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Compliance with Hazmat Final Rule January 1, 2016?

Sunday, December 20, 2015

The “Hazardous Materials: Harmonization with International Standards (RRR)” final rule was issued on January 8, 2015. Voluntary compliance with the new rule began January 1, 2015, with mandatory compliance delayed until January 1, 2016, unless otherwise specified (as it is for numerous provisions).

The final rule by PHMSA amended the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization’s Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations) and subsequently address three petitions for rulemaking.

 

Exceptions to Compliance Date

Notable exceptions to the January 1, 2016, compliance date include:

  • Compliance with revised specifications for placards. If a placard conforms to the provisions of 49 CFR 172.519(c) as were in effect on December 31, 2014:
    • Compliance is postponed until December 31, 2016, but
    • If the placard is in service for domestic transportation and was manufactured before January 1, 2017, compliance is postponed until the end of the placard’s useful life provided the color tolerances are maintained and are in accordance with the display requirements of the HMR.
  • Compliance with revised specifications for all large packagings and large salvage packaging. If the marking conforms to the requirements of 49 CFR 178.910(b) as were in effect on December 31, 2014:
    • Compliance is postponed until December 31, 2016, but
    • For domestic transportation, if marked before January 1, 2017, the marking can continue in service until the end of its useful life.
  • Compliance with revised specifications for labels. If a label conforms to the provisions of 49 CFR 172.407(c) as were in effect on December 31, 2014:
    • Compliance is postponed until December 31, 2016, but
    • If for domestic transportation and the packaging was labeled before January 1, 2017, the label may continue in service until the end of the label’s useful life.
  • Compliance with revised specifications for the Marine Pollutant mark. If the mark conforms to the provisions of 49 CFR 172.322(e) as were in effect on December 31, 2014):
    • Compliance is postponed until December 31, 2016, but
    • For domestic transportation, a packaging marked with a marine pollutant mark before January 1, 2017 can continue in service until the end of its useful life.

 

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