from here to there: topics in transportation PHMSA will create a new section, 49 CFR §173.15—Reverse Logistics– General Requirements & Exceptions, which authorizes a limited number of hazardous materials, including: (1) Division 1.4S and 1.4G fireworks, flares and signals and ammunition; (2) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, 6.2 material contained in a packaging having a gross mass or capacity in each inner packaging not exceeding: (i) 0.5kg or 0.5L for a Packing Group I material; (ii) 1kg or 1L for a Packing Group II; (iii) 5kg or 5L for a Packing Group III, or ORM–D material; (iv) 30L for a diluted mixture, not to exceed 2% concentra- tion, of a Class 3, 8 or 9 material or a Division 6.1 material; (3) A Division 2.1 or 2.2 material in a cylinder or aerosol container with a gross weight not over 30kg. For the purposes of this section, a cylinder or aerosol container may be assumed to meet the definition of a Division 2.1 or 2.2 materials, respectively, even if the exact pressure is unknown; and (4) A Division 4.3 material in Packing Group II or III contained in packaging having a gross capacity not exceeding 1L. Packaging All packaging must be leak-tight for liquids and gases, sift-proof for solids and be securely closed, secured against shifting and protected against damage. All inner packaging must be secured against movement within the outer package and protected against damage under conditions normally incident to transportation. For liquids, the inner packaging must be leak-proof and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging. For solids, inner packaging must be siftproof. In addition, each material must be packaged in the manufacturer’s original packaging, if available, or a packaging of equal or greater strength and integrity. Outer packaging is not required for receptacles (e.g., cans and bottles) that are secured against shifting in cages, carts, bins, boxes or compartments. However, any compromised receptacle must be placed in an inner packaging or outer packing that will prevent spillage in transportation. Aerosols must be packed to prevent inadvertent discharge of the contents from the aerosol packaging during transport. Each aerosol container must be secured with a cap to protect the valve stem. Other cylinders or pressure vessels containing Division 2.1 or 2.2 materials such as DOT–39 cylinders and cylinders containing limited quantities of compressed gases must conform to the packaging, qualification, maintenance and use requirements of the HMR. Hazard Communication With respect to the marking and labeling, the outer packaging, other than a cylinder shipped as a single packaging, must be marked with a common name or proper shipping name to identify the hazardous material it contains. Training PHMSA will require that each person who offers or transports a hazardous material under the reverse logistics exception must be familiar with the requirements of this 49 CFR §173.157. Employees that prepare reverse logistics shipments, as defined in 49 CFR §171.8 of the HMR, subject to the exceptions in this new section, are not subject to the training requirements of this subchapter provided: (1) The employer has identified the hazardous materials subject to the reverse logistics rule, has verified compliance with the appropriate conditions and limitations and has provided training and supervision to persons preparing or offering these shipments for transportation, or transporting shipments in reverse logistics to make the provisions of this rule effective. (2) The employee has received appropriate training applicable to the material to be offered in transport in accordance with the provisions of this rule. The training must enable the employee to recognize the hazardous materials, identify the hazards associated with the applicable material and prepare the shipment as provided by this section. (3) The employer must maintain a record of those employees receiving the training required by this section; and (4) The operator of a motor vehicle that contains a reverse logistics material must be informed of the presence of the hazardous material and must be informed of the requirements of this section. Other Requirements & Exceptions Reverse logistics materials may be transported by motor vehicle with other hazardous materials without affecting its eligibility for the exceptions provided by this rule. However, any hazardous materials that may react dangerously with one another may not be transported in the same outer packaging. However, different hazard classes of materials in reverse logistics may be transported in the same cargo transport unit provided that they are adequately separated to prevent commingling of materials that may result in a dangerous reaction in the event of an accidental release during transport. Shipments made under the Reverse Logistics Exception are subject to the incident reporting requirements in 49 CFR §171.15, but shipments prepared, offered for transportation, or transported under this exception are not subject to any other requirements of the U.S. DOT’s Hazardous Materials Regulations. For questions regarding this rule, its implementation or impact, or to obtain a copy of the Notice of Proposed Rulemaking, contact the author at (310) 370-3600 or steve@shipmate.com. Spray 36 Spray October 2014
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