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

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

that in a DOT Letter of Interpretation dated March 18, 2005 to Mr. Richard Daley, Borden Chemicals, Inc., DOT confirms that under the HM-223 final rule, tank car unloading operations performed by consignee personnel after the rail carrier has departed the consignee’s premises are not subject to regulation under the HMR. Comments on Letters of Interpretation

that the Hazardous Materials Transportation Act Reauthorization (HMTA) bill currently under review by the House would expand the definition of a "hazmat employer". The definition is proposed to be revised to include one who not only employs but one who "uses" another person to perform a hazmat function. Intending to include contractors and subcontractors whose personnel might not be employed directly by a company, the bill appears to expand a primary company's training obligations to all such non-employee personnel. HMTA

that in this UN biennium, in response to a Canada-France paper and other discussions, the entire concept of small package exceptions is on the agenda for evaluation. Packaging and package testing will be reviewed, and it is necessary for industry to be informed and engaged in the process. Part of this process is the need to enhance the perceptions regulatory bodies may have of the safety of small package shipments. Perceptions may currently be skewed by past experience with under-performing packaging that resulted from unclear regulatory text. By ensuring compliance with the currently existing regulations, a more appropriate level of safety may be shown. Small Package Exceptions

both the House and Senate versions of the HMTA bill say that "except in the case of packaging immediately adjacent to its hazardous material contents," DOT may open the other packaging when the inspector "has an objectively reasonable and articulable belief that the package may contain a hazardous material." HMTA

that the Federal Aviation Administration and the National Transportation Safety Board are investigating incidents concerning rechargeable lithium batteries. These rechargeable batteries were not affected by the December 15, 2004 IFR that prohibited primary (non-rechargeable) batteries from transport on passenger aircraft. Testing has begun on rechargeable batteries, similar to the testing conducted on lithium primary batteries. FAA Interview

that in Docket No. HM-226A, “Hazardous Materials: Infectious Substances; Harmonization with the United Nations Recommendations,“ certain amendments not emanating directly from the UN Recommendations are proposed. The NPRM also proposes amendments to reflect certain additional requirements that were adopted by the ICAO Dangerous Goods Panel (DGP) and which have been promulgated in the 2005/2006 edition of the ICAO Technical Instructions, as modified by an addendum to that edition that was issued by ICAO in March of 2005. HM-226A

FAA has deployed an Intermodal Hazmat database that functions as a search engine for the DOT’s Hazmat information. It contains over 1.5M records attributed to over 220,000 companies (mostly shippers). It contains multi-year records concerning inter-modal inspections, incidents, penalties, exemptions, approvals, and registrations. PHMSA presently uses the database; other modes are soon to follow. FAA Interview

At the April 18-22, 2005 meeting of the ICAO “Working Group of the Whole” Dangerous Goods Panel, the following items were acted upon…
1) Dangerous Goods List entries and associated special provisions were added, modified or deleted to reflect the corresponding UN amendments;
2) The Division 6.1 classification criteria was aligned with the modified UN criteria based on the GHS;
3) The provisions for infectious substances were aligned with the revised UN provisions;
4) The modified Division 5.2 (organic peroxides) label adopted by the UN was introduced; and
5) The alternative sequence for the basic description on shipping papers beginning with the proper shipping name was removed, and only the sequence beginning with the UN number will be permitted from January 1, 2007. ICAO Decisions