreds of companies utilizing the “party to” status for the permit. In COSTHA’s meetings with the agency and petitions and comments we noted that the long standing special permit has been utilized over the years by hundreds of companies shipping literally millions of packages without incident. Carriers noted that certain key words like “ethyl alcohol” and text marking requirements added confusion to the transportation chain and would result in tens of thousands of frustrated shipment. Industry was concerned that these new marking requirements would take valuable resources away from the management of shipments that might present a higher risk in transportation.

COSTHA is very pleased that PHMSA has taken a risk based approach to adoption of these long standing special permits and is engaging in “regulation based on risk”.

Other Special permits that were adopted include the following:          

• DOT-SP 11263, which authorizes the transportation of Class 9 (miscellaneous) solid coal pitch compounds in certain non-specification packaging;

• DOT-SP 11836, which authorizes the transportation in commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do not meet certain regulatory requirements;

• DOT-SP 12134, which authorizes regulatory exceptions for the transport of spent bleaching earth;

• DOT-SP 12825, which authorizes the transport of self-inflating, lifesaving appliances containing non-specification steel cylinders between a vessel and an authorized facility for servicing;

• DOT-SP 14479, which authorizes the use of alternative shipping names and marking requirements for regulated medical wastes;

• CA20060660005, which authorizes the manufacture, marking and sale of certain UN5M1 and UN5M2 multi-wall paper bags; and

• CA2005120010, CA2006060006 and CA2006010012, each of which authorizes the manufacturing, marking and sale of certain UN4G combination packagings.

Oxygen Cylinders

PHMSA also announced in the final rule that it is adding a regulatory exception to federal hazardous materials regulations for the air transport of oxygen cylinders and other oxidizing cylinders within Alaska. That new regulatory exception will make 12 special permits unnecessary, according to the final rule.

Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)
[Rules and Regulations]
[Pages 15033-15046]
[FR Doc No: 2014-05630]
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 175 and 178
[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82
Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
ACTION: Final rule.
SUMMARY: The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations (HMR) to adopt provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (``approvals'') that have established safety records. 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. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.

DATES: This regulation is effective April 17, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 17, 2014.
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Special Permit 9275 Alcohol Exemption

COSTHA submits comments to NPRM HM-233C to incorporate Special Permit 9275

US DOT PHMSA Notice of Extension of Implementation Date of for the marking of packages is being delayed
until July 1, 2013
   (06. 22.2012)

Petition to Modify Special Permit 9275(04.04.2012)

COSTHA Petition to Modify Special Permit 9275 - Notice to Permit Holders (02. 24. 2012)

Notice to Permit Holders re: Petition to Modify the Special Permit   (02.06. 2012)

The US DOT PHMSA has assigned a petition number (P-1585) to COSTHA’s June 14, 2011 petition - 01.05. 2012)

PHMSA Re-evaluation letter (08.18.2011)

COSTHA Media Release - SP9275(07.14.2011)

COSTHA Notice - Update Status of COSTHA Effort to have long standing exceptions for SP 9275 incorporated into regulations

(07.07. 2011)

Petition to incorporate SP9275 into HMR 

DOT SP 9275 Show Cause Letter(06.15.2011)

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