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In This Issue: May/June 2017

Topics of interest in the March/April 2017 issue of The Journal of HazMat Transportation.

27th Anniversary Issue

PRE-MEETING REPORT FOR THE 51TH SESSION OF THE UN SCETDG

From July 3 – 7, 2017, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will hold its 51st session in Geneva, Switzerland. The SCETDG agenda will address 28 working papers in seven general topic areas, and one or more informal papers. This is the first session of the new biennium. Changes to the UN Model Regulations agreed at all four sessions will form the basis for amendments to the 21st revised edition of the UN Model Regulations. Pre-Meeting Report on Proposals to be Discussed at the 51st Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

OVERVIEW OF RECENT TRANSPORT CANADA REGULATORY ACTIVITY

This paper looks at recent actions by Transport Canada’s Transport of Dangerous Goods Directorate (TDG), focusing on proposed and completed changes to the TDG Regulations and standards incorporated therein. TDG Regulatory Update Initiatives Move Forward

CANADIAN “PROOF OF CLASSIFICATION” REQUIREMENTS

This article assesses Transport Canada’s “proof of classification” provisions, with regard to what it is, to which dangerous goods it applies, information required as proof, and what happens when you are asked to provide proof of classification. Canada’s “Proof of Classification” Requirement

DIFFERENCES BETWEEN U.S. AND UN PROVISIONS FOR POLYMERIZING SUBSTANCES

New requirements for polymerizing substances in HM-215N are not completely in conformance with the international requirements. This review provides need-to-know information on differences between the HMR provisions and those in the UN Model Regulations., including sunset provisions, defining criteria for polymerizing substances, packaging selection and test requirements.  How HM-215N Differs from the UN Requirements for Polymerizing Substances

LITHIUM BATTERY REGS DIFFER BETWEEN US AND INTERNATIONAL STANDARDS

Even after the issuance of HM-215N there are some lithium battery requirements which are not included in the HMR but are required under international regulations. Also, some HMR requirements are more restrictive than those in the ICAO Technical Instructions. This report explains the differences and outlines potential problems. International Requirements for Lithium Batteries Not Yet in the HMR

CONGRESSIONAL SUBCOMMITTEE HEARING ON HAZMAT SAFETY AND REGULATORY REFORM

In the wake of Presidential Executive Orders to cut government regulations, limit new rules, and potentially eliminate or reorganize unnecessary or redundant federal agencies, the House of Representatives’ Subcommittee on Railroads, Pipelines, and Hazardous Materials held a meeting to seek industry views on safety regulation and regulatory reform opportunities. This report highlights the discussions and provides insight into the views of legislators and industry representatives. Leading Change:  Opportunities for Regulatory Reform

INFORMATION REQUIREMENTS FOR A TYPE A PACKAGE

PHMSA recently issued a “letter of good news” for those who ship radioactive material utilizing Type A packagings. The HM-250 Final Rule did not address how to bring into compliance records for existing Type A packages when the requisite information can’t be obtained.  To the relief of many shippers of Type A packages, PHMSA has extended a grandfather clause to except Type A packages certified by testing prior to July 13, 2015, from certain recordkeeping provisions. PHMSA Interpretation of Information Requirements for Type A Package Documentation

READER INQUIRIES

  • HAZCOM ISSUES and CONCERNS, responds to questions concerning display of ID numbers on shipments excepted from placarding, confusion over ID numbers on non-bulk packages, additional description requirements for a marine pollutant, and transport vehicle hazcomm for a mixed load,
  • Packaging Provisions for Organic Peroxides: Why No Packing Groups?
  • Reader question: Inner Packaging "Surrounded" with Absorbent

COMMENTS ON DOT LETTERS OF INTERPRETATION

Comments are provided on recent interpretations from DOT concerning retesting a lithium battery if component cells in the original battery type are replaced by cells from another manufacturer, applicability of marine pollutant requirements to aerosols, and whether an oil producer is considered an offeror under the HMR. Comments on DOT Interpretations

In This Issue: March/April 2017

Topics of interest in the March/April 2017 issue of The Journal of HazMat Transportation.

IMPACTS OF DELAY OF THE HM-215N INTERNATIONAL HARMONIZATION RULE
The HM-215N International Harmonization final rule was on display at the Federal Register to be published the next day, when the White House issued a “regulatory freeze” which necessitated withdrawal of the rule. This report looks first at potential impacts if the regulatory changes embodied in the rule are significantly delayed for with regard to many of the changes embodied in the rule. A second part focuses on provisions addressed to lithium batteries.
The Ramifications of Not Issuing HM-215N, The International Harmonization Final Rule
The Impact on Lithium Battery Transport by PHMSA Not Issuing HM-215N, The International Harmonization Final Rule

CANADIAN GHS IMPLEMENTATION
Health Canada’s Workplace Hazardous Materials Information System (WHMIS 2015) now incorporates the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for workplace chemicals. This article reports on the status of implementation of the GHS in Canada, including guidance on compliance dates, classification, labeling, safety data sheets, and where to get additional information.
Canada Implements the GHS: Are You Ready for WHMIS 2015?

