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Current Issue

The Journal of HazMat Transportation

A Publication of PRI International, Inc.

Volume 25, Number 1 May/June 2014

24th Anniversary Issue!


In This Issue 1



Compliance Dates:    45-47


Summary of U.S. D.O.T. Rule & Rulemaking Activity     48-53

(Also go to www., Critical Dates)






A Review of Summary of Recent and Important DOT Letters of Interpretation of the Hazardous Materials Regulations

By Ed Mazzullo, Technical Advisor

  • Exceptions for Wet Cell Batteries 9
  • Use of OSHA GHS Pictograms and Miniature DOT Hazard Warning Labels on a Package            11
  • Use of Dangerous Placard for Flammable and Combustible Liquids in Non-Bulk                 13
  • Authorized Service Life for Toxic Inhalation Hazard Tank Cars                     21
  • Removing Placards from Freight Containers Containing Non-Bulk Packages of Marine Pollutants                        26
  • Definition of a Tray                        29
  • Regulation of a Combustible Liquid/Marine Pollutant in Non-Bulk Packages                        33
  • Packaging Requirements for Pyrophoric Liquids                       36



Report on the April Meeting of the International Civil Aviation Organization Dangerous Goods Panel Working Group                    7-9

By Geoff Leach, Director, Dangerous Goods Office Ltd.

A special meeting of the Working Group of the ICAO DGP met from April 7 - 11, 2014, to address the ongoing topic of the safe transport of lithium batteries by air, more specifically, the prohibition of lithium metal batteries on passenger aircraft. Mr Leach, former Chairman of the ICAO DGP, attended the meeting and provides this summary and analysis of the Working Group's discussion and proposals and offers perspectives on the movement of dangerous goods by air.



Pre-Meeting Report on Proposals to be Addressed at the 45th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods                 38-44

Compiled by JHMT Staff and reviewed by Senior Technical Advisor Frits Wybenga

From June 23 to July 2, 2014, the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCTDG) will meet in Geneva, Switzerland.  In this report, we have created brief summaries of each of the sixty-one working papers and seven informal papers on the agenda proposal and have categorized them into eight general topic areas. Also posted with hyperlinks to proposals at



Security Requirements for both DOT and TSA                32-34

By Edward W. Pritchard, Senior Partner, Paladin Consulting Group

This is the second half of an article addressing Security requirements enforced by the Department of Transportation and the Transportation Security Administration, focusing on TSA requirements that can be found in 49 CFR 1580.1-203. The most important issues in this section are highlighted.



The Complexity of Package Configurations:  Two  Case Studies              27-31

By Wade Winters, CEO, Regulatory Resources, Inc.

Mr. Winters examines two letters of interpretation from PGMSA regarding UN tested single packagings. In this article, he takes an in-depth look at how close attention to packaging definitions and other details is necessary to avoid non-compliance.



DOT Issues another Emergency Order and a Safety Advisory Concerning Bakken Crude Oil                      15

By Ed Mazzullo, Technical Advisor

On May 7, 2014, the Secretary of Transportation issued an Emergency Order to rail carriers that transport large quantities of petroleum crude oil originating from the Bakken shale formation, and the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration jointly issued a Safety Advisory to shippers and carriers concerning the selection and use of tank cars for packaging Bakken crude oil.

AFPM Survey Report: Bakken Crude Oil Does Not Pose Risks Significantly Different from Other Petroleum Crude Oils                       16-17

By Ed Mazzullo, Technical Advisor

On May 15, 2014, the American Fuel & Petroleum Manufacturers released a report examining the characteristics of Bakken crude oil. The report is based on survey responses by AFPM members, and data from analysis of a large number of samples of Bakken crude oil. Read this article for background information and a summary of the information contained in AFPM’s report.

Overview of Major Developments in Rail Tank Car Safety Regulations in the US and Canada, Since the 1970s               18-24

By Jean-Pierre Gagnon

With recent events pushing rail tank car design and safety into the spotlight, Mr. Gagnon draws upon his decades of experience with the Canadian transport agencies for this comprehensive look at rail tank car design and regulations in North America.



Recent FMCSA Regulatory Activity                       25-26

By Ed Mazzullo, Technical Advisor

Over recent months, the Federal Motor Carrier Safety Administration has issued a number of important hazmat-related regulatory actions. This article summarizes recent actions on electronic documents; non-coercion of CMV drivers; and HMSP out-of-service criteria, among others.

FMCSA Reinstates Informal Hearing Procedures for Contesting Civil Penalty Claims                       37

By Ed Mazzullo, Technical Advisor

FMCSA reinstated the procedure for requesting an informal hearing as an option for administrative adjudication of contested civil penalty claims with a notice published in the Federal Register. Mr. Mazzullo provides the background for informal hearings and summarizes the comment submitted by the American Trucking Association.

FMCSA Proposes Mandatory Use of Electronic Logging Devices for Recording Hours of Service                35-36

By Ed Mazzullo, Technical Advisor

On March 28, 2014, FMCSA published a supplemental notice of proposed rulemaking  proposing performance and design standards, mandatory uses, and document requirements for electronic logging devices. Read this for a summary of these topics, also including ensuring driver privacy and prohibiting harassment, proposed compliance dates, and costs and benefits.



The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations                       10-14

By Frits Wybenga, Senior Technical Advisor

  • Testing for Classification
  • Consideration of subsidiary risk in the requirement for security plans
  • Transport of wet batteries with other hazmat
  • Trays for ORM-D materials



U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: March and April 2014. Twenty-eight letters sorted, indexed and provided verbatim. 


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  • 2014-40 July 23, 2014 U.S. DOT Announces Proposed Rulemakings for High Hazard Flammable Materials Transported by Rail

  • 2014-39 July 23, 2014 Report on the 45th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

  • 2014-38 July 21, 2014 Transport Canada Requests Comment on Proposed New Class of Tank Car (TC-140) and Retrofit of TC/DOT-111 Tank Cars

  • 2014-37 July 18, 2014 OMB Concludes Review of HM-224F Revisions to Requirements for the Transportation of Lithium Batteries

  • 2014-36 July 15, 2014 PHMSA Proposes Adoption into HMR of Provisions for Bulk Vehicles Used for Explosives under Special Permits