The Ramifications of Not Issuing HM-215N, The International Harmonization Final Rule

摘要

Setting the lithium battery regulatory changes aside. highlights from this assessment of the HM-215N final rulemaking, as made publicly available in the Federal Register, are as follows: 1.PHMSA has significantly softened the impact of not adopting HM-215N by their policy statement to not enforce against those who ship or transport according to the new requirements; 2.Delaying enhanced reciprocity with Canada on cylinders is regrettable but the impact is limited to extending the status quo; 3.In many respects the international requirements impose new restrictions and these can be met without awaiting issuance of HM-215N; 4.To the extent that the international regulations offer relaxations or somewhat different requirements there may be problems for shippers who transport domestically and internationally. We see this in the case of excepted quantity requirements and in the case of radiation detectors. 5.Differences in packaging and hazard communication (fumigation markings) for certain shipments introduces the need for different hazard communication marks and labels and different packaging requirements (some explosives) for certain substances/articles. 6.By regulating previously unregulated polymerizing substances, the international regulations provide a higher degree of safety for these substances; 7.In some respects, the HM-215N changes impose new requirements that affect domestic transport more than international transport. Such is the case with polymerizing substances that move domestically by road and rail. 8.Again, with polymerizing substances, PHMSA has introduced some disharmony between the HMR and international requirements.