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THE BIG ROUNDUP
between February 2015 and March 2018. In passing, it also withdraws the enforcement discretion on the phase-out of mobile refrigeration systems issued in September 2017. The changes range far and wide across HMR, taking in such diverse subjects as rail tank cars, fireworks and other explosives, paper bags, waste materials and gas cylinders. This article provides a summary of the changes but those in scope of HMR are urged to check the original rule carefully for any amendments that might affect them.
(PIH) materials. AAR claimed that such steel is susceptible to brittle fracture at low temperatures. PHMSA agrees with AAR and notes that it had already considered mandating a phase-out of non-normalised steel tank cars in PIH service but had been informed that industry was already voluntarily removing such tanks from service. Indeed, AAR has itself implemented a phase out of legacy non-normalised steel tank cars in PIH service and, as any similar action by PHMSA would have no additional costs, the Administration felt it would provide regulatory certainty for industry and merely reflect what industry is in any case already on the way to achieving. As a result, §173.31 is amended to require such tank cars to be removed from PIH service by 31 December 2020. AAR and other industry associations also petitioned PHMSA to convert the interim rail tank car specifications issued in January 2009 as part of the HM-246 final rule into final
RAIL ADJUSTMENTS The Association of American Railroads (AAR) asked for an amendment to §173.31 to prohibit the use of tank cars with shells or heads manufactured of non-normalised steel for the transport of poisonous-by-inhalation
specifications for tank cars in PIH service. The joint petition noted that tank cars built in compliance with the interim specifications had proven themselves in service with no noteworthy safety concerns. The HM-246 rule was the result of industry consensus that an updated regulatory standard
US • PHMSA HAS MADE A LARGE NUMBER OF CHANGES TO THE HAZARDOUS MATERIALS REGULATIONS IN RESPONSE TO PETITIONS FROM INDUSTRY AND UPDATES TO STANDARDS THE US PIPELINE and Hazardous Materials Safety Administration (PHMSA) published its final rule under docket HM-219C this past 25 November; the rule includes a wide variety of amendments to the Hazardous Materials Regulations (HMR) that appear in Title 49 of the Code of Federal Regulations (49 CFR), which took effect on 28 December. Compliance is required from 26 November 2021. The final rule includes PHMSA’s response to the 49 comments it received on the notice of proposed rulemaking (NPRM) published in August 2019. It addresses 24 petitions for rulemaking submitted by various stakeholders
PHMSA HAS WORKED LONG AND HARD ON THE HM-219C FINAL RULE, MAKING NUMEROUS CHANGES TO HMR
HCB MONTHLY | JANUARY 2021