HAZMAT REGULATORY REVIEW FOR 2016/ PREVIEW OF 2017 AGENDA
This two-part review highlights the hazardous materials-related rulemaking activities of PHMSA and other DOT modal administrations for 2016 (Part A) and looks at anticipated rulemaking activities for 2017 (Part B). Hazardous Materials Transportation Regulations
Part A: Regulatory Highlights for 2016
Part B: Preview of Regulatory Activity for 2017

CHANGING REGULATORY PRIORITIES AND PROCEDURES
The new administration recently has issued executive orders and other directives and guidance aimed at reducing regulations, controlling regulatory costs, identifying and reducing regulatory burdens, among others. A sixty-day freeze on issuing new regulations was put into effect on January 20, 2017. A policy has been implemented requiring the elimination of two existing regulations for each new regulation that imposes costs. This article provides a review of the new policies and their potential impacts.
Administering the Administrative State: Regulatory Reform in the Trump Era

OFFERING AN “EMPTY” RADIOACTIVE MATERIAL PACKAGING FOR SHIPMENT
This article covers packaging exceptions under the HMR that may apply to shipment of an empty packaging that previously contained a radioactive material and other provisions addressed to radioactive materials that may not be applicable. The person asking was concerned because some in the regulated community were looking to impose the same requirements on the user as if the packaging held content.
Radioactive Material Empty Packaging – A Good Exception

POSTAL SERVICE TIGHTENS MAILING STANDARDS FOR LITHIUM BATTERIES
The Postal Service has proposed to revise Publication 52, Hazardous, Restricted, and Perishable Mail, to provide new mailing standards for lithium batteries. The intent is to align its standards with PHMSA’s changes to provisions for lithium batteries in the Hazardous Materials Regulations, as proposed in the HM-215N International Harmonization rulemaking, and recent changes to lithium battery provisions in the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air. This article reviews the changes to the mailing standard.
US Postal Service Proposes to Revise Mailing Standards for the Transport of Lithium Batteries

RSAC REGULATORY DEVELOPMENT ACTIVITIES
The Railroad Safety Advisory Council (RSAC) is a formally chartered and structured Federal Advisory Committee and provides a forum for collaborative rulemaking and program. In this article, the author highlights the regulatory development initiatives currently being worked on by RSAC’s Hazardous Materials Working Group and reports on arrangements for the next full meeting of RSAC.
March 2017 Railroad Safety Advisory Council Update

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning:

  • Relief Valve Settings for Mc331 Cargo Tanks
  • Definition of a Flexible Intermediate Bulk Container

FOCUS ON TWO DOT LETTERS OF INTERPRETATION

  • A Review of Package Marking Requirements for ID 8000 Consumer Commodity Shipments
  • A Discussion on the Number of Package Samples Used for the UN Performance Tests

Summary of U.S. DOT Rule & Rulemaking Activity

In This Issue: November/December 2016 Issue

Topics of interest in the November/December 2016 issue of The Journal of HazMat Transportation.

Definition of a Competent Authority Approval and Use of Plastic Packagings Beyond Five Years
By Frits Wybenga. Senior Technical Advisor

PHMSA Requests Public Comments on Amending Identification Number Exceptions for Fuels Transported by Cargo Tank
By Ed Mazzullo, Technical Advisor

PHMSA Provides The Journal a Clarification on Reverse Logistics
By Frits Wybenga. Senior Technical Advisor

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

  • Label size requirements
  • Transport of rail tank cars containing flammable liquids to private track
  • Classification of aerosols

 

OTHER REPORTS IN THIS ISSUE 

Update on Canadian Transport of Dangerous Goods Regulatory Activities
By Ed Mazzullo, Technical Advisor    

Rail Transportation: ECP Brake Concerns
By Edward W. Pritchard, Senior Partner, Paladin Consulting Group

Q&A: Viscous Flammable Liquids and Open-Head Plastic Pails
By Ed Mazzullo, Technical Advisor

Pre-Meeting Report on Proposals to be Discussed at the 50th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods
Compiled by JHMT Staff and Reviewed with Comments from Frits Wybenga, Senior Technical Advisor

Pre-Meeting Report on Proposals to be Discussed at the 32nd 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 Frits Wybenga, Senior Technical Advisor

OIG Audit Calls for Process Changes for PHMSA
By Ed Mazzullo, Technical Advisor    

Go to the full Digital Edition of The Journal at hazmatship.com to read:

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: September and October 2016.  18 Interpretations sorted and provided verbatim

HazMat Transportation Guidance: 6 guidance tips 

Summary of U.S. DOT Rule & Rulemaking Activity

In This Issue: January/February 2017

Topics of interest in the January/February 2017 issue of The Journal of HazMat Transportation.

