NHTSA Requests Comments on PACCAR Petition for Decision of Inconsequential Noncompliance
On July 28, the National Highway Traffic Safety Administration (NHTSA) requested comments on a petition for decision of inconsequential noncompliance from PACCAR Inc. (PACCAR) who has determined that certain model year 2022-2025 Peterbilt and Kenworth trucks do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Comments are due by Aug. 27.
FMCSA Requests Comments on Annual Report of Class I and Class II For-Hire Motor Carriers ICR
On July 28, FMCSA requested comments on the Annual Report of Class I and Class II For-Hire Motor Carriers information collection request (ICR). Comments are due by Sept. 26.
FMCSA and NHTSA Withdraw Speed Limiting Devices NPRM
On July 24, FMCSA and NHTSA withdrew the joint notice of proposed rulemaking (NPRM) that proposed to require heavy vehicles (vehicles with a gross vehicle weight rating of more than 11,793 kilograms (26,000 pounds)) to be equipped with a speed limiting device that is maintained at a set speed.
NHTSA Requests Comments on Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR
On July 22, NHTSA requested comments on the Compliance Labeling of Retroreflective Materials for Heavy Trailer Conspicuity ICR related to the labeling requirement for retroreflective sheeting material. Comments are due by Sept. 22.
U.S. DOT Requests Information on Surface Transportation Reauthorization
On July 21, the U.S. DOT requested information on proposals for consideration in advance of the next surface transportation reauthorization legislation. Comments are due by Aug. 20.
PHMSA Releases Interpretation Related to IBCs
On July 15, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a clarification to the Hazardous Materials Regulations (HMR) in response to multiple questions on provisions applicable to intermediate bulk containers (IBC). Specifically, the request asked about the use of out-of-test IBCs under DOT special permit 12412, draining or disconnecting hoses after unloading hazardous materials and before re-entering transportation, and the incomplete or lack of shipping records. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to Markings on UN Specification Non-Bulk Performance-Oriented Packagings
On July 15, PHMSA released a clarification to the HMR in response to a question on markings on United Nations (UN) specification non-bulk performance-oriented packagings. Specifically, the requester asked if a single UN symbol should be used to meet the requirements in Title 49 Code of Federal Regulations § 178.503(a)(1) when multiple markings are included on a packaging. PHMSA shared that the HMR specifically states if more than one marking appears on a packaging, each marking must appear in its entirety and that each marking string must include its own UN symbol or the letters “UN” as part of the marking string.
PHMSA Releases Interpretation Related to Marking of Refillable UN Pressure Receptacles
On July 10, PHMSA released a clarification to the HMR in response to multiple questions on the marking of refillable UN pressure receptacles in accordance with § 178.71(q) of the HMR. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to CTMVs
On July 2, PHMSA released a clarification to the HMR in response to multiple questions on cargo tank motor vehicles (CTMV). Specifically, the request asked about the use of an engineered copolymer as the material of construction for certain parts of a CTMV. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to the Hazardous Materials Endorsement for CDL
On June 27, PHMSA released a clarification to the HMR in response to a question on the hazardous materials endorsement on a commercial driver’s license (CDL) and other transportation requirements. Specifically, the request is related to the transportation of the containerized vehicles in a scenario in which the requester’s company transports shipping containers that each have one to three electric or hybrid vehicles from ports to customer locations and back to the ports. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to the Transportation of Lithium-Ion Cells and Batteries
On June 26, PHMSA released a clarification to the HMR in response to multiple questions on the transportation of lithium-ion cells and batteries. Specifically, the request asked about the use of firmware to limit the nominal energy expressed as the watt-hour rating of a lithium-ion cell or battery contained in equipment. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to Reclassification of a Flammable Liquid to a Combustible Liquid
On June 5, PHMSA released a clarification to the HMR in response to multiple questions on reclassifying a flammable liquid to a combustible liquid. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to Shipping Papers
On June 3, PHMSA released a clarification to the HMR in response to a question related to the display of the emergency response telephone number on shipping papers. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to Marking and Label Visibility Requirements
On May 12, PHMSA released a clarification to the HMR in response to multiple questions about marking and label visibility requirements as it relates to § 172.304(a)(3) and § 172.406(f), respectively. PHMSA shared answers to each of the questions in the interpretation.
PHMSA Releases Interpretation Related to Shipment of Equipment Using Solar, Battery and Fuel Cell Technology
On May 9, PHMSA released a clarification to the HMR in response to a question on the shipment of equipment using solar, battery and fuel cell technology. As part of an answer to a specific scenario, PHMSA shared that according to § 173.22, it is the shipper’s responsibility to properly classify and describe a hazardous material.
PHMSA Releases Interpretation Related to Definition of ‘Closed Bulk Bin’
On May 7, PHMSA released a clarification to the HMR in response to a question on the definition of “closed bulk bin” in § 173.240(c). Specifically, the request asked about whether a non-UN-rated large containment packaging, which meets the general design requirements of § 173.410 for Class 7 material packaging as referenced in the certificate provided by the packaging supplier, qualifies as a closed bulk bin to be used as an outer packaging for low-hazard Class 9 materials. PHMSA shared that the HMR provides no definition for closed bulk bins, but prior letters of interpretation have provided definitions for closed bulk bins.
PHMSA Releases Interpretation Related to UN Identification Number Markings
On April 23, PHMSA released a clarification to the HMR in response to a question on UN identification number marking in accordance with Special Provision 389 for a shipment of “UN3536, Lithium Batteries installed in cargo transport unit lithium-ion batteries or lithium metal batteries, 9.” PHMSA shared answers to two specific scenarios in the interpretation.
PHMSA Releases Interpretation Related to Explosives Packaging Requirements
On April 2, PHMSA released a clarification to the HMR in response to a question on explosives packaging requirements, specifically related to packaging prescribed under an explosives approval. PHMSA shared that a new explosive is an explosive produced by a person who has not previously produced that explosive or has made a change in the formulation, design or process to alter any of the properties of the explosive.
PHMSA Requests Comments on Pending Letters of Interpretation
PHMSA implemented a process to submit comments on pending interpretation letters that are under review by the Office of Hazardous Materials Safety. Comment submissions will be accepted for 30 days after the pending interpretation letter is posted.
