Sunday, December 17, 2017
   
Text Size
         

Current Issue

The Journal of HazMat Transportation

A Publication of PRI International, Inc.

 

Volume 28, Number 4 November/December 2017

In This Issue 

PHMSA Penalties:  September and October                     

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

  Rule and Rulemaking Summary                 

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 September and October 2017.

  • Rethreading Cylinders Not Originally Equipped with External Threads  
  • Use of a Public Road Between Contiguous Facilities
  • Shipment of Hydrogen Peroxide by Air
  • Use of an Older Version of the Emergency Response Guidebook (ERG) 
  • Atomic Clocks Containing Rubidium  
  • Inspection of Areas on a Cargo Tank Covered by the Upper Coupler
  • Transport of Multiple Explosives on a Multipurpose Bulk Truck
  • ASME Code “U” Stamp for Portable Tanks Used for Zone A or B TIH Liquids 

By Ed Mazzullo, Technical Advisor

 

GENERAL NOTICES

Transportation Infrastructure Notice of Review of Policy, Guidance, and Regulation: HazMat Issues            
By Ed Mazzullo, Technical Advisor

On June 8, 2017, the Department of Transportation’s (DOT’s) Office of the Secretary of Transportation notified the public it is reviewing existing policy statements, guidance documents, and regulations to identify unnecessary obstacles to transportation infrastructure projects by publishing Transportation Infrastructure: Notice of Review of Policy, Guidance, and Regulation in the Federal Register. Out of 203 comments submitted, Mr. Mazzullo reviews and highlights some hazmat-related comments from notable organizations and interested parties.

CVSA Issues Guidance on Display of GHS Labels on Bulk Packages   
By Ed Mazzullo, Technical Advisor             

This report reviews a recent Inspection Bulletin issued by the Commercial Vehicle Safety Alliance (CVSA; 2017-03 – Display of GHS Labels on Bulk Packages; dated Sept. 21, 2017) to provide guidance on GHS pictograms or labels and their display on bulk packages while in transportation. This report continues the ongoing topic covered previously in The Journal, including PHMSA’s letter of interpretation responding to The Journal and subsequent joint issuance with OSHA of a guidance document.

 

CLASSIFICATION

Flammable Liquid Classification: International Requirements and the HMR XX
By Frits Wybenga, Senior Technical Advisor

Following his report in the September/October 2017 issue, A Tutorial on Flammable Liquids and Their Classification, Mr. Wybenga takes a look at the classification criteria in the regulations to see how those properties are used (or not used). In this report he compares the current HMR and international requirements related to classification of flammable liquids.

 

DANGEROUS GOODS TRAINING

UPDATE: Looking at Hazmat Employee Training as Addressed in PHMSA Letters of Interpretations           
By Ed Mazzullo, Technical Advisor

Mr. Mazzullo reviewed every letter of interpretation on the subject of hazmat training issued by PHMSA between January 1, 2015, to date of this publication in order to update his previously issued, comprehensive report on hazmat employee training. Originally published in the May/June 2015 issue, letters added since then are marked with a star. Consider this report a must-read for those making key training decisions as well as those who enforce the regulations.

 

UN REPORTS

Pre-Meeting Report on Proposals to be Discussed at the 52nd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods    
By Frits Wybenga, Senior Technical Advisor

From November 27 – December 6, 2017, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will hold its 52nd session in Geneva, Switzerland. The SCETDG agenda will address 24 formal proposals (working papers) in 6 general topic areas as well as 8 informal (INF) papers as of the time of publication. Mr. Wybenga provides brief summaries of each proposal organized by subject category: Explosives and related matters; Listing, classification, and packing; Electric storage systems; Miscellaneous proposals of amendments to the Model Regulations on the Transport of Dangerous Goods; Global harmonization of transport of dangerous goods regulations with the Model Regulations; Issues relating to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Pre-Meeting Report on Papers to be Discussed at the 34th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals   
By Michele R. Sullivan, PhD, Technical Advisor

From December 6 - 8, 2017, the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labeling of Chemicals (SCEGHS) will hold its 34th session in Geneva, Switzerland. The SCEGHS agenda will address 24 formal proposals (working papers) in 6 general topic areas as well as 8 informal (INF) papers as of the time of publication. Dr. Sullivan reviews and summarizes the 12 informal papers and 2 working papers posted.

