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Monday, December 11, 2017
   
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2017-36 August 9, 2017 Transitional Provisions for HM-218H Requirements for Nitric Acid Packaging and Emergency Phone Numbers

By Ed Mazzullo, Technical AdvisorAugust 9, 2017

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued Final Rule HM-218H Hazardous Materials: Miscellaneous Amendments (RRR) (Docket No. PHMSA-2013-0225) on June 2, 2016, incorporating a number of changes to the Hazardous Materials Regulations (HMR) in response to petitions for rulemaking.

With an effective date of July 5, 2016, the final rule provided just over one month to implement the changes, including enhanced packaging for nitric acid and a prohibition on use of alphanumeric phone numbers for emergency response telephone numbers.

Several organizations had requested one-year transition periods. In response, PHMSA had stated they would “[issue] a Federal Register publication to respond to your appeal and to extend the compliance date for the modified nitric acid packaging requirement by one year until July 5, 2017.” However, the July 5, 2017 date has passed without changes to the final rule. In the absence of a rule change, what is the regulatory effect of PHMSA’s statement to appellants?

Click here to read Mr. Mazzullo's full report. Subscriber log-in is required. DOT issued two letters of interpretation in March and April of 2017 in relation to the use of absorbent material in nitric acid packaging; direct links are provided to the letters where they are discussed.