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Current Issue

The Journal of HazMat Transportation

A Publication of PRI International, Inc.

Volume 27, Number 1 May/June 2016

In This Issue

RULEMAKING ACTIVITY

Summary of U.S. D.O.T. Rule & Rulemaking Activity

Also go to www.hazmatship.com, Critical Dates. Summaries are linked to our reports and Federal Register notices.

Compliance Dates:  For a summary of important international and U.S. compliance dates, please login to www.hazmatship.com and go to Critical Dates: Compliance Dates.  Summaries are linked to our reports and Federal Register notices.

Alerts Since Last Issue

HazMat Alerts Issued by The Journal of HazMat Transportation since publication of the November/December 2015 issue

HAZMAT TRANSPORTATION GUIDANCE

A Summary Review of Recent and Important DOT Letters of Interpretation of the Hazardous Materials Regulations from February through May 2016.

  • Requirements for Emptied Oxygen Cylinders
  • Exception for Solids Containing Flammable Liquids
  • Visual Inspection of Cargo Tanks with Vinyl Decals or Paint
  • Segregation of Div. 2.3 Poisonous Gases with Subsidiary Hazards
  • Identifying an Overpack on Shipping Papers
  • Shipping Lithium Ion and Lithium Metal Batteries in the Same Package
  • Material Forbidden under HMR but Permitted under ICAO
  • Carriage of a Forklift on a Flatbed Trailer

By Ed Mazzullo, Technical Advisor

 

HAZARD COMMUNICATION         

Review of an Enforcement Action Involving IBCs Containing Marine Pollutants     
By Frits Wybenga, Senior Technical Advisor 

Mr. Wybenga addresses a real-life situation regarding intermediate bulk containers, marking and placarding on the transport vehicle, and the apparent violation committed. Read for a study of the hazcom requirements for transport vehicles and difficulty in applying Marine Pollutant marks.

Reader inquiry: OSHA HCS Pictograms on Large Transport Containers     
By Frits Wybenga, Senior Technical Advisor 

In response to Mr. Wybenga’s report in the March/April issue on Hazcom requirements for large transport containers, a reader contacted The Journal with comments as well as a tank car mockup to illustrate the potential for confusion.

PHMSA Releases the 2016 Emergency Response Guidebook    
By JHMT Staff

On Tuesday, April 26, PHMSA released the 2016 Emergency Response Guidebook (ERG2016). The 2016 version of the ERG includes general revisions, expanded sections, and added guide pages for absorbed gases.

 

INTERVIEW WITH PHMSA

Questions for Marie Therese Dominguez, Administrator, PHMSA
By JHMT Staff
 

Ms. Marie Therese Dominguez was nominated by the President last year to be the new Administrator of PHMSA. In this article, she has responded to The Journal’s questions regarding strengths, focuses, and plans for PHMSA’s hazmat program under her direction.

 

STATE REGULATORY ACTION

Regional Railroad Accident Preparedness and Immediate Response Regulations
Part Two in the Series on California SB-84 Hearing
Edward W. Pritchard, Senior Partner, Paladin Consulting Group 

Mr. Pritchard follows his report from last issue on the hearings held by the state of California with this update on the proposed State Bill 84 (SB-84). He provides current text from the bill as well as commentary on California’s actions. Briefly, Congress’ actions are reviewed and compared, as well as Canada’s interest in the topic of rail safety.

 

PACKAGING

A Look at Selective Testing Provisions for Non-Bulk Packagings and Related Interpretations—Part B: Single Packagings
By Ed Mazzullo, Technical Advisor 

In the last issue of The Journal, Mr. Mazzullo provided Part A of this report on Combination Packagings. This time, he has turned his attention to single packagings. Again he provides an exhaustive look at the current requirements as well as DOT letters of interpretation.

