A sampling of what you've missed in the c 2005 issue of HAZMAT Packager & Shipper...

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

that the DOT regulations are sometimes unclear when it comes to determining whether a packaging is bulk or non-bulk. Yet, upon that determination rests many decisions in correctly using the DOT regulations. HAZMAT Q & A

that no matter what the aggregate weight of the listed hazardous substances within the mixture may be in a package, the mixture is not considered a “hazardous substance” unless the weight of one or more of the listed hazardous substances within the package exceeds the Reportable Quantity (RQ) for that substance in Table 1 to Appendix A to § 172.101. Altemos Comments on DOT Letters of Interpretation

that filling “the void space” of a previously tested combination packaging with absorbent material would not necessitate re-testing of the packaging design type as a “different packaging” - provided that the absorbent material does not affect the structural integrity of the packaging and that the modified packaging does not exceed the gross mass of the originally tested unit. However, this interpretation does not appear to allow the replacement of one type of cushioning material in a UN packaging design type with a different type of cushioning material (the latter also being absorbent) without necessitating retesting as a “different packaging”. Altemos Comments on DOT Letters of Interpretation

that a recently passed hazardous materials law governing the DOT hazardous materials regulations and known as Public Law 109-59 was signed by President Bush on August 10, 2005. The author describes the many changes, those with immediate effect, those expected shortly, and those that we can expect to see in DOT rulemaking in the future. Bierlein – Hazardous Materials Law

about the complications and potential difficulties that concern the U.S. Government in making the IMDG Code mandatory under the SOLAS Convention. Pfersich – Marine Transport

about where the new criteria for marine pollutants are headed in that the UN GHS based system is expected be adopted. This entails replacement of the existing MARPOL Annex III criteria for marine pollutants with those derived from the GHS for environmentally hazardous substances (aquatic environment). A significant change as IMO transitions to this new system will be the inherent obligation in the new system for a shipper to make a determination as to whether or not a new substance or mixture meets the environmental criteria and offer it for transportation accordingly. Materials will not need to be listed to be regulated. Currently, if a substance is not identified as a marine pollutant, a shipper is not under an obligation to make a determination one way or the other. Pfersich – Marine Transport

all about what FRA is doing with implementation of acceptable levels of rail security, improving rail safety including accident reduction, how it is engaged in a variety of activities that combine reliability, engineering methodologies dealing with tank car structure, repair, and maintenance, a viable system that enhances the availability of emergency response information to first responders, technological options and opportunities for reducing risk on lines where traffic density levels do not support installation of signal or train control systems including switch position detection tied to various means of communication, low-cost circuits to detect broken rails, a physics-based model to analyze the kinematics of rail cars in a derailment, development of the dynamic structural analysis models, and assessment of the damage created by puncture entailing the application of fracture mechanics testing and analysis methods, and developing a new National Inspection Plan (NIP) that extensively utilizes accident and inspection data to target compliance problems. Schoonover – Dangerous Goods by Rail

the position of DOT when a rail carrier prepares a train consist and it happens that the name of the original shipper is not transferred over to the consist. This creates some difficulty with the use of the emergency response telephone number in that the organization providing emergency information does not know who the original shipper is. Thus, it may not be able to provide the same level of detail as it might if the original shipper were known. FRA’s regulatory and enforcement position is spelled out. Schoonover – Dangerous Goods by Rail

how, under HM-223, FRA is handling the transfer of product from a tank car directly into a manufacturing process. Schoonover – Dangerous Goods by Rail

about the difficult problems of resolving the threat of terrorism in hazmat transportation. The authors present a unique analysis of the recent Washington DC/CSX court case contesting hazmat transportation in the vicinity of the Capitol in Washington, DC. Wicks/Wadsworth HazMat Security – HazMat & Terrorism

that DOT’s new offeror definition in Docket HM-223A might not solve all the problems. It continues to raise serious concerns in its implementation by field inspectors. The author addresses some of the problems. Unless and until the constructive knowledge issue is successfully addressed by the Department, much of the good which can come from this rulemaking will be at risk if inspectors attempt to rely upon the “should have known” concept to support moving forward against carriers in the enforcement process. The entire subject of “constructive knowledge” must be revisited as soon as possible if this new rule is to be truly effective. Gillick – Offeror Rule