A sampling of what you've missed in the November / December 2006 issue of HAZMAT Packager & Shipper...

As a Subscriber, you would have learned ....

that the UN is meeting in Geneva in December 2006 to adopt a number of changes to its Model Regulation (UN Recommendations). This will set the stage for the next round of IMO, ICAO and 49 CFR regulatory revisions that industry will face. This article presents recent, new information on a number of last minute changes introduced to work already done by the UN TDG Sub-committee during the past two years.

that following a major policy disagreement between modal international organizations, upcoming changes to the IMO IMDG Code will force shippers by sea to review all their products against new marine pollutant criteria. This is notwithstanding that such evaluation is not required under the UN Model Regulation for products already found in Classes 1-8.

how important it is for shippers to understand their relationship with a waste contractor. The shipper must fully understand his regulatory obligations under the DOT HMRs. No matter what functions the waste hauler may perform, in the final analysis the “generator” of the waste will be asked to sign the shipper’s certification on the hazardous waste manifest. This is true even if the contractor performs virtually all offeror functions such as classification, packaging, marking, labeling and preparation of the shipping papers. This makes the generator an “offeror” under the HMR.

that you need to be aware that ICAO is preparing significant reformatting changes for its Packaging Instructions in the ICAO Technical Instructions. Comments need to be submitted soon. Using the website provided, shippers are offered the opportunity to comment, hopefully to avoid any changes that could present serious (read expensive) changes to dangerous goods shipment provisions by air. IATA will be adopting these changes.

that TSA’s compliance dates for the more burdensome requirements of the Air Cargo Security Requirements Final Rule issued on May 26, 2006, have been pushed back. But this does not change the overall basic effective date of October 26, 2006 for the final rule. The delay changes are limited to three important programs central to TSA’s effort to ensure security: STA, SIDA, and training. Readers need to carefully study the date variations to avoid non-compliance or misunderstanding. This article helps clear up possible confusion.

that DOT is apparently moving to harmonize with IMO’s marine pollutants regulatory system, within the next three years. DOT “likely” intends to make the shipper responsible for classifying any substance that meets the new criteria – whether it is currently identified as such in 49 CFR, as a 49 CFR hazardous material based on its marine pollution potential. This will be a major labor- and research-intensive requirement placed on all industries. The impact could be enormous.

that DOT is undertaking a number of initiatives with individual companies to implement a systems approach to improving closure integrity. In the coming months PHMSA’s enforcement staff will be expanding their current efforts in reaching out to establish a systems approach to resolving non-compliance issues in the closing of packaging for shipment.

that when faced with harmonization problems between DOT 49 CFR requirements and the UN Model Regulation, DOT suggests a tactic that could be followed in convincing DOT to be more harmonious with the UN. Commenters should include detail on the specific regulation that is viewed as inconsistent and most importantly, provide DOT with supporting information on how the UN approach provides an already appropriate level of safety without need for the inconsistent DOT rule that is set forth.

that the industry and the National Transportation Safety Board have strong reservations about the outcome of Docket HM-223 whereby unloading was essentially removed as a transportation function subject to the DOT Hazardous Materials Regulations. After hearing objections and concerns for safety, DOT indicated that it is willing to consider new standards for loading and unloading and has met with NTSB on this matter.