REPORT ON THE 32ND SESSION OF THE UN SCGHS
From December 7 to 9, 2016, the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (SCGHS) met for its 32nd session in Geneva, Switzerland. This is the fourth and final meeting of the biennium and the UNSCEGHS decisions will be incorporated in the 7th revised edition of the UN GHS Purple Book.
Report on the 32nd Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals

PREVIEW OF THE HM-215N INTERNATIONAL HARMONIZATION FINAL RULE
In January of this year PHMSA’s latest international harmonization final rule, HM-215N, was forwarded to the Federal Register for publication and then withdrawn, due to a government-wide regulatory freeze. This report looks at the changes contained in the “draft” final rule.
PHMSA issues, then withdraws, its HM-215N International Harmonization Final Rule

LITHIUM BATTERIES OF INCREASING CONCERN TO FAA
A sharp rise in incidents involving air transportation of lithium batteries has resulted in FAA increasing its surveillance and enforcement efforts. This article looks at the legal requirements for properly handling and shipping lithium batteries, FAA’s compliance initiatives, and other issues.
Shippers Beware: FAA is Tightening its Rein on Lithium Batteries

REPORT ON THE 47TH THROUGH 50TH UNSCETDG SESSIONS
The UN Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) recently ended its 50th session, completing the fourth and final session of the biennium. This report reviews the changes made in the four sessions, which will lead to the 20th edition of the UN Model Regulations and an addendum to the UN Manual (6th edition).
Results of 47th through 50th Sessions of the UNSCETDG

RAILROAD EMERGENCY SERVICES PREPAREDNESS
A Senate legislative initiative seeks to enhance the training of emergency first responders for rail hazmat incidents. This article provides an overview of the initiative and currently available resources for training emergency responders.
Fire Training for Railroads

PROBLEMS WITH “ARTICLES”
A hazmat consultant and trainer expresses frustrations over regulatory definitions (or lack thereof) and inconsistences concerning “liquid” versus “solid” and “bulk” versus “non-bulk”, with regard to a large wet-cell battery.
Two Letters for the Special File

INTERNATIONAL GHS IMPLEMENTATION
This article reports on the status of implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in Australia, including guidance on labeling and preparing Safety Data Sheets, and where to get additional information. GHS-related information pertaining to Canada and the U.S. is also mentioned.
Australian GHS Implementation

READER QUESTIONS
Several questions and answers developed in response to reader inquiries are included in this edition:

  • Exceptions for Combustible Liquids Shipped in IBCs, page
  • Flammable Solvent Mixtures and IMDG Marine Pollutant Criteria, page
  • Return Shipments from other than a Retail Facility, page

HM-259 NOTICE ON AIR TRANSPORT-RELATED PETITIONS
In this HM-259 notice of proposed rulemaking, PHMSA, in consultation with the FAA, proposes changes to air transportation provisions to increase harmonization with international standards and respond to petitions for rulemaking. This report appeared online in HazMat Alert 2016-61 on December 15, 2016.
HM-259 NPRM Proposes to Align the HMR with Current International Standards for Air Transportation

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning tank car minimum inspection requirements, properties of fiberboard used in UN 4G boxes, and shipping descriptions for diesel fuel. 

 

Go to the full Digital Edition of The Journal at hazmatship.com to read:

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: September and October 2016.  18 Interpretations sorted and provided verbatim

HazMat Transportation Guidance: 6 guidance tips 

Summary of U.S. DOT Rule & Rulemaking Activity

In This Issue: September/October 2016 Issue

Topics of interest in the September/October 2016 issue of The Journal of HazMat Transportation.

Placard Sized Pictograms on Cargo Transport Units:  PHMSA Responds to The Journal of HazMat Transportation’s Inquiry Relative to 172.401(c) with Interpretation 16-0122.
By Frits Wybenga, Senior Technical Advisor

PHMSA Codifies FAST Act Mandates Addressing Rail Tank Cars Used to Transport Class 3 Flammable Liquids 
By Ed Mazzullo, Technical Advisor

PHMSA Issues Its International Harmonization Notice of Proposed Rulemaking HM-215N
By Frits Wybenga, Senior Technical Advisor

The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations
(links provided to 49 CFR sections and original DOT letters)
By Frits Wybenga, Senior Technical Advisor

OTHER REPORTS IN THIS ISSUE
 

The Need to Provide for Sufficient Financial Coverage of Hazmat Transportation Incidents in the Rail Mode
By Edward W. Pritchard, Senior Partner, Paladin Consulting Group

Package, Overpack, and Freight Container – Definitional Dilemma
By Wade Winters, President, Regulatory Resources, Inc.

PHMSA Publishes HM-234 Notice on Cylinder-Related Petitions for Rulemaking 
By Ed Mazzullo, Technical Advisor

A Different Approach for Improving Packagings Transported in the “Fifth Mode” of Transport
Lonnie Jaycox, Jaycox Consulting


Go to the full Digital Edition of The Journal at hazmatship.com to read:

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: July and August 2016.  38 Interpretations sorted and provided verbatim

HazMat Transportation Guidance: 8 guidance tips 

Summary of U.S. DOT Rule & Rulemaking Activity