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In This Issue: March/April 2018

Topics of interest in the March/April 2018 issue of The Journal of HazMat Transportation.

SEGREGATION OF INCOMPATIBLE MATERIALS

Is placement of two materials, a Class 3 and a Division 5.1, in a single outer packaging prohibited on the basis of §177.848? And what about segregation for purposes of highway transport? Read for answers. Segregation of Hazardous Materials: A Look at a DOT Letter of Interpretation

BUDGET REQUEST

            This comprehensive review of the President’s Financial Year 2019 budget request focuses on funding of the Pipeline and Hazardous Materials Safety Administration, its operational expenses, and adequacy of funding for its hazardous materials transportation program. Funding PHMSA’s Hazardous Materials Transportation Program – FY 2019

THIRD PARTY SHIPMENTS

            In a complex situation of drop shipping, freight forwarding, and INCO terms, a reader turned to us for guidance. Whose responsibility is it to sign the Dangerous Goods Declaration? Flammable Goods Drop Shipped to South America

PACKAGING RECIPROCITY

            A reader contacted The Journal curious if there are applicable Canada-US reciprocity provisions to consider for packagings manufactured and design tested in Canada and which are to be filled and offered for transport in the US. Additional information on retest requirements is provided. Filling and Use of a Foreign-Manufactured Packaging in the U.S.

DG TRANSPORT ISSUES

            Read and review the applicable requirements for polymerizing substances, in particular when sea transport under the IMDG Code is required. Shipper - Carrier Issues Regarding Polymerizing Substances


EUROPEAN MEETING ON RID/ADR/ADN

The RID Committee of Experts and the Working Party on the Transport of Dangerous Goods is holding their next Joint Meeting on March 12-16, 2018, to discuss amendments to the European Agreement concerning the Regulation concerning the International Carriage of Dangerous Goods by Rail; the International Carriage of Dangerous Goods by Road; and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways. RID/ADR/ADN Joint Meeting Pre-Meeting Summary: Spring 2018

HAZMAT LEGISLATION

The House Transportation and Infrastructure Committee met this February in executive session to submit their Views and Estimates on budget implications of legislation under their purview. Notably among their priorities is the reauthorization of the Federal Aviation Act. House Transportation and Infrastructure Committee Announces Its Plans for FY 2019

DANGEROUS GOODS BY AIR

Lithium batteries were the major topic of discussion at the February 27, 2018, hearing on “The State of Aviation Safety” before the Aviation Subcommittee of the House Transportation and Infrastructure Committee, as well as ICAO standards and FAA modernization. Testimony on Lithium Batteries & Undeclared HazMat Shipments

HAZMAT RESIDUE

In shipping empty drums, pails, and IBCs to container recyclers, are there exceptions or provisions to provide relief in circumstances where residue of a hazardous material is still present? Generally, it must be offered for transportation and transported in the same manner as it was prior to emptying. Exceptions For “Empty” Packagings Containing the Residues of Hazardous Materials

HAZMAT TRAINING

            Clarification was requested regarding recurrent training requirements; in this case, looking at the definitions in §171.8 may satisfy. Do Function-Specific and Recurrent Training Provisions Apply to Registered Inspectors of Cargo Tanks?

HAZARD COMMUNICATION

Here the applicable IMDG Code requirements are examined for a CTU containing a large amount of hazardous materials in addition to an unspecified Limited Quantity shipment. Marking and Placarding a Cargo Transport Unit Containing Packaged Flammable Liquids for Export

IMO UPDATE

Compliance with the IMDG Code 2016 Edition (Amendment 38-16) is now mandatory, and this report contains the dates you need to remember as well as notable amendments incorporated into 38-16. A look ahead to Amendment 39-18 is also provided. Changes to the IMDG Code

COMMENTS ON DOT LETTERS OF INTERPRETATION

 

Comments are provided on recent interpretations from DOT concerning transport of nonspillable batteries by passengers and crew as part of mobility aids under §175.10(a)(18)(iii), and reduced design margin for UN portable tanks. Comments on DOT Interpretations

PHMSA RESPONDS TO JOURNAL QUESTIONS

In a series of over 20 questions, the Journal asks the Pipeline and Hazardous Materials Safety Administration (PHMSA) for insights into new policies, priorities and practices concerning its regulatory program, the status of regulatory reform initiatives, schedules for issuing rules, clarification of PHMSA’s package testing program, and other items of interest to the regulated community.  In this article, PHMSA provides responses to the Journal’s questions. Questions for PHMSA and Responses, page

 

