“Because emergency conditions have not abated, FMCSA is extending Emergency Declaration No. 2020-002 and associated regulatory relief in accordance with 49 CFR § 390.25. This extension of the Emergency Declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from the FMCSRs for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons.”
This emergency declaration is effective in all 50 states. It will be effective through May 15, 2020.
This notice does not give drivers relief from other regulations, such as hazardous materials, CDLs, drug and alcohol, as well as size and weight restrictions.
Thank you to all of the drivers out there! Without you, there would not be anything at the grocery store or delivered to our homes. You all are amazing! Thank you!
Due to COVID-19, more companies are offering alcohol based hand sanitizer for transportation. PHMSA has issued a notice offering temporary relief from some of the hazardous materials regulations for products that are being produced under the FDA’s guidance.
This relief has been extended until October 31, 2020. The extension notice can be found here.
PHMSA issued temporary relief for hand sanitizer shipped in the US
This relief
applies to highway transportation only.
will expire when the health emergency is over or 3 months from the issue date (April 2, 2020), whichever is sooner. EXTENDED UNTIL OCT. 31, 2020. NOTICE FOUND HERE.
states that PHMSA will not take enforcement action for violations of the hazardous materials regulations if the procedures in the notice are followed.
The required provisions will depend on the amount to be shipped. See the provision summaries below.
PACKAGING UP TO 8 GALLONS of hand sanitizer containing ethyl alcohol or isopropyl alcohol with an alcohol content not exceed 80%. The requirements to be followed are based on the container size of the hand sanitizer. If 1 gallon or less, refer to number 1 below. Over 1 gallon, refer to number 2 below.
Combination packaging – inner packaging up to 1 gallon each and outer packaging cannot exceed 8 gallons total (e.g. 8 x 1 gallon packages)
PACKAGING REQUIREMENTS
Leak tight packagings must be securely closed. Protected against damage and secured against shifting.
Package closure in an upright orientation
MARKING ON OUTER PACKAGE AND OVERPACKS
Company name
The words “Sanitizer – Contains Ethyl Alcohol” or “Sanitizer – Contains Isopropyl Alcohol”
NOT REQUIRED TO:
apply flammable liquid hazard class label
apply any additional marking(s)
placard vehicle
prepare hazmat documentation
Packagings – exceeding 1 gallon capacity
PACKAGING REQUIREMENTS
Packages are overpacked in crates, boxes, cages, carts, etc.
Secured in transport vehicle to protect against damage, leakage and movement.
Package closure in an upright orientation
MARKING ON PACKAGE AND OVERPACKS
Company name
The words “Sanitizer – Contains Ethyl Alcohol” or “Sanitizer – Contains Isopropyl Alcohol”
NOT REQUIRED TO:
apply flammable liquid hazard class label
apply any additional marking(s)
placard vehicle
prepare hazmat documentation
PACKAGING OVER 8 GALLONS of hand sanitizer containing ethyl alcohol or isopropyl alcohol with an alcohol content not exceed 80%.
Packagings – exceeding 8 gallon capacity but not more than 119 gallons
PACKAGING REQUIREMENTS
DOT or UN specification packaging is required.
Must be X or Y performance level packaging
Leak tight packagings must be securely closed.
Protected against damage and secured against shifting.
LABELING
Class 3 flammable liquid label must be on all packages
DOCUMENTATION
Bill of lading must include the following:
Basic description “UN1987, Alcohols, n.o.s., Class 3, PG II”
Number, type and capacity of packages offered (e.g. 25 drums – 119 gallons ea.)
EMERGENCY RESPONSE GUIDE 127 must accompany the shipment
Required if aggregate gross quantity in vehicle exceeds 1001 lbs.
PHMSA REGISTRATION not required
EMPLOYEE TRAINING
Required for all shippers and carriers of this materials
PHMSA has provided training materials
Presentation slides from PHMSA can be downloaded here
Craft Spirits Assoc. Webinar on shipping alcohol based hand sanitizers can be found here. This is a 50 minutes webinar.
All motor carriers must comply with 49 CFR 177.804
A copy of this notice from PHMSA can be found here.
If you have any questions on shipping hand sanitizer or any other hazardous materials, please let us know. Email us at hello@hazmathelp.com or call us (704) 573-0955.
Stay safe and healthy!
Christine Holloway-Clare is the Vice President of Safety Specialists, Inc. She has been assisting customers comply with the hazardous materials regulations for over 20 years.
Safety Specialists, Inc. offers a wide range of hazardous materials transportation training and consulting options. Online training is available. Monthly online classes for DOT, IATA and IMDG available. Join one today.
On December 18, 2018, PHMSA issued the ‘Notice of Enforcement Policy Regarding International Standards’. This notice state that PHMSA will NOT take enforcement action if a shipper or carriers offers or accepts packages marked and labeled according to the following standards.
2019-2020 edition of the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods for air shipments and
39-18 Amendment of the IMDG Code for ocean shipments
PHMSA Notice of Regulatory Change
From PHMSA:
“The Pipeline and Hazardous Materials Safety Administration (PHMSA) understands that many offerors and carriers of hazardous materials in international transport will soon be adhering to requirements in the internationally-adopted 2019-2020 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and Amendment 39-18 of the International Maritime Organization, International Maritime Dangerous Goods Code (IMDG Code). PHMSA is giving notice that it will not take enforcement action against any offereror or carrier using these standards when transporting hazardous materials by certain modes.”
The official incorporation of the ICAO and the IMDG Code can be found in rulemaking HM-215O. This rulemaking is proposed and comments are due by January 28. Details on HM-215O can be found here. 2018-11-27HarmonizationInternational
