Regulatory Update – January 31, 2025

January 31, 2025

Update on Relevant U.S. Regulations

PHMSA Releases Interpretation Related to ISO Standards for Pressure Vessels
On Jan. 13, the Pipeline and Hazardous Materials Safety Administration (PHMSA)  a clarification to the Hazardous Materials Regulations (HMR) in response to multiple questions relating to International Organization for Standardization (ISO) standards for pressure vessels. Specifically, the request asked whether an ISO pressure vessel is permitted to exceed its working pressure due to environmental conditions and if testing parameters can be altered to reflect the expected environmental conditions. PHMSA shared answers to each of the questions in the interpretation.

PHMSA Releases Interpretation Related to Combustible Liquid Provisions
On Jan. 10, PHMSA  a clarification to the HMRs in response to a question asking whether non-bulk, bulk and reportable quantities of “UN1915, Cyclohexanone, 3, PG III” that meet the reclassification requirements for a combustible liquid would qualify for certain combustible liquid exceptions under 49 Code of Federal Regulations (CFR) § 173.150(f). PHMSA shared that UN1915, Cyclohexanone, 3, PG III is properly reclassified as a combustible liquid, is shipped in non-bulk packaging, and does not meet the definition of a hazardous substance, hazardous waste or marine pollutant. The exceptions in § 173.150(f)(2) apply when transported by highway or rail.

PHMSA Releases Interpretation Related to Residue on the Exterior of a Package
On Jan. 7, PHMSA  a clarification to the HMRs in response to a specific question about whether discoloration resulting from the cleaning and neutralization of the hazardous material is a “residue” that would be in violation of the general requirements for packages, as specified in § 173.24(b). PHMSA shared that it is not a violation since the term residue specifically refers to a hazardous material.

PHMSA Releases Interpretation Related to Overpack Marking Requirements for Cylinders in § 173.25
On Jan. 3, PHMSA  an update to a  to the HMRs related to overpack marking requirements in § 173.25 as they relate to cylinders. PHMSA clarified that certain DOT specification cylinders require a strong outer package under § 173.301(a)(9) and therefore are not an overpack as defined in § 171.8.

PHMSA Releases Interpretation Related to the Placement of Hazard Labels on DOT Specification 3A480 Cylinders
On Dec. 31, 2024, PHMSA  a clarification to the HMRs in response to a specific question asking whether a cylinder netting would meet the intent of § 172.406(b)(2) as “other suitable means of affixing” labels to a cylinder. PHMSA shared that in accordance with § 172.406(a)(1)(i) and (ii), each label must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material and be located on the same surface of the package and near the proper shipping name marking if the package dimensions are adequate. PHMSA noted that this interpretation is specific to the scenario presented, and it should not be interpreted that this method of affixing labels generally meets requirements in all cases.

PHMSA Releases Interpretation Related to Requirements for PIH Materials
On Dec. 30, 2024, PHMSA  a clarification to the HMRs in response to a series of questions regarding the requirement for poison inhalation hazard (PIH) materials found in § 171.23(b) as it relates to the § 172.313(c) marking requirements for PIH materials when loaded on a cargo transport unit. PHMSA shared answers to each of the individual questions in the interpretation.

PHMSA Releases Interpretation Related to Hazardous Materials Placards
On Dec. 30, 2024, PHMSA  a clarification to the HMRs in response to a question asking if whether it is permitted to print or produce your own hazardous material placards instead of purchasing placards from a company, provided the placards adhere to the requirements found in § 172.519. PHMSA shared that the answer is yes, as there is no requirement to acquire placards from a vendor or company.

PHMSA Releases Interpretation Related to Emergency Shutoff Markings
On Dec. 20, 2024, PHMSA  a clarification to the HMRs in response to a question about the markings on cargo tanks. Specifically, the question asked whether the “Emergency Shutoff” marking requirement provided in § 172.328(d) permits the use of a hyphen in the word shutoff. PHMSA shared that inserting a hyphen as described is not contrary to the intent of the requirement and does not cause confusion, alter or diminish the meaning or effectiveness of the marking.

PHMSA Releases Interpretation Related to the Usage of Overpacks
On Dec. 20, 2024, PHMSA  a clarification to the HMRs in response to a specific question requesting clarification regarding overpack marking and labeling as it applies to packages of UN specification steel drums, which are overpacked into rigid cardboard boxes, and then the boxes are palletized using shrink-wrap. PHMSA shared answers to each of the individual questions in the interpretation.