MEETING REPORT FOR 52ND SESSION OF THE UNSCETDG

From November 27 – December 6, 2017, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) held its 52nd session in Geneva, Switzerland. This was the second session of the new biennium. Changes to the UN Model Regulations (UNMR) agreed at all four sessions of this biennium will form the basis for amendments included in the 21st revised edition. Report on 52nd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page

 

READER INQUIRIES: LITHIUM BATTERIES

This article responds to two reader’s questions concerning shipment of AA lithium batteries or cells contained in equipment and shipment of button cell batteries packed with equipment. LITHIUM BATTERIES AND CELLS, page

 

PHMSA’S FY2018 REGULATORY AGENDA

The Federal Government has recently published its semi-annual agenda of government-wide regulatory activities and Federal agencies have published their regulatory priorities and rulemaking schedules.  In this article, we look at the emphasis the administration is placing on reducing regulations; PHMSA’s regulatory priorities, such as issuing an HM-224I interim final rule to align with three emergency amendments to the 2015–2016 ICAO Technical Instructions concerning lithium batteries transported by aircraft, and PHMSA’s schedule for moving forward on other hazmat-related rulemakings.. PHMSA’S HAZMAT RULEMAKINGS IN THE FALL 2017 REGULATORY AGENDA, PAGE

 

DC CONGRESSWOMAN PROPOSES RAIL ROUTING LEGISLATION

Representative Eleanor Holmes Norton (D-DC), recently introduced H.R. 4629, the “Save Our Communities from Risky Trains Act.”  The bill’s introduction was triggered in protest against the U.S. DOT’s decision to rescind PHMSA requirements for the installation and use of Electronically Controlled Pneumatic (ECP) braking systems on “high-hazard flammable unit trains”. “Risky Trains” Routing Legislation Introduced, page

 

IATA DANGEROUS GOODS REGULATIONS

The 59th edition of the International Air Transport Association (IATA) Dangerous Goods Regulations (DGRs) is in effect as of January 1, 2018. This article looks at the relationship of the IATA DGRs with respect to the Hazardous Materials Regulations and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air.  59th IATA DGR – Effective 1 January 2018, page

 

 

USE OF COMMERCIAL MOTOR VEHICLES FOR PERSONAL CONVEYANCE

                The Federal Motor Carrier Safety Administration has proposed changes to hours-of-service regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while “off-duty.” A major change would authorize use of a CMV for personal use even when laden with freight. FMCSA Proposes Changes to HOS Guidance on Use of a Commercial Motor Vehicle for Personal Conveyance, page

 

READER INQUIRIES: IBCS/HAZMAT TRAINING

Readers have requested the Journal’s opinion on a number of questions concerning labeling and marking IBCs, reuse of certain IBCs used for nitric acid, and a hazmat employer’s responsibilities regarding hazmat training. Reader Inquiries: Provisions for IBCs; Hazmat Training, page

 

COMMENTS ON DOT LETTERS OF INTERPRETATION

Comments are provided on recent interpretations from DOT concerning reuse of packagings under 49 CFR 173.12, Closure securement by secondary means for packagings for liquids in air transport, and the definition of aerosol. Comments on DOT Interpretations, page

 

U.S. HAZMAT REPRESENTATION AT ICAO

The issue of whether PHMSA or FAA should lead U.S. policy for air transport of hazardous materials is raised in a new bill, H.R. 4643, recently introduced in the House of Representatives by Rep. Peter DeFazio. Deciding Who Should Lead U.S. Policy for Air Transport of Hazardous Materials, page

 

MEETING REPORT FOR 26TH SESSION OF ICAO DGP

The 26th Session of the International Civil Aviation Organization Dangerous Goods Panel (ICAO DGP) met from October 16-27, 2017, in Montréal, Canada, resulting in proposed revisions to the 2017-2018 edition of the ICAO Technical Instructions (TI) to be included in the 2019-2020 edition.  The report of the DGP may be found on the ICAO website.  To a large extent, the amendments follow amendments to the 19th edition of the UN Model Regulations on the Transport of Dangerous Goods (UNMR). DGP 26 - What’s in store in the 2019-2020 Edition of the ICAO TI, page

In This Issue: January/February 2018

Topics of interest in the January/February 2018 issue of The Journal of HazMat Transportation.

