Compliance by the first of the year

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).

As the January compliance date is almost here, it’s important to plan now what you will need to do in order to implement applicable new requirements as well as to recognize the provisions that will not need to be implemented by the first of the year.

The final rule is all about harmonizing the hazardous material regulations (HMR) with international standards such as The International Maritime Dangerous Goods (IMDG) Code, The International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), and The United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations).

Among the changes to the HMR are:

• Adding, revising, or removing certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits from the Hazardous Materials Table (HMT);
• Revising and adding vessel stowage codes listed in HMT column 10B and segregation provisions in 49 CFR 176.83 consistent with the IMDG Code;
• Modifying the list of marine pollutants in Appendix B to 49 CFR 172.101 with 62 new entries added;
• Adopting an HMR exception for marine pollutants up to 5 liters (1.3 gallons (gal)) for liquids or 5 kilograms (kg) (11 pounds (lbs)) for solids when these materials are packaged in accordance with the general packaging requirements of 49 CFR 173.24 and 49 CFR 173.24a (consistent with the UN Model Regulations, the IMDG Code, and the ICAO TI);
• For adsorbed gases, adopting new entries into the HMR; adding a definition; authorizing packagings; and adding safety requirements that include quantity limitations and filling limits;
• Amending the HMR definition of nonbulk packaging by adding a requirement to include bags and boxes conforming to applicable requirements for specification packagings in subpart L of 49 CFR 178 if they have a maximum net mass of 400 kg (882 lbs) or less; and
• As a marking alternative, adding a label “CARGO AIRCRAFT ONLY” on packages of small lithium metal batteries not placed in or with equipment transported by aircraft.

Postponed compliance dates

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.

A search through the final rule for those provisions whose implementation can be delayed will lessen your compliance load as you ring in the New Year.