PHMSA Releases Interpretation Related to the Segregation Table for Hazardous Materials in § 177.848(d)
On Dec. 19, 2024, PHMSA  a clarification to the HMRs in response to a specific question and scenario that asked how to apply the instructions to the segregation table when the § 172.101 hazardous materials table entry for UN3112 does not provide a division number for the explosive subsidiary hazard. PHMSA shared that for the purposes of segregation, it is prudent to default to the most restrictive segregation requirements and treat the Class 1 subsidiary as a Division 1.1 material.

PHMSA Releases Interpretation Related to the Preparation of Shipping Papers
On Dec. 19, 2024, PHMSA  a clarification to the HMRs in response to a specific set of questions seeking additional clarification to a  regarding shipping paper requirements. PHMSA shared answers to each of the individual questions in the interpretation.

PHMSA Releases Interpretation Related to Hazardous Materials Registration Requirements
On Dec. 18, 2024, PHMSA  a clarification to the HMRs in response to a specific question that asked whether a motor carrier, contracted solely to another company, must separately register under CFR Part 107, Subpart G. PHMSA shared that in accordance with § 107.606(a)(6), the owner-operator of a motor vehicle that transports in commerce hazardous materials is not required to hold a separate registration if that vehicle, at the time of those activities, is leased to a registered motor carrier under a 30-day (or longer) lease, as prescribed in Part 376 or an equivalent contractual agreement.

PHMSA Releases Interpretation Related to RMW
On Dec. 18, 2024, PHMSA  a clarification to the HMRs in response to a series of questions applicable to regulated medical waste (RMW). PHMSA shared answers to each of the individual questions in the interpretation.

PHMSA Releases Interpretation Related to Transporting Anhydrous Ammonia or Liquified Petroleum Gas in Cargo Tanks
On Dec. 16, 2024, PHMSA  a clarification to the HMRs in response to a specific question whether MC 330 and MC 331 cargo tanks qualify for a leakage test at 60 psi when they are used for transporting anhydrous ammonia or liquified petroleum gas, depending on the time of year. PHMSA shared that shipping both materials interchangeably throughout the year is not considered to be in dedicated service and § 180.407(h)(1)(ii) and (iv) do not apply.

PHMSA Releases Interpretation Related to Shipper’s Certifications
On Nov. 22, 2024, PHMSA  a clarification to the HMRs in response to a specific question asking whether the company doing the shipping may act as the “shipper’s agent” for its customers by preparing and signing the bill of lading remotely, which certifies that the shipment is prepared in accordance with the regulations. PHMSA shared under the provisions of § 172.204(d)(1), a shipper’s certification “must be legibly signed by a principal, officer, partner or employee of the shipper or his agent.”

PHMSA Releases Interpretation Related to Hazardous Materials Description on Shipping Papers
On Nov. 5, 2024, PHMSA  a clarification to the HMRs in response to a specific question asking whether the requirement to indicate the number and type of packages as part of the shipping description, as specified in § 172.202(a)(7), is fulfilled by indicating that the shipment contains one package for the entire consignment. PHMSA shared that for a combination package described in this question, it is appropriate to list the outer packaging as the package type on the shipping paper.

PHMSA Releases Interpretation Related to Transporting Refrigerating Machines
On Oct. 24, 2024, PHMSA  a clarification to the HMRs in response to a specific question asking whether an appliance containing two separate refrigerant circuits, each containing up to 12 kilograms (25 pounds) or less of a flammable, non-toxic gas, qualifies for the exception for compressed gases in refrigerating machines provided in § 173.307(a)(4)(iii). PHMSA shared that it does qualify for the exception, provided the refrigerating machine is not transported by air.

Update on Exemptions

NHTSA Grants FMVSS Exemption to Legacy Limousines and Luxury Coaches
On Jan. 21, the National Highway Traffic Safety Administration (NHTSA)  a petition from Legacy Limousines and Luxury Coaches for a temporary exemption from the requirement to install Type 2 seat belts at side-facing locations in the company’s motorcoaches. The granted exemption permits the petitioner to install Type 1 seat belts (lap belt only) at side-facing seating positions, instead of the Type 2 seat belts (lap and shoulder belts) required by Federal Motor Vehicle Safety Standards (FMVSS) No. 208, Occupant Crash Protection. This exemption applies to motorcoaches produced from Jan. 21, 2025, to Jan. 21, 2027.

CVSA Active Exemption Tracker
CVSA maintains a  issued by the Federal Motor Carrier Safety Administration (FMCSA). The exemption tracker can be found at www.cvsa.org under the “Inspections” tab at the top of the page.