New Rulemaking HM219

HM 219 3/7/2013 Summary

Final rule permissive effective date 3/7/2013  mandatory date 5/6/2013


172.101 HMT
Deletes  NA 1203 Gasohol  gasoline mixed with not more than 10 % ethyl alcohol

Revises several self reactive flammable solid & liquid entries to allow use of limited quantity exception.

Revises the UN 0509 Smokeless powder listing to allow for reclassification from hazard class 1.4C to Division 4.1, See 172.102 SP 16

172.102 Special provision 16
Allows smokeless powder to be reclassified from class 1.4C to division 4.1

Modifies what Identification markings are required on portable tanks, cargo tanks, tank cars and nurse tanks.  Most of these deal with gasoline and alcohol mixtures.

Allows for alternate shipboard locations for dangerous goods cargo manifest.

Clarifies that manufactures & third part test lab markings on packagings may not be used

178.601, 178.801 & 178.955
Revises record retention requirements for packaging test reports.  These changes only pertain to Packaging manufacturers, and packaging testers.

A copy of the rulemaking can be found here:

If you have any questions, please let Safety Specialists know and we will be happy to answer them for you.


Remember that Consumer Commodity, ORM-D-AIR ended December 31, 2012.  Packages will be rejected if they bear the proper shipping name Consumer Commodity, ORM-D-Air.

These packages must be reclassified as limited quantity or as a fully regulated hazardous material.  Consumer Commodity, ORM-D-AIR and limited quantity are NOT equal.  This change to the regulations cannot be complied with by simply applying a new marking to the box.

EVERY product that was shipped as Consumer Commodity, ORM-D-AIR must be reclassified.  If your company needs assistance with reclassification, please let us know at 704-573-0955 or




More Global Harmonization Regs

On August 15, 2012, PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards, such as International Maritime Dangerous Goods Code (IMDG), the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations.

The proposed changes will include revision to the following:

  • proper shipping names,
  • hazard classes,
  • packing groups,
  • special provisions,
  • packaging authorizations,
  • air transport quantity limitations, and
  • vessel stowage requirements.

DATES: Comments must be received by October 15, 2012.

SEND COMMENTS: You may submit comments online:
Federal Rulemaking Portal: Follow the on-line instructions for submitting comments.

DATES: Get a copy of the proposed HM-215L  rulemaking here.

Safety Specialists will publish our summary of the changes soon.

Changes to Packages Shipped by Air

PHMSA issued a final rule regarding the packaging, closure, liners and absorbents when shipping by air. The changes in this rulemaking will align with the International Civil Aviation Organization (ICAO) Technical Instructions.  A summary of the changes is:

  • Class/Division 4.1, 4.2, 4.3, 5.1 or 8 Packing Group III materials must be in packaging, which is a Packing Group II performance level.
  • The packaging must be constructed to resist the effects of temperature and vibration changes which normally occur during air transportation.
  • Liquid Packing Group I materials will require:
    • Secondary means of closure and
    • Absorbent materials of liquid in Classes/Divisions 3, 4, 5.1, 6.1, or 8 in glass, earthenware, plastic or metal inner packagings
      • Sufficient absorbent material to absorb the entire contents of the inner packaging
      • Absorbent must not react with the liquid
      • Liquid Packing Group II and III materials will require:
        • Secondary means of closure
          • If cannot be applied or impractical, then inner packaging can be placed in a leakproof liner or bag

Secondary means of closure could be tape, child resistant closures, friction seleeves, locking rings, heat seals, etc.

These requirements are for air shipments.

Compliance Dates
Voluntary compliance date: May 16, 2012
Effective date: July 1, 2012

PHMSA HM-231A rule can be found here.