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Current Issue

The Journal of HazMat Transportation

A Publication of PRI International, Inc.

 

Volume 29, Number 1 May/June 2018
28th Anniversary Issue

 

In This Issue 

From the President’s Desk    

PHMSA Penalties:  March and April         

Compliance Dates:  Also go to www.hazmatship.com for this file, containing links to official documents and our reports.  

HAZMAT TRANSPORTATION GUIDANCE

A Review and Summary of Prominent Recent Letters of Interpretation

A Summary Review of Recent and Important DOT Letters of Interpretation of the Hazardous Materials Regulations from March, April, and May 2018.

  • -          Testing Excepted Packagings that are Subject to Performance Requirements
  • -          Applicability of Excepted Quantity Exceptions to Samples
  • -          Limited Quantity Exceptions for Flammable Gas Samples 
  • -          Battery Handling Mark for Lithium Ion Batteries Contained in Equipment 
  • -          Using Symbols or Pictograms on a Non-Spillable Battery 
  • -          Flammable Wastes Exempt from EPA Hazardous Waste Requirements 
  • -          Marking Overpacks Containing UN 3090 or UN 3091 for Transportation by Vessel
  • -          Use of Y Mark for Other than Transportation by Aircraft 

 

US LEGISLATION 

Wrapping up FY 2018 Appropriations           
By Cynthia Hilton, Legislative Advisor

Ms Hilton examines the $1.3 trillion spending bill funding the Federal Government through September 30, 2018, focusing on appropriations received by PHMSA’s Office of Hazardous Materials Safety (OHMS).

FAA Reauthorization – Lithium Batteries Regulation Debated         
By Cynthia Hilton, Legislative Advisor 

On April 28, 2018, by a vote of 393 to 13, the House of Representatives approved H.R. 4, the “FAA Reauthorization Act of 2018,” a five-year bill to reauthorize the programs of the Federal Aviation Administration (FAA). This report provides details of the legislation, the DeFazio Amendment, Chairman Shuster’s response, and next steps to be taken.

 

PHMSA RULES AND RULEMAKING

A Look at Comments to the HM-219A Petitions for Rulemaking NPRM: Part One: Packaging Issues   
By Ed Mazzullo, Technical Advisor 

On June 30, 2016, PHMSA issued the HM-219A Notice of Proposed Rulemaking (NPRM), where it proposed to amend the HMR to update, clarify, or provide relief from miscellaneous regulatory requirements in response to 21 petitions for rulemaking submitted by the regulated community. In this report, Technical Advisor Ed Mazzullo conducts a review of comments that were submitted in response to the NPRM. Mr. Mazzullo looks at comments submitted in relation to packaging in this first of two reports.

A Look at Comments to the HM-219A Petitions for Rulemaking NPRM: Part Two: Other Issues             
By Ed Mazzullo, Technical Advisor             

In this Part 2 report covering comments to the HM-219A NPRM, Mr Mazzullo conducts a review of comments on a range of issues not covered in his previous Part 1 report. This report touches on incorporations by reference, definitions for “basic description” and “shipping description,” as well as electronic signatures for the hazardous waste manifest.

 

MATERIALS OF TRADE

Materials of Trade and Class 9 Materials        
By Ed Mazzullo, Technical Advisor

In this response to a subscriber’s questions, Mr. Mazzullo provides illumination on the bearing of MOT provisions to Class 9 Materials. In particular he analyzes that situation where class 9 materials have no packing group.

 

RADIOACTIVES

The Not so Normal NORM: A Look at A PHMSA Letter of Interpretation   
By Wade Winters, Technical Advisor, Radioactive Materials

Mr. Winters takes an in-depth look at a recent letter of interpretation issued by PHMSA which ostensibly answered five questions concerning the packaging or transport of radioactive materials. However, their letter raised further questions in its interpretation, and this report dives into them, question by question.

Questions and Answers Regarding the Transport of Radioactive Waste
By Larry Laude

Mr. Laude tackles questions on the proper shipping name/basic description to be used for a load of NORM-contaminated waste that is also considered hazardous. His report looks at issues of marking, labeling, placarding, and punctuation, among other areas.

 

INTERNATIONAL HARMONIZATION: CYLINDERS

The Compressed Gas Association Provides Comments on Global Recognition of UN and Non-UN Pressure Receptacles   

The Journal provides this exclusive interview with the Compressed Gas Association on the subject of international harmonization of compressed gas cylinders. Discussion ranges from problems facing industry, to US and Canada reciprocity, petitions for rulemaking, and actions taken by the UN. Background is provided at the end of the report.

 

UN REPORTS

RID/ADR/ADN Joint Meeting Summary: Spring 2018      
Prepared by JHMT Staff

The RID Committee of Experts and the Working Party on the Transport of Dangerous Goods (RID Committee; WP.15) held their most recent Joint Meeting on March 12-16, 2018, in Bern, Switzerland. This report reviews and summarizes the amendments discussed and adopted to the European Agreement concerning the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID); the International Carriage of Dangerous Goods by Road (ADR); and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN).

Pre-Meeting Report on Proposals to be Discussed at the 53rd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods        
Compiled by JHMT Staff

From June 25 – July 4, 2018, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will hold its 53rd session in Geneva, Switzerland. This report organizes and summarizes the 60 formal proposals (working papers) and all informal papers available at the time of publication.

Pre-Meeting Report on Papers to be Discussed at the 35th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals        
Compiled by JHMT Staff and Reviewed with Comments from Michelle Sullivan

The United Nations Sub-Committee on the Globally Harmonized System of Classification and Labelling of Chemicals (or UNSCEGHS) will meet in Geneva on July 4-6, 2018 for its 35th session and third session of the 2017-2018 biennium which is expected to result in the 8th revision to the GHS. Dr. Sullivan reviewed this report organizing and summarizing the working proposals and informal papers submitted to the upcoming session.

 

READER INQUIRIES  

Responsibility for Pre-Transportation Functions         
By Ed Mazzullo, Technical Advisor

An offeror of hazardous waste materials poses a number of questions concerning responsibility for performance of pre-transportation functions under the HMR. This report provides illumination on the requirements general and specific.

Packaging Solid Materials in Single Packagings Tested for Liquids     
By Ed Mazzullo, Technical Advisor

Mr. Mazzullo examines and responds to reader’s questions concerning the use of drums tested for liquids as packagings for solids. He addresses the classification of bulk packagings and looks at the definitions of bulk and non-bulk packagings.

 

COMMENTS ON DOT INTERPRETATIONS    

The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations              
By Ed Mazzullo, Technical Advisor

  • Package Markings on a DOT 7A Type A Packaging;
  • PHMSA Reconsiders Marking Requirements for Cargo Tank Outlets and Inlets on MC-331 Cargo Tanks

U.S. DOT INTERPRETATIONS OF THE HMR      

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: March, April, and May 2018. 19 letters sorted, indexed and provided verbatim.                    

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