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Contents Pages : Volume 19, Number 6 March/ April 2009In This Issue
Summary of
PHMSA PENALTY VIOLATIONS: 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 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.
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.
TSA to Collect User Feedback on Motor Carrier Hazmat Security Training
By Patrick Coyle
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.
Confusion and Difficulties Associated With Implementation of the New Lithium Battery Provisions
Chemical Facility Anti-Terrorism Standards - CFATS Reauthorization
By Patrick Coyle
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. 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.
PHMSA takes Enforcement Action Against Airgas-South for Violations of the HMR
By Robert Bunn
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
Copyright 2008 by Packaging Research International, Inc. All Rights Reserved.
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