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The Journal of HazMat Transportation

A Publication of PRI International, Inc.


Volume 26, Number 3 September/October 2015

In This Issue 1


Summary of U.S. D.O.T. Rule & Rulemaking Activity     66-68

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.



A Summary Review of Recent and Important DOT Letters of Interpretation of the Hazardous Materials Regulations from July and August 2015.

  • Applicability of Subsidiary Hazard Class for Anhydrous Ammonia Shipment        9
  • Hot Water Bath for Aerosols Filled with Paint         17
  • Use of a Manufacturer’s EX Number to Ship Munitions      19
  • Limited Quantities of Ethyl Alcohol Containing Other Materials    25
  • HazCom Documentation Requirement for Lithium Cells and Batteries       29
  • Size Limits for a Cell in a Multiple Cell Lithium Ion Battery           33
  • T.7 Overcharge Testing Requirements for Lithium Batteries            41
  • Battery Handling Mark Exception for Small Cells and Batteries Installed in Equipment    47
  • Placarding for Water Transport when Excepted by Highway 51
  • Time Delay for Placing Fumigated Cargo Transport Units aboard a Vessel 55

By Ed Mazzullo, Technical Advisor



Acceptance of Filled “USA” Marked UN Plastic Packagings in Europe 16-17
By Frits Wybenga, Senior Technical Advisor

Mr. Wybenga tackles the question of whether filled packagings with a “USA,” UN mark will be accepted for transport throughout Europe by examining sections of the ADR and UN Model Regulations and discussing the differences in approach to compatibility testing.



The 25th Session of the ICAO Dangerous Goods Panel Pre-Meeting Report: Review of Papers        30-33
Compiled by JHMT Staff and Reviewed by Frits Wybenga, Senior Technical Advisor    

The twenty-fifth session of the Dangerous Goods Panel (DGP) of the International Civil Aviation Organization (ICAO) will meet from October 19-30, 2015, in Montréal, Canada. The meeting is expected to conclude with amendments to the ICAO Technical Instructions on the safe Transport of Dangerous Goods by Air. This report provides a complete overview of working papers organized by subject category.



Transport Corrosivity Issues Brought on by GHS            7-9
By Frits Wybenga, Senior Technical Advisor

Noting that the criteria for corrosive substances in international transport regulations has gone without significant change for some time, Mr. Wybenga discusses the Globally Harmonized System (GHS) criteria, its implications for transport, and the actions in Europe affecting international transport.



Looking at Emergency Response Information as Addressed in the US DOT Letters of Interpretation            27-29
By Ed Mazzullo, Technical Advisor

Mr. Mazzullo reviews several DOT letters of interpretation and presents a wide-ranging and informative series of questions and answers regarding the regulatory requirements for Emergency Response Information.



Exclusive Use and Radiological Survey Requirements – The New Requirements         40-41
By Wade Winters, President, Regulatory Resources

Anticipating confusion over the definition of exclusive use in §173.403 and the new required radiological survey requirements in §173.443(c), Mr. Winters discusses both topics, highlighting changes for clarity.

Reviews of Two U.S. DOT Letters of Interpretation Relative to the Transport of Radioactive Materials             34-39

  • - How to Describe in the Shipping Description a Class 7 Radioactive Yellow-III labeled package Located in a Rigid Overpack
  • - Shipment of Radioactively Contaminated Objects Containing Liquids

By Wade Winters, President, Regulatory Resources

Mr. Winters provides some contention to a Letter of Interpretation issued by PHMSA on the issue of a Class 7 labeled package in a rigid overpack. He examines the regulations, responds directly to sections of PHMSA’s letter, and provides advice on how to comply safely. Examining another Letter of Interpretation from PHMSA, Mr. Winters looks at the response to the concern of how to identify and describe a non-spillable wet acid battery, also externally contaminated above the Class 7 (radioactive) material defining criteria. Mr. Winters discusses the impact on Class 7 SCOs and further ramifications of the Letter.



The HM-251 Final Rule’s Impact Part 2: NTSB Brake Study and Recommendations by State Governments 18-21
By Edward W. Pritchard, Senior Partner, Paladin Consulting Group

In this part 2 of his series on the consequences of Final Rule HM-251, Mr. Pritchard addresses a study on brakes released by the National Transportation Safety Board (NTSB), State notifications, unattended trains, State adoption of hazardous materials regulations, and status of Congressional action. He also reviews the actions and recommendations of the states of Oregon, North Dakota, Pennsylvania, and Maryland, in addressing the risks of transporting crude by rail.



PHMSA Issues HM-233E Final Rule: Special Permit and Approvals Operating Procedures and Evaluation Process    27-29
By Ed Mazzullo, Technical Advisor

PHMSA published Final Rule HM-233E on September 10, 2015, adopting regulations pertaining to standard operating procedures (SOPs) to support the administration of its special permit and approval programs. Mr. Mazzullo’s report provides a thorough summary of new and updated requirements, definitions, and clarifications.



The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations                       22-26
By Frits Wybenga, Senior Technical Advisor

  • Status of Carrier When a Salvage Packaging is Used
  • May oxygen cylinders with extraneous equipment attached be reclassified as UN 3072?
  • Size limits for DOT 39 Cylinders used for Liquefied Flammable Gases
  • Use of Cell Phone Telephone Numbers as Emergency Response Information Numbers


U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: July and August 2015. Thirty-seven letters sorted, indexed and provided verbatim.


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