Recent Issue Summaries
What You've Missed... September/October 2011 Issue
A sampling of what you've missed in the September/October 2011 issue of HAZMAT Packager & Shipper...
As a Subscriber, you would have learned ....about a PHMSA misdirection in the title of Docket HM-216B, a notice of proposed rulemaking (NPRM) issued on August 18, 2011. It might have caused you to overlook proposals of concern to you. Most people would conclude that this NPRM entitled “Hazardous Materials: Incorporating Rail Special Permits into Hazardous materials Regulations”, would address only proposals concerning rail special permits. NOT TRUE notes the author of this article. He explains how this rulemaking IN ADDITION concerns electronic data interchange (EDI) and emergency response information and requirements for interlining carriers, and other proposals affecting construction requirements for portable tanks. The HM-216B NPRM – From a Shipper Perspective.
what PHMSA implies when it requires a manufacturer to identify all the steps necessary to complete the package so that it will fully conform to the UN performance requirements. In HM-231, PHMSA revised the requirement for closure instructions. Under §173.22 a shipper is required to close the packaging in accordance with instructions provided by the manufacturer. PHMSA also revised the language in §173.22 pertaining to the shipper closing the package. Are you sure you clearly understand in what detail, including the method of closing, the manufacturer must (or should) describe how a specification package is to be closed, and the shipper’s obligations? Use of Different Closure Methods for UN Certified Packagings.
about the latest developments related to DOT Special Permit 9275 issued in 1986. The products affected contain more than 24% ethyl alcohol, but in all other respects meet the exception criteria for distilled spirits that are beverages. After 25 years, more than 300 companies, both manufacturers and retailers, have held this SP. Nonetheless, on June 15, 2011, PHMSA issued a “show cause” order claiming that this Permit does not provide an equivalent level of safety to that established by the regulations. PHMSA now has made changes disputed by many shippers and carriers. This is a follow-up article to one that appeared in the last issue and is required reading for affected parties. DOT Revises Ethyl Alcohol Special Permit.
that the ICAO DGP at its October 2011 meeting, will be considering new guidance material for the adoption of a voluntary disclosure program for operator non-compliance in hazmat operations under ICAO. Included in the working paper is a proposal that mirrors the U.S. voluntary disclosure program and offers the U.S. program as a successful model for countries to follow. ICAO DGP to Consider U.S. Model for Voluntary Disclosure of Operator Non-Compliance.
about Federal Aviation Administration’s (FAA) and Transport Canada’s September 2011 publication of an analysis model that can be used to describe the future risk of cargo fires in freighter aircraft. The model looks at not only the probability of cargo area fires occurring in aircraft, but also at the costs that can be associated with those types of fires. This model would allow regulators to predict the potential costs of air cargo fires during the period of 2010 thru 2020. A separate model being developed by the FAA would allow an analysis of those costs that could be avoided by the implementation of various control regulations. You can count on its use in future DOT regulations development endeavors. A Closer Look at the FAA Freighter Airplane Cargo Fire Risk Model.
about the scheduled discussion items for the twenty-third session of the ICAO Dangerous Goods Panel (DGP) which meets from October 11 to 21, 2011. At its conclusion, the Panel accordingly will issue amendments to the ICAO Technical Instructions (TI) that will result in the 2013-2014 edition. In this article, 95 papers are organized by topic with some additional information so that readers may determine if they have an interest in reviewing particular papers. To facilitate review, this report has been posted in the Journal’s HazMat Reference Gateway under International, Air Regulation Reports, with hyperlinks to each of the proposals presented in the article. Review of ICAO Papers to be Considered by the Dangerous Goods Panel.
about a PHMSA Notice of Proposed Rulemaking (NPRM) published in the Federal Register on August 18, 2011, under Docket HM-216B. It proposes to incorporate into the DOT hazardous materials regulations several widely used and longstanding special permits pertaining to transportation by rail. This article provides a brief summary of special permits covered in the NPRM. Docket HM-216B – Proposed Adoption of Several Rail Special Permits.