 

TRANSPORTATION OF ENERGY LIQUIDS AND GASES

National Academies Report:  Safely Transporting Hazardous Liquids and Gases in a Changing U.S. Energy Landscape   
By Ed Mazzullo, Technical Advisor

Mr. Mazzullo reviews and summarizes the nine recommendations made by the National Academies of Science, Engineering and Medicine in a report titled Safely Transporting Hazardous Liquids and Gases in a Changing U.S. Energy Landscape, published in October 2017. The report looks at the increases since 2005 in long-distance movement of energy liquids and gases within the U.S. by railroad tank cars, pipelines and tank barges.

 

DISASTER RESPONSE

Disaster Planning and Response – PHMSA Takes a Lead        
By Cynthia Hilton, Legislative Advisor

In light of 2017’s historic and terrible damage wreaked by hurricanes on the United States, disaster preparedness takes on new meaning as worse- and worst-case scenarios become more likely. Ms. Hilton examines PHMSA’s obligations and powers in disaster situations as well as how they responded to recent crises.

 

INTERNATIONAL HARMONIZATION

New Petition to Harmonize HMR and International Aerosol Definitions       
By Frits Wybenga, Senior Technical Advisor

This year, four organizations petitioned PHMSA to harmonize the Hazardous Materials Regulations definition for aerosols with that of the United Nations Model Regulations. This issue is not a new one, and Mr. Wybenga provides a helpful overview of previous petitions, basic information regarding aerosols, the differences in the definitions, as well as the regulatory implications.

PHMSA RULES AND RULEMAKINGS

PHMSA Announces Intentions for Rule Issuance for 2017 and Early 2018     
By JHMT Staff

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently released information on those rules it intends to issue in the end of 2017 and the first quarter of 2018.  This report lists and summarizes the rulemakings expected to see action.

EXECUTIVE ORDERS AND POLICY DECISIONS

DOT and PHMSA Regulatory Reform in Response to Presidential Executive Orders           
By Roncevert Almond and Marina O’Brien, The Wicks Group, PLLC

The legal experts from The Wicks Group, PLLC, continues their coverage of Executive Orders issued this year and their effect on US regulatory agencies, particularly within the Department of Transportation. Part I of this report provides an overview of the relevant EOs mandating regulatory reform; Parts II and III provide a brief update on regulatory reform activities at the DOT and PHMSA; and Part IV concludes by identifying several implications resulting from the President’s regulatory reform agenda and the implementing measures of the DOT and PHMSA. 

U.S. HazMat Representation at ICAO: PHMSA Regains Leadership Position at the Dangerous Goods Panel  
By Cynthia Hilton, Legislative Advisor

Next year, the Pipeline and Hazardous Materials Safety Administration (PHMSA) will lead the U.S. delegation to the Dangerous Goods Panel (DGP) of the International Civil Aviation Organization (ICAO).  This change was implemented in response to industry requests. This report examines the background and history of the US’ delegation to the ICAO DGP.

 

COMMENTS ON DOT INTERPRETATIONS   

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

  • 3.1.2.6 IMDG Code
  • §173.22 Classification
  • §172.602(a), Use of Older Editions of the Emergency Response Guidebook (ERG)

U.S. DOT INTERPRETATIONS OF THE HMR      

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: August through November 2017. 17 letters sorted, indexed and provided verbatim.        

Copyright 2017, PRI International, Inc. All Rights Reserved.

The Journal of HazMat Transportation and its Digital Edition is published bi-monthly and HazMat Alerts are issued severally per month by PRI International, Inc. Subscription licensing inquiries and letters to The Journal of HazMat Transportation should be directed to PRI International, Inc., P.O. Box 3144, West Chester, PA 19381-3144, tel. (610) 436-8292, or fax (610) 436-9422. E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

IMPORTANT NOTICE: Reproduction in part or whole, or the derivation of content for external or internal redistribution via print, facsimile, electronic, or any other means, of content presented in The Journal of HazMat Transportation (print and digital) editions, HazMat Compliance Alerts, The HazMat Reference Gateway™, and The HazMat Compliance DataBase™  is prohibited without explicit prior written permission from the publisher (see Title 17 USC),  or unless commercial arrangements have been made via subscription license, available to all subscribers. Violators may be subject to fees by PRI International, Inc.  PRI International, Inc. will enforce its intellectual property rights to the fullest extent provided by United States and International law against all violators.

Single user content licensing and multiple user agreements are available which provide for rights to the internal distribution of content. Call (610) 436-8292 for information.  Complete intellectual property provisions and guidelines for use are found at www.hazmatship.com.

PRI International, Inc. hereby disclaims responsibility for any statements made or opinions expressed in its publications by individual or group contributors.