Volume 24, Number 1

May/June 2013

RULEMAKING ACTIVITY

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

(Also go to www. hazmatship.com, Critical Dates)

PHMSA PENALTY VIOLATIONS

U.S. DOT, PHMSA CLOSED PENALTY CASES

HAZMAT TRANSPORTATION GUIDANCE

- Use of the letter "G" on shipping papers for air transportation  

- Potential conflict of GHS labels with DOT 49 CFR 172.502(a)(2) placarding display restrictions 

- Use of the DANGEROUS placard for international shipments by water 

- Variation 2 testing with single inner packaging and substitution of multiple inner packagings for shipment 

- Fire extinguishers shipped under 49 CFR 173.220 in boxes attached to vehicles being transported 

- Class 7 quantity limitation confusion on passenger aircraft 

PHMSA RULES & RULEMAKINGS

PHMSA Revises Minimum and Maximum Civil Penalties for Hazardous Materials Violations

By Ed Mazzullo, Technical Advisor

On April 17, 2013, PHMSA published a final rule under Docket No. PHMSA-2012-0257 (HM-258) in 78 FR 22798 revising regulations pertaining to maximum and minimum civil penalties for knowing violations of 49 U.S.C. Chapter 51 or a regulation, order, special permit, or approval issued under that law.

ENFORCEMENT

HM-258B NPRM - Hazardous Materials: Enhanced Enforcement Procedures - Resumption of Transportation

By Ed Mazzullo, Technical Advisor

On May 22, 2013, PHMSA published a notice of proposed rulemaking in the Federal Register proposing changes to the procedural regulations for opening of packages in 49 CFR Part 109. This NPRM is responding to certain statutory mandates arising from the HMTSIA Act of 2012, specifically regarding Sec. 5121(c) Inspections and Investigations and Sec. 5121(e) Regulations.

UN REPORTS

Agenda for the 41st Session of the Sub-Committee of Experts on the Transport of Dangerous Goods: Review of Proposals

From June 24 to June 28, 2013, the UN Sub-Committee of Experts on the Transport of Dangerous Goods will meet in Geneva. Thirty-five formal proposals have been submitted as well as four informal papers. This report gives summaries of all of the formal papers.

SAFETY ALERT

PHMSA Issues A Recall Of Cylinders Manufactured By The Lite Cylinder Company, Inc.  And Terminates The Company’s Special Permits, Manufacturer’s Registration Number, And Cylinder Requalification Approval

By Ed Mazzullo, Technical Advisor

On May 24, 2013, PHMSA issued Emergency Recall Order No. 2013-02 recalling all cylinders manufactured by The Lite Cylinder Company, Inc. and marked as authorized under special permits DOT-SP  14562 (and DOT-SP-13957 as authorized therein), and DOT-SP 13105, any cylinder manufactured under M5729, and any cylinder requalified under cylinder requalification approval H706.

DANGEROUS GOODS PACKAGING

Large GHS Pictograms on Bulk Packagings

By Frits Wybenga, Senior Technical Advisor

Ed. Note – originally based on DOT letter to David Peters, Regulatory compliance lead, Monsanto Company; dated April 5, 2013 

Mr. Wybenga raises concerns with PHMSA’s letter condoning GHS pictograms of the same size being placed adjacent to hazmat placards. This permission raises the potential for misconstruing such pictograms as denoting the presence of hazardous materials.

PHMSA Representative Provides Performance Packaging Program Update at the Plastic Shipping Container Institute’s Annual Meeting

By Ed Mazzullo, Technical Advisor

In a presentation to the Plastic Shipping Container Institute on April 22, 2013, Anthony Lima (senior investigator, Eastern Region, PHMSA OHMFO) provided an update on PHMSA’s performance packaging program. This article goes into more detail on his discussed topics of FR HM-219, third party lab approvals, validation testing, the research testing program, and the development of the PackSys DataBase.

INTERVIEW

Interview with Joseph Solomey, Office of Chief Counsel, PHMSA

Joseph Solomey, Assistant Chief Counsel for Hazardous Materials Safety Law, discusses issues related to PHMSA’s hazardous materials program, based on questions submitted by The Journal. Discussed is PHMSA’s approach to penalty actions, statutory amendments in HMTSIA, the accessibility of IBR in the HMR, among others.

PHMSA BUDGET

The FY 2014 Budget Request for the PHMSA HazMat Safety Program Once Again Includes User Fees for Special Permits and Approvals

By Ed Mazzullo, Technical Advisor

The President’s budget request was released on April 10, 2013. A gross budget authority of $51.8 million is proposed for PHMSA’s Hazardous Materials Safety program. Mr. Mazzullo breaks down the $9.2 million increase from FY 2013. Also provided is the interested parties’ letter.

RADIOACTIVES

The Nuclear Regulatory Commission Publishes NPRM to Update and Amend Radioactive Material Packaging and Transportation Requirements.

By Wade Winters, CEO, Regulatory Resources, Inc.

On May 16^th, the NRC published their NPRM to amend the radioactive material packaging and transportation requirements in 10 CFR 71. This follows the August 12, 2011 NPRM, generally harmonizing Class 7 material 2009 to IAEA regulations. Additionally proposed are revisions to administrative procedures, exceptions, clarifications of requirements, and clarifications of the responsibilities of licensees and certificate holders.

AIR TRANSPORTATION

Results of the April 2013 ICAO Dangerous Goods Panel Meeting

By Frits Wybenga, Senior Technical Advisor

The ICAO Dangerous Goods Panel held a working group meeting April 15-19, 2013 to continue work on amendments to be included in the 2015-2016 edition of the ICAO TI. This article covers some important changes and their incorporation into the TI. Affected subjects include absorbed gases, detailed label and marking specifications, and other ICAO issues.

MARINE TRANSPORTATION

Report on the Editorial and Technical Group (E&T) Meeting of the International Maritime Organization

By Frits Wybenga, Senior Technical Advisor

The Editorial and Technical Group (E&T) of the International Maritime Organization met April 22-26, 2013. At this meeting UN amendments were incorporated into the IMDG Code amendments and corrections to IMDG Code amendment 36-12 were approved. A new UN special provision 375 against Class 9 environmentally hazardous substances entries (UN3077 and 3082) was a significant topic of discussion.

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

- Definition of rail tank car coating/lining owner

- Emergency response telephone number in non-emergencies

- Classification when no NOS shipping name covers all the hazards of a substance

U.S. DOT INTERPRETATIONS OF THE HMR

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: March and April 2013. Twenty-eight letters sorted, indexed and provided verbatim.