PHMSA RESPONDS TO JOURNAL QUESTIONS

In a series of over 20 questions, the Journal asks the Pipeline and Hazardous Materials Safety Administration (PHMSA) for insights into new policies, priorities and practices concerning its regulatory program, the status of regulatory reform initiatives, schedules for issuing rules, clarification of PHMSA’s package testing program, and other items of interest to the regulated community.  In this article, PHMSA provides responses to the Journal’s questions. Questions for PHMSA and Responses

 

MEETING REPORT FOR 52ND SESSION OF THE UNSCETDG

From November 27 – December 6, 2017, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) held its 52nd session in Geneva, Switzerland. This was the second session of the new biennium. Changes to the UN Model Regulations (UNMR) agreed at all four sessions of this biennium will form the basis for amendments included in the 21st revised edition. Report on 52nd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

 

READER INQUIRIES: LITHIUM BATTERIES

This article responds to two reader’s questions concerning shipment of AA lithium batteries or cells contained in equipment and shipment of button cell batteries packed with equipment. LITHIUM BATTERIES AND CELLS

 

PHMSA’S FY2018 REGULATORY AGENDA

The Federal Government has recently published its semi-annual agenda of government-wide regulatory activities and Federal agencies have published their regulatory priorities and rulemaking schedules.  In this article, we look at the emphasis the administration is placing on reducing regulations; PHMSA’s regulatory priorities, such as issuing an HM-224I interim final rule to align with three emergency amendments to the 2015–2016 ICAO Technical Instructions concerning lithium batteries transported by aircraft, and PHMSA’s schedule for moving forward on other hazmat-related rulemakings. PHMSA’S HAZMAT RULEMAKINGS IN THE FALL 2017 REGULATORY AGENDA

 

DC CONGRESSWOMAN PROPOSES RAIL ROUTING LEGISLATION

Representative Eleanor Holmes Norton (D-DC), recently introduced H.R. 4629, the “Save Our Communities from Risky Trains Act.”  The bill’s introduction was triggered in protest against the U.S. DOT’s decision to rescind PHMSA requirements for the installation and use of Electronically Controlled Pneumatic (ECP) braking systems on “high-hazard flammable unit trains”. “Risky Trains” Routing Legislation Introduced

 

IATA DANGEROUS GOODS REGULATIONS

The 59th edition of the International Air Transport Association (IATA) Dangerous Goods Regulations (DGRs) is in effect as of January 1, 2018. This article looks at the relationship of the IATA DGRs with respect to the Hazardous Materials Regulations and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air.  59th IATA DGR – Effective 1 January 2018

 

USE OF COMMERCIAL MOTOR VEHICLES FOR PERSONAL CONVEYANCE

The Federal Motor Carrier Safety Administration has proposed changes to hours-of-service regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while “off-duty.” A major change would authorize use of a CMV for personal use even when laden with freight. FMCSA Proposes Changes to HOS Guidance on Use of a Commercial Motor Vehicle for Personal Conveyance

 

READER INQUIRIES: IBCS/HAZMAT TRAINING

Readers have requested the Journal’s opinion on a number of questions concerning labeling and marking IBCs, reuse of certain IBCs used for nitric acid, and a hazmat employer’s responsibilities regarding hazmat training. Reader Inquiries: Provisions for IBCs; Hazmat Training

 

COMMENTS ON DOT LETTERS OF INTERPRETATION

Comments are provided on recent interpretations from DOT concerning reuse of packagings under 49 CFR 173.12, Closure securement by secondary means for packagings for liquids in air transport, and the definition of aerosol. Comments on DOT Interpretations

 

U.S. HAZMAT REPRESENTATION AT ICAO 

The issue of whether PHMSA or FAA should lead U.S. policy for air transport of hazardous materials is raised in a new bill, H.R. 4643, recently introduced in the House of Representatives by Rep. Peter DeFazio. Deciding Who Should Lead U.S. Policy for Air Transport of Hazardous Materials

 

MEETING REPORT FOR 26TH SESSION OF ICAO DGP

The 26th Session of the International Civil Aviation Organization Dangerous Goods Panel (ICAO DGP) met from October 16-27, 2017, in Montréal, Canada, resulting in proposed revisions to the 2017-2018 edition of the ICAO Technical Instructions (TI) to be included in the 2019-2020 edition.  The report of the DGP may be found on the ICAO website.  To a large extent, the amendments follow amendments to the 19th edition of the UN Model Regulations on the Transport of Dangerous Goods (UNMR). DGP 26 - What’s in store in the 2019-2020 Edition of the ICAO TI

PHMSA RESPONDS TO JOURNAL QUESTIONS

In a series of over 20 questions, the Journal asks the Pipeline and Hazardous Materials Safety Administration (PHMSA) for insights into new policies, priorities and practices concerning its regulatory program, the status of regulatory reform initiatives, schedules for issuing rules, clarification of PHMSA’s package testing program, and other items of interest to the regulated community.  In this article, PHMSA provides responses to the Journal’s questions. Questions for PHMSA and Responses, page

 

MEETING REPORT FOR 52ND SESSION OF THE UNSCETDG

From November 27 – December 6, 2017, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) held its 52nd session in Geneva, Switzerland. This was the second session of the new biennium. Changes to the UN Model Regulations (UNMR) agreed at all four sessions of this biennium will form the basis for amendments included in the 21st revised edition. Report on 52nd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page