 

PHMSA RULES AND RULEMAKINGS

PHMSA’s HM-253 Final Rule on Reverse Logistics 
By Frits Wybenga, Senior Technical Advisor

Following to its August 2014 NPRM, PHMSA published its final rule on Reverse Logistics on March 31, 2016 and made the new requirements effective immediately. Intended to relax requirements for retail industry to return shipments qualifying as hazmat that would otherwise be subject to the full extent of the HMR. The NPRM left open possibilities for unintended consequences, and Mr. Wybenga takes a deep look at the Final Rule to see what it means for the regulated community.

PHMSA Issues HM-241 Supplemental Notice and HM-261 Direct Final Rule Concerning Updates to ASME Code and National Board Inspection Code         
By Ed Mazzullo, Technical Advisor

PHMSA published a supplemental notice of proposed rulemaking to allow the use of the 2015 edition of the ASME Boiler and Pressure Vessel Code, Section XII—Rules for Construction and Continued Service of Transport CTMVs, cryogenic portable tanks, and multi-unit tank car tanks (“ton tanks”), and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code. PHMSA also published a direct final rule HM-261 which incorporates by reference the most recent edition (2015) of the ASME Code (excluding Section XII) and the 2012 edition of ASME’s Transportation Systems for Liquids and Slurries: Pressure Piping Code.

Definition of Retail Store in the Context of HM-253: Reverse Logistics
By Frits Wybenga, Senior Technical Advisor

Mr. Wybenga returns to PHMSA’s Final Rule HM-253 for a focused discussion on the definitions and applicability of the rulemaking. Of particular concern is the definition of “retail store” and who can make use of the new provisions for reveres logistics.

 

PETITIONS 

ATA Files Petition for Reconsideration of HM-253 Reverse Logistics Final Rule
By Ed Mazzullo, Technical Advisor

Pursuant to the publication of Final Rule HM-253, the American Trucking Associations (ATA) submitted a petition for reconsideration of the rulemaking. Mr. Mazzullo takes a brief look at the Final Rule before turning his attention to the petition and the three areas where ATA requests further clarification or rule changes.

 

LEGAL ANALYSIS

Unwarranted Intrusion?  Investigating the Closely Regulated Industry Exception to the Fourth Amendment
By Roncevert Almond, The Wicks Group, PLLC 

Most Americans are aware that the Constitution protects against unwarranted search and seizures. How is the Federal government able to perform unannounced inspections, without a warrant or probably cause? The legal experts of The Wicks Group provide a fascinating look at the Constitution, relevant Supreme Court decisions, and the legal authority of the US’ Federal modal agencies.

 

UN REPORTS

Pre-Meeting Report on Proposals to be Discussed at the 49th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods
Compiled by JHMT Staff and Reviewed with Comments from Frits Wybenga, Senior Technical Advisor

The United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCTDG) will hold its 49th session in Geneva, Switzerland, from June 27 to July 6. This report provides brief summaries of each of the 49 formal proposals as well as the 11 informal papers available at the time of writing.

Pre-Meeting Report on Proposals to be Discussed at the 31st Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals
Compiled by JHMT Staff and Reviewed with Comments from Frits Wybenga, Senior Technical Advisor

From July 5 to 8, the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (SCGHS) will hold its 31st session. Read this report for summaries of the working and informal documents submitted to the upcoming meeting,

Highlights from the 30th Session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification
By Michele Sullivan, PhD., Technical Advisor

Dr. Sullivan provides this report on the topics of most interest from last year’s most recent meeting of the SCGHS. Read for important information regarding labeling of small packages, GHS labels and transportation, classification and hazcom for flammable gases, dust explosion hazards, use of non-animal testing methods, corrosivity criteria, and the joint work between the GHS and TDG Sub-Committees.

 

COMMENTS ON DOT INTERPRETATIONS   

The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations
By Frits Wybenga, Senior Technical Advisor

  • Applicability of Part 172 Subpart H Training Requirements to SDS Classifiers
  • Supplementary Packagings 173.24(c)(2)
  • Definition of a 2.2 gas

U.S. DOT INTERPRETATIONS OF THE HMR 

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: February through May 2016. Twenty-five letters sorted, indexed and provided verbatim.  

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