Contents Pages :

Volume 19, Number 6

In This Issue  

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

PHMSA PENALTY VIOLATIONS:  U.S. DOT, PHMSA CLOSED PENALTY CASES   

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: January and February 2009. Fifty-one letters sorted, indexed and provided verbatim.

HAZMAT TRANSPORTATION GUIDANCE

Initial U.S. carrier and shipper’s certification for international shipments by water.

Alkali battery gross weight on passenger aircraft.

Maintenance of packaging test reports.

Portable tank table error for gasoline, UN1203, in the HazMat Table.

HMR applicability to shipments by vessel that remain aboard while in U.S. waters.

Venting refrigerated oxygen during highway transportation.

DOT shipping paper hazard zone information and TIH gases.


MARINE TRANSPORT

Some Relief for Certain Combustible Liquids Transported by Sea
By Frits Wybenga, Senior Technical Advisor

An unintended consequence of the implementation of criteria for Environmentally Hazardous Substances in the new edition of the IMDG Code is that for certain combustible liquids, it will eliminate problems associated with readying them for sea transport. In this report Mr. Wybenga explain how the new edition of the IMDG Code will provide relief for combustible liquids that are transported by sea.                        

RAIL SECURITY

Responses to Questions Posed to the Transportation Security Agency Relative to its New Rail Security Rules

Several questions were posed to the Transportation Security Agency by the Journal regarding the new rail security rules. The responses to those questions are provided in this report.

Transportation Security Agency Clarifies with Letter of Interpretation

Recently the Joint Hazardous Materials Rail Transportation Task Force requested clarification of some issues raised in the railroad security rules recently released by the Transportation Security Administration. On March 5, 2009 TSA responded to those questions.  The Letter of Interpretation clarifies rules for transferring chain of custody for railroad security-sensitive materials (RSSM), refused RSSM shipments, and inspector guidance documents. This report looks at the Letter of Interpretation and its clarifications. The letter follows our report on page 14.

MOTOR CARRIER SECURITY

On March 20, 2009 the Transportation Security Administration published a 30 Day Notice in the Federal Register requesting public comments on a new TSA Information Collection Request. This training evaluation form will be used to assess the effectiveness of a new training program that TSA is in the process of developing. In this report Mr. Coyle discusses the information collection request and the new training program.

LITHIUM BATTERIES

Confusion and Difficulties Associated With Implementation of the New Lithium Battery Provisions    
By Frits Wybenga, Senior Technical Advisor

Transporting lithium batteries has become considerably more confusing since 1 January 2009.  The new requirements stem from amendments to the UN Model Regulations 15th revised edition and changes included in the 2009 – 2010 ICAO Technical Instructions. To complicate matters, the recent DOT rulemaking, HM-215J/HM-224D, did not harmonize the HMR with the new international requirements, so that those transporting in the US and internationally are now faced with two sets of regulations. In this report Mr. Wybenga discusses the changed included in the 15th Edition of the UN Modal Regulations, changes included in the 2009-2010 ICAO Technical Instructions / IATA DGR, and the points of confusion/difficulties in implementation.

CHEMICAL PLANT SITE SECURITY

In October of 2006 Congress added 14 paragraphs to the Homeland Security Appropriations Act of 2007 authorizing the Secretary of DHS to establish standards for security at high-risk chemical facilities, authority that expires in October of this year. In April 2007 Secretary Chertoff published the Interim Final Rule that established the Chemical Facility Anti-Terrorism Standards (CFATS) in 6 CFR Part 27. In this report Mr. Coyle discusses the establishment, implementation, and reauthorization of the CFATS as well as alternatives to reauthorization legislation.

DANGEROUS GOODS BY AIR

IATA’s  Addendum II Addresses Explosives, Environmentally Hazardous Substances, Substances Containing Impurities,  and the U.S. Variation on Lithium Batteries

Corresponding with ICAO’s issuance of an addendum to the Technical Instructions, the International Air Transport Association (IATA) issued an amendment to the Dangerous Goods Regulations on March 30, 2009.  The addendum covers several important areas including the U.S. lithium battery variation.

ENFORCEMENT

The Pipeline and Hazardous Materials Safety Administration issued a Notice of Probable Violation to Airgas- South, Inc for six alleged violations of the Hazardous Materials Regulations with fines totaling $385,400.  According to the March 31, 2009 Notice of Probable Violation, on or about May 13, 2008 Airgas offered for transportation Argon in a portable storage tank which leaked resulting in three deaths of Longshoreman in the cargo hold of a vessel.  This report examines the regulatory framework that formed the basis of the violations.

COMMENTS ON DOT INTERPRETATIONS

Comments on Significant Letters of Interpretation of the HMR  
By Frits Wybenga, Senior Technical Advisor

-  For Import Shipments, Who is the Initial U.S. Carrier?
-  Repair of Portable Tanks

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