UN/US Regulatory Update

Transcription

1 UN/US Regulatory Update Duane Pfund Acting Director, Office of Hazardous Materials Technology USDOT PHMSA IATA World Cargo Symposium 10 March

2 U.S. Department of Transportation Overview PHMSA Current Events Reorganization Special Permits and Approvals UN Update Recent decisions US proposals Work program US Update -2-

3 PHMSA/OHMS Reorganization Improved organizational structure to support safety mission Risk Assessment and International consolidated within Office of Technology Special Permits/Approvals Review to maximize organizational efficiencies and effectiveness -3-

4 Special Permits and Approvals Action plan to improve efficiency, transparency, and documentation/record keeping SOPs publicly available Improved documentation on evaluations/decision making IT modernization effort underway New technology approval process available online Parallel effort at ICAO Clarify authorizations for issuance of Exemptions and Approvals Supplement - improve guidance to member States -4-

5 Facilitate introduction of new technologies Visit it h t /h t/ / -5-

6 UN Initiatives -6-

7 UN Decision Highlights De minimis quantities US Proposal adopted in December 2009 Addresses extremely small quantities of materials which pose a negligible risk in transport Provisions i largely l harmonized with existing HMR provisions -7-

8 UN Decision Highlights Energy Storage Systems Wet and dry cell batteries, lithium batteries, fuel cells, ultracapacitors, etc. Is the current classification scheme and hazcom appropriate? Considered consolidation of existing provisions for energy storage systems into a single section Risk matrix Decision in principle to adopt a new proper shipping name and provisions for ultracapacitors -8-

9 UN Decision Highlights Packaging/material compatibility requirements Classification of pressurized chemicals Appropriate shipping descriptions Classification to address multiple hazards Packaging provisions (cylinders and portable tanks) GHS Harmonization (Class 6.1 and 8) SCOE agreed full harmonization with GHS not necessary Decision to correlate existing UN provisions with relevant portions of the GHS text Electronic information exchange Amendments to Part 5 - Documentation Cooperation with UN CEFACT E-Freight, HM-ACCESS -9-

10 HM-ACCESS Roadmap for the Future of HazMat Communications Foster use of new technology to enhance preparedness and response Reduce impediments Enhance security Reduce environmental impacts -10-

11 US Proposals - UN Session Ultracapacitors Envision development of provisions that define such capacitors including small/uncharged ultracapacitors Division 4.3 Liquids - Portable Tank Authorizations Rationalized assignment of tank provisions i for water-reactive ti liquids Organic Peroxides Keep Away from Heat Consider modal requirements Seek agreement on whether a special handling marking/label is needed for any Organic Peroxides -11-

12 Organic Peroxides - Keep Away from Heat UN Model Regulations currently require stowage away from sources of heat General requirement for all OPs no marking required ICAO TI Keep Away from Heat label Required for all OPs authorized by air Not required by other modes Potential US Paper to UN Identify modal differences Seek harmonization Validate removing label from ICAO TI -12-

13 UN Work Program Developed in the Dec 2010 session Soliciting views on what should be included Listing/classification (including GHS) Packaging Explosives and related matters Electric storage systems EDI -13-

14 US Coming Attractions -14-

15 International Harmonization - HM-215K UN 16 th Revised Edition UN Work completed December 2008 Report available via UN Website IMDG Code Amendment finalized in Sep ICAO TI amendments finalized in Oct

16 U.S. Department of Transportation HM-215K HM 215K Timeline ANPRM published October 21, 2009 Provides advance notice Identifies major issues NPRM Anticipated Summer 2010 Final Rule 1 January 2011 to align with Modal Regulations (IMDG Code/ICAO TI)

17 Classification issues HM-215K Highlights In Vitro Testing Currently Authorized under DOT Special Permit Considering Adoption of OECD Standards Regulation of Env. Haz. Substances by Air Mandatory 1 Jan in ICAO Pressure differential requirement? Explosive Classification - 6(d) Test -17-

18 HM-215K Highlights Fuel cell cartridges Limited quantity provisions Checked baggage authorization 1.4S Net explosive mass definition Limited Quantities/Consumer Commodities Alignment of air and surface provisions with ICAO/IMO/UN -18-

19 Limited Quantities/Consumer Commodities UN Revisions to Chapter 3.4 Multi-Modal Approach Enhanced hazard recognition Standard marking ICAO/IMO to implement 1 January 2011 Considering existing ORM-D provisions UN Marking ICAO Marking -19-