 

READER INQUIRIES: LITHIUM BATTERIES

This article responds to two reader’s questions concerning shipment of AA lithium batteries or cells contained in equipment and shipment of button cell batteries packed with equipment. LITHIUM BATTERIES AND CELLS, page

 

PHMSA’S FY2018 REGULATORY AGENDA

The Federal Government has recently published its semi-annual agenda of government-wide regulatory activities and Federal agencies have published their regulatory priorities and rulemaking schedules.  In this article, we look at the emphasis the administration is placing on reducing regulations; PHMSA’s regulatory priorities, such as issuing an HM-224I interim final rule to align with three emergency amendments to the 2015–2016 ICAO Technical Instructions concerning lithium batteries transported by aircraft, and PHMSA’s schedule for moving forward on other hazmat-related rulemakings.. PHMSA’S HAZMAT RULEMAKINGS IN THE FALL 2017 REGULATORY AGENDA, PAGE

 

DC CONGRESSWOMAN PROPOSES RAIL ROUTING LEGISLATION

Representative Eleanor Holmes Norton (D-DC), recently introduced H.R. 4629, the “Save Our Communities from Risky Trains Act.”  The bill’s introduction was triggered in protest against the U.S. DOT’s decision to rescind PHMSA requirements for the installation and use of Electronically Controlled Pneumatic (ECP) braking systems on “high-hazard flammable unit trains”. “Risky Trains” Routing Legislation Introduced, page

 

IATA DANGEROUS GOODS REGULATIONS

The 59th edition of the International Air Transport Association (IATA) Dangerous Goods Regulations (DGRs) is in effect as of January 1, 2018. This article looks at the relationship of the IATA DGRs with respect to the Hazardous Materials Regulations and the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air.  59th IATA DGR – Effective 1 January 2018, page

 

 

USE OF COMMERCIAL MOTOR VEHICLES FOR PERSONAL CONVEYANCE

                The Federal Motor Carrier Safety Administration has proposed changes to hours-of-service regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while “off-duty.” A major change would authorize use of a CMV for personal use even when laden with freight. FMCSA Proposes Changes to HOS Guidance on Use of a Commercial Motor Vehicle for Personal Conveyance, page

 

READER INQUIRIES: IBCS/HAZMAT TRAINING

Readers have requested the Journal’s opinion on a number of questions concerning labeling and marking IBCs, reuse of certain IBCs used for nitric acid, and a hazmat employer’s responsibilities regarding hazmat training. Reader Inquiries: Provisions for IBCs; Hazmat Training, page

 

COMMENTS ON DOT LETTERS OF INTERPRETATION

Comments are provided on recent interpretations from DOT concerning reuse of packagings under 49 CFR 173.12, Closure securement by secondary means for packagings for liquids in air transport, and the definition of aerosol. Comments on DOT Interpretations, page

 

U.S. HAZMAT REPRESENTATION AT ICAO

The issue of whether PHMSA or FAA should lead U.S. policy for air transport of hazardous materials is raised in a new bill, H.R. 4643, recently introduced in the House of Representatives by Rep. Peter DeFazio. Deciding Who Should Lead U.S. Policy for Air Transport of Hazardous Materials, page

 

MEETING REPORT FOR 26TH SESSION OF ICAO DGP

The 26th Session of the International Civil Aviation Organization Dangerous Goods Panel (ICAO DGP) met from October 16-27, 2017, in Montréal, Canada, resulting in proposed revisions to the 2017-2018 edition of the ICAO Technical Instructions (TI) to be included in the 2019-2020 edition.  The report of the DGP may be found on the ICAO website.  To a large extent, the amendments follow amendments to the 19th edition of the UN Model Regulations on the Transport of Dangerous Goods (UNMR). DGP 26 - What’s in store in the 2019-2020 Edition of the ICAO TI, page

In This Issue: September/October 2017

Topics of interest in the September/October 2017 issue of The Journal of HazMat Transportation.

“USE CAUTION” LETTERS OF INTERPRETATION
PHMSA’s online Code of Federal Regulations (oCFR) provides access to the HMR and links to approximately 5,800 letters of interpretation, many of which are assigned a status of “Use Caution.” In this article, PHMSA responds to questions posed by The Journal concerning this database. PHMSA CLARIFIES STATUS DESIGNATIONS FOR oCFR LETTERS OF INTERPRETATION

CLASSIFICATION OF FLAMMABLE LIQUIDS
In this first of two installments, The Journal conducts a basic review of the physical properties of flammable liquids and their behavