NEW DOT REGULATIONS

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NEW DOT REGULATIONS

• HM-215E
• HM-223
• HM-229

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HM-215E49 CFR 171, 172, 173, 175, 176, 178, 180

• Amends above sections to align Hazardous
  Materials Rules with international standards.
• Voluntary compliance began 1 Oct 2003
• Mandatory compliance begins 1 Oct 2004
• Many amendments, but some of interest are as
  follows

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• All air bag inflators, air bag modules and
  seat-belt pretensioners currently classified as
  Division 2.2 may be reclassified as Class 9
  without further testing
• Removes pyrotechnic from shipping name of air
  bag inflators, air bag modules and seat-belt
  pretensioners under Class 1.4G and Class 9.
• Requires addition of numbers and types of HM
  packages on shipping papers, e.g., 4G Box, 1G
  Drum, etc. Mandatory 1 Oct 2007.

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• Total quantity of HM by mass, volume must be
  listed for explosive materials/devices that is
  the NEW
• 173.166 More specific instructions regarding air
  bag inflators, modules, and SBPs.
• Explosive shipments require compatibility group
  letter on explosive placards/labels
• Pkgs w/ limited qty HM Only need UN or NA ID
  No. in square on point (doesnt apply to
  explosives)

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• HM-223
• 49 CFR Parts 171, 173, 174, 175, 176, 177, and
  178
• EFFECTIVE 1 OCT 2004
• New rules clarify applicability of the Hazardous
  Materials Regulations (HMR) to specific functions
  and activities, e.g.,
• Hazardous materials (HM) loading and unloading
  operations
• Storage of HM during transportation

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• New Terms and Definitions for
• Pre-Transportation Function
• Transportation
• Movement
• Loading Incident to Movement
• Unloading Incident to Movement
• Storage Incident to Movement

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Pre-Transportation Function

• Means a function performed by any person that
  is required to assure the safe transportation of
  a HM in commerce.

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Transportation

• The movement of property and loading,
  unloading, or storage incidental to the movement.

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Movement

• The physical transfer of a HM from one
  geographic location to another by rail car,
  aircraft, motor vehicle, or vessel.

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Loading Incident to Movement

• The loading by carrier personnel or in the
  presence of carrier personnel of packaged or
  containerized HM onto a transport vehicle,
  aircraft, or vessel for the purpose of
  transporting it.

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Unloading Incident to Movement

• The removal of a packaged or containerized HM
  from a transport vehicle, aircraft, or vessel.

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Storage Incident to Movement

• Storage by any person of a transport vehicle,
  freight container, or package containing a HM
  between the time that a carrier takes physical
  possession of the hazardous material for the
  purpose of transporting it until the package
  containing the HM is physically delivered to the
  destination indicated on a shipping document.

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HMR requirements apply to each person who offers
a HM for transportation in commerce, causes a HM
to be transported in commerce, or transports a HM
in commerce and who performs or is responsible
for performing a pre-transportation function.
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Pre-Transportation Functions

• HMR Regulations apply to each person involved in
• (1) Determining the hazard class of a HM.
• (2) Selecting HM packaging.
• (3) Filling a HM packaging, including a bulk
  packaging.
• (4) Transloading HM at an intermodal transfer
  facility from one bulk packaging to another bulk
  packaging for purposes of continuing the movement
  of the HM in commerce.

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Pre-Transportation Functions (Contd)

• (5) Securing a closure on a filled or partially
  filled HM package or container.
• (6) Marking a package to indicate that it
  contains a HM.
• (7) Labeling a package to indicate that it
  contains a HM.
• (8) Preparing a shipping paper.
• (9) Providing and maintaining emergency response
  information.

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Pre-Transportation Functions (Contd)

• (10) Reviewing a shipping paper to verify
  compliance with the HMR.
• (11) When importing HM into the US, providing
  shipper with timely and complete information as
  to the HMR requirements that apply to
  transportation of the material within the US.
• (12) Certifying that HM is in proper condition
  for transportation in conformance HMR
  requirements.

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Pre-Transportation Functions (Contd)

• (13) Loading, blocking, and bracing HM package in
  a freight container or transport vehicle.
• (14) Segregating HM package in a freight
  container or transport vehicle from incompatible
  cargo.
• (15) Selecting, providing, or affixing placards
  for a freight container or transport vehicle to
  indicate that it contains HM.

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Penalties For Non-Compliance

• Each person who knowingly violates Fed HM
  Transportation Law subject to
• Civil Penalty of gt250 but not gt 27,500 per
  violation
• (Each day violation exists is a separate
  violation)
• Fine or imprisonment of not more than 5 years, or
  both

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HM-22949 CFR 171Incident Reporting To DOT

• Effective 1 Jul 2004, each person in physical
  possession of a HM at the time that any of the
  following incidents occurs during transportation
  (including loading, unloading, and temporary
  storage) must submit

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• Telephonic report within 12 hours of whenever any
  of the following occurs during transportation
  (remember new definition) as the direct result of
  a HM
• Death
• Injury requiring hospitalization
• Evacuation of general public for one hour or more
  
• Major transportation artery or facility closed or
  shut down for one hour or more

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• The operational flight pattern or routine of an
  aircraft is altered
• Fire, breakage, spillage, or suspected
  radioactive contamination occurs involving a
  radioactive material
• Fire, breakage, spillage, or suspected
  contamination occurs involving an infectious
  substance other than a diagnostic specimen or
  regulated medical waste

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• A release of a marine pollutant occurs in a
  quantity exceeding 450 L (119 gallons) for a
  liquid or 400 kg (882 pounds) for a solid
• A situation exists of such a nature that, in the
  judgment of the person in possession of the HM,
  it should be reported to the NRC even though it
  does not meet above criteria

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• Hazardous Materials Incident Report
• Required to be on new DOT Form F 5800.1
  (01/2004).
• Required within 30 days of discovery of the
  following types of incidents
• Incidents requiring telephonic reports
• An unintentional release of HM or the discharge
  of any quantity of HW
• An undeclared HM is discovered.

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• A specification cargo tank with a
• capacity of 1,000 gallons or greater
• containing any HM suffers structural damage to
  the lading retention system or damage that
  requires repair to a system intended to protect
  the lading retention system, even if there is no
  release of HM.

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Summary

• HMR apply to transportation of HM effective 1 Oct
  2004
• Definition of transportation expanded to
  pre-transportation, and includes loading,
  unloading and temporary storage

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Summary (contd)

• Incident reports required during
  transportation, including when undeclared HM
  discovered, effective 1 Jul 2004
• No. type of containers to be listed
• Qty, volume of HM listed on shipping papers (NEW
  for explosives)