20 Air Packaging HM-231A Purpose: Enhance safety of non-bulk packagings used in air transport ANPRM published 7/7/2008 NPRM expected April-May 2010 ICAO implications -20-

21 HM-244B Minor Editorial Corrections and Clarifications (Final Rule Effective 10/16/09) Makes numerous editorial amendments Revises definition of commerce Commerce means trade or transportation in the jurisdiction of the United States within a single state; between a place in a state and a place outside of the state; that affects trade or transportation between a place in a state and place outside of the state; or on a United States-registered aircraft. Clarifies 171 Subpart C to ensure that provisions for the use of international regulations apply not only to shipments to, from or within the United States but also to shipments on a U.S. registered aircraft anywhere in the world. Revises the definition of material poisonous by inhalation to clarify that the term is synonymous with material toxic by inhalation. -21-

22 HM-206F Revision of Requirements for Emergency Response Telephone Numbers Enhances requirements for emergency response information provided by offerors Offeror must ensure that if a third party emergency response number is used, the party registered to use that number is indicated on the shipping paper HM-224G (Chemical Oxygen Generators) Revises the quantity limitation from 25 kg gross to 25 kg net for packages of chemical oxygen generators transported aboard cargo aircraft only Agreed to also at ICAO DGP 22 for addendum -22-

23 Other Rulemakings Combustible liquids (HM-242) ANPRM in advanced development stage Special Permits (HM-233A) Incorporates existing SPs into regulation NPRM published 12/22/09 Lithium batteries (HM-224F) NPRM published 1/11/10-23-

24 HM-224F Lithium Batteries Published 1/11/2010 Comment period closes 3/12/ PHMSA Proposed mandatory compliance date 75 Days After Publication of the Final Rule -24-

25 HM-224F Objectives Clarify and Enhance Packaging and Hazard Communication Increase Recognition of UN Design Type Tests Enhance Aircraft Stowage Requirements Consolidate Regulatory Requirements -25-

26 HM-224F NTSB Recommendations A Containers & Locations (Aircraft) A Crew-Accessible A Shipping Information (Demand) A Reporting of Incidents A Analysis of Incident Causes A Eliminate Regulatory Exceptions A Public Awareness & Education A Effectiveness of Public Awareness -26-

27 HM-224F NPRM Summary New Shipping Names Watt-Hour vs Lithium Content Design Type Testing Packaging and Stowage (Air Mode) Elimination of Exceptions for Air Transport Consolidation of Regulatory Requirements -27-

28 HM-224F NPRM Provisions Proper Shipping Names Watt-Hour vs Equivalent Lithium Content Design Type Testing on All Cells and Batteries Retain Evidence of Successful Completion Added Conditions Constituting a Design Type Change Packaging (All Modes) Inner Packagings to Protect Against Short Circuits (both internal and external) -28-

29 HM-224F NPRM Provisions Full Regulation as Class 9 for small sized Lithium Batteries by Air Exceptions Vessel and ground transport Operator Equipment (COMAT) Button Cells in/with Equipment -29-

30 HM-224F NPRM Provisions Stowage Aboard Aircraft (Alternatives) Fire Resistant Container Crew-Accessible Location Class C Cargo Compartment Considering Compartment, Container, Overpack Limits i -30-

31 HM-224F NPRM Provisions Consolidation of Regulatory Requirements Eliminate Special Provisions Consolidate to Ease Compliance and Communications -31-

32 Five-Year Plan Improve collaboration and transparency Consistent with PHMSA and DOT Plans Priorities and specific work items Open to public comment -32-

33 Canada International Cooperation Incorporation of latest TDG amendments Advance review of rulemakings Enforcement and approvals cooperation Mexico Cross-border trade facilitation i Test lab reciprocity China Cooperative Project Arrangement Strategic and Economic Dialogue (SED) Transportation Forum -33-

34 What You Should Know: A Guide to Developing A Hazardous Materials Training i Program Explains HMR training requirements Identifies those employees who must be trained Provides a tool to help hazmat employers determine what type of training and training environment may be best for their employees Available for download from PHMSA s website -34-

35 International Resources UN Website: / /d /d h ICAO Website: p// / / / / IMO papers: We re working on it Download proposals, reports, meeting agendas etc. Be ahead of the curve! -35-

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38 For comments on international regulatory issues contact: Duane Pfund Acting Director, Office of Hazardous Materials Technology U.S. Department of Transportation safetravel.dot.gov -38-