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Recent Issue Summaries What You've Missed... March / April 2008 Issue
Recent Issue Summaries What You've Missed... March / April 2008 Issue | What You've Missed... March / April 2008 Issue |
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A sampling of what you've missed in the March / April 2008 issue of HAZMAT Packager & Shipper... As a Subscriber, you would have learned .... that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced a new approach to enforcing its hazardous materials regulations. It is known as the Systems Integrity Safety Program (SISP). Rather than engage in an adversarial process, PHMSA will provide in-depth analyses, observations, and cooperative follow-up investigations (consultation) with selected “partner” companies to identify the causes of a company’s safety problems. A company successfully completing the SISP program as specified in a Partnership Agreement will not be subject to PHMSA enforcement actions (citations) for probable violations discovered during the term of the Agreement. PHMSA’s New Enforcement Plan.that under the Federal Aviation Administration Authorization Act of 1994, states are specifically prohibited from enacting a law or regulation that affects the price, route, or service of a motor carrier unless such state licensure fees constitute a public safety regulation. When a court rules on whether or not a state requirement is preempted by federal law, it must look at the effect of the requirement and not merely at its stated purpose. The author explains why many existing state licensure fees could be preempted. It may take significant time and resources to present the preemption argument before a court. Nevertheless, if the opportunity arises to challenge a state licensure requirement, it may be worth considering fighting it, especially for a group. Preemption Argument against State Licensure Fees. that the written packaging closure notification requirements of 49 CFR 178.2(c) do not apply to manufacturers and distributors of DOT specification cylinders. Comments on DOT Interpretation letters. that there are many not-so-apparent facets to be considered in arriving at the correct DOT hazard classification for a liquid hazardous material that is charged with a compressed gas within a container. Comments on DOT Interpretation letters. about the major changes made to the DOT HMR in the final rules under Docket HM-218D, some helpful, and others that increase the burden in shipping hazardous materials. Miscellaneous Amendments to the HMR in HM-218D. about concerns regarding the compatibility of package contents with the raw material used for the packaging, especially the possibility of permeation through plastics packagings creating a potentially hazardous situation. This overview article stresses steps that need to be taken to assure safe packaging, storage and transportation of chemicals in plastics packaging from a permeation perspective. Chemical Compatibility of Plastics Packaging. that there appears to be a significant oversight in DOT’s rules restricting transport by air of certain small quantity exception materials covered under 49 CFR 173.4. It creates an inability for shipper compliance verification by an airline when § 173.4 materials are offered to it for air shipment. It could further create a liability for a shipper should it offer a 173.4 item in air transport which is then unwittingly carried aboard a passenger aircraft when it is forbidden from such transport. Question and Answer re 49 CFR 173.4, Small Quantity Exceptions. about which hazardous materials the Transportation Security Administration and the Pipeline and Hazardous Materials Safety Administration have been considering to regulate for security purposes. Recently, TSA officials indicated that they have completed work on a list of Highway Security Sensitive Materials (HSSM). This list is included in a regulatory proposal working its way through the clearance process at the Department of Homeland Security. A table presents the most recent details concerning this highway listing. An Update on TSA Progress in Establishing a List of Security Sensitive Materials about cross bottling or re-bottling problems in the composite IBC industry. This practice is raising questions and concerns now being reviewed by industry and international and domestic regulatory experts alike. A UN working group is reviewing current re-bottling practices. New methods to ensure quality control may be required. There might need to be some revisions to existing composite IBC marking provisions. Cross Bottling Composite IBCs intended for Hazardous Materials. about the overall direction that commenters have taken in addressing PHMSA’s workshops and proposals to resolve the bulk loading, unloading and storage issues for hazardous materials that it faces. This article describes the type of input that PHMSA has received and what it must consider as it proceeds towards a decision. Public Comments -- Proposed Recommended Practices for Bulk Loading and Unloading of Hazardous Materials in Transportation. |
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