PHMSA responds on HM-215K appeals

PHMSA has published its responses to administrative appeals to its HM-215K rulemaking, which aligned HMR with the 2011 international regulations. PHMSA received a number of appeals, mainly dealing with the phase-out of the ORM-D consumer commodity classification and other limited quantity issues. While being keen to simplify procedures and ensure harmonisation with international provisions - and noting that the ORM-D issue in particular had been flagged up more than five years ago - PHMSA has some sympathy with petitioners and is proposing to extend the deadline for the continued use of the ORM-D classification until the end of 2015. A similar extension will be provided for the use of the square-on-point marking containing the ID number.

Other inconsistencies between the old ORM-D system and the harmonised limited quantity provisions will also be removed. These deal with, for instance, the use of absorbent material, incident reporting and materials of trade.

The latest proposals also include alignment with ICAO's recent changes to its provisions for the carriage by air of battery-powered wheelchairs and other mobility aids. This will include a number of consequential amendments to the text of the original HM-215K final rule.

PHMSA's responses have been issued in the form of an NPRM. This means that those affected by the proposals have 60 days from May 25 to comment on the proposed changes. The document can been fournd on the Federal Register website here.