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Recent Issue Summaries

What You've Missed... September / October 2010 Issue

A sampling of what you've missed in the September/October 2010 issue of HAZMAT Packager & Shipper...

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

about the concerns surrounding fitness determinations for special permits and approvals applicants.  PHMSA held a public meeting on August 19, 2010, to discuss The need to develop fitness criteria is a result of recent investigations by DOT’s Inspector General (IG) and hearings held by the House Subcommittee on Transportation and Infrastructure.  The author covers many of the topics discussed and comments on the unfortunate direction in which the rulemaking process could be headed.  Fitness for Special Permits and Approvals – PHMSA’s recent Public Meeting.

about developments in FDA’s implementation of the Sanitary Food Transportation Act of 2005.   An advance notice of proposed rulemaking  (ANPRM) was published in the Federal Register on April 30th, 2010.  The legislation requires HHS to issue regulations on sanitary practices to be followed by shippers, carriers by motor vehicle or rail vehicle, receivers, and others engaged in food transport.  The author discusses significant information the agency received in 44 comments from the food and transportation industries on the advance notice.  Public Comments on the FDA’s recent Food Transportation ANPRM.

about PHMSA’s long-awaited HM-215K NPRM published in the Federal Register of August 24, 2010.  The author describes these latest HM-215 docket proposals to update the Hazardous Materials Regulations consistent with the latest editions of the international regulations:  the 16th edition of the UN Model Regulations, the 2011-2012 ICAO TI and the IMDG Code incorporating amendment 35-10.  PHMSA’s HM-215K NPRM.

about new ICAO requirements becoming effective on January 1, 2011. This article summarizes and analyzes important changes incorporated into the new 2011-2012 ICAO Technical Instructions. The author covers topics such as environmentally hazardous substances, packaging closures, limited quantity packages, new packing instructions, lithium batteries, and fuel cell cartridges. New ICAO Requirements Becoming Effective on 1 January 2011.

about some of the more important aspects of the DOT Hazardous Materials Regulation changes becoming effective  October 1, 2010.  The article provides a checklist of new and recently changed regulations to which hazmat companies must pay particular attention from a compliance perspective.  It also identifies each HM Docket that has introduced changes to the rules since October 1, 2009, that will appear in the next edition of 49 CFR Parts 100-185.  Prepare for October 1, 2010 Changes to 49 CFR.

about PHMSA’s recent proposed changes to the HMR that would revise the procedures for submitting applications for Special Permits.  Proposals appeared in a notice of proposed rulemaking, Docket HM-233B, published in the Federal Register on July 27, 2010. Only 30 days were given to the public for submitting comments on the proposals.  The purpose of the proposed changes is to require an applicant to provide sufficient information to enable PHMSA to evaluate the applicant’s fitness and the safety impact of operations that would be authorized in the special permit requested.  In this article, the authors discuss the major issues raised in the comments PHMSA received and many of the comments received in response to the proposals.  PHMSA’s Proposed Revisions to Special Permit Application Procedures.

about the FMCSA’s current position on a number of popular issues in which the agency is seeking satisfactory resolution.  There is a major discussion about the status of the agency’s cargo tank rollover research.  Also the article updates one on enhanced enforcement, provides information on data relating to Roadcheck 2009 out-of-service violations and reviews CDL testing updating and inconsistency problems that exist amongst some of the States.   Highway Safety.