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Recent Issue Summaries

What You've Missed... November / December 2010 Issue

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

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

about a PHMSA Docket HM-231 final rule publication in the September 30, 2010, Federal Register (75 FR 60333-60340).  The author discusses the DOT response to four appeals and one request for reconsideration, received by PHMSA after the February 2, 2010 publication of the initial HM-231 final rule at 75 FR 5376. Also you will want to be sure to be aware of the correction of a number of errors that occurred in the latest rulemaking.  PHMSA Issues Amendment to HM-231: Miscellaneous Packagings Rule.

valuable detail on what to expect during an investigation involving shipment of a hazardous material (hazmat) when it has led to an investigation and enforcement action by the Federal Aviation Administration (FAA) for your company.  Knowing details about subsequent enforcement actions is a powerful tool that can help a company avoid or significantly reduce a civil penalty.  The author imparts exceptional and unique information that allows one to respond appropriately during both phases of any FAA enforcement: the inspection and the enforcement action.  How to Respond to FAA Enforcement Actions.

about the ICAO Working Group meeting in Abu Dhabi 7 to 11 November 2010. The ICAO Dangerous Goods Panel will hold its first working group meeting principally aimed at preparing the 2013-2014 edition of the Technical Instructions.  The author discusses some of the papers available on the ICAO website.  They strongly suggest that there are some issues brewing that could have a significant impact.  You will want to know about them to be prepared.  A Review of Papers for the November 2010 ICAO Working Group Meeting in Abu Dhabi.

about PHMSA’s August 24, 2010 NPRM in DOT Docket HM-215K, to harmonize the US Hazardous Materials Regulations (HMR) the current versions of the UN Model Regulations, the IMDG Code and the ICAO Technical Instructions.  PHMSA requested public comments on the proposed rules and the comment period quickly closed October 25, 2010. This article reviews issues raised in the public comments submitted to the Docket which will go to a final rule by the end of the year. Public Comments on HM-215K – Harmonization of the HMR with International Rules.

that in 2005, DOT’s FMCSA implemented a permitting program for motor carriers transporting certain explosives, poison by inhalation materials, highway route controlled radioactive materials and liquefied natural gas.  To improve safety on the highways, the program was intended to preclude motor carriers in the bottom 30% of the industry from transporting these dangerous goods. But, the program is being implemented in a manner that disqualifies far more than the bottom 30% DOT-registered motor carriers, contains biases that make it extremely difficult for less-than-truckload carriers to obtain the permit, and contains fluctuating eligibility criteria that make it difficult to ensure business continuity.  This program is reducing the supply of eligible motor carriers, but does it actually enhance safety?  Read the thoughtful author’s discussion of why serious changes are needed.  An Overview of FMCSA’s Motor Carrier Safety Permit Program.

about the UN TDG Subcommittee decision-making 38th session held from November 29 to  December 7, 2010 -- the last session of this two year biennium.  Read about the focus of the UN Committee final decisions.  The amendments agreed upon will result in publication of the 17th edition of the UN Model Regulations. The changes will in turn be introduced into international regulations (ICAO TI, IMDG Code, ADR/RID) and the HMR effective or voluntarily effective 1 January 2013.    The article forewarns of coming changes of which you need to be aware.  A Preview of What’s in Store at the UN Subcommittee’s 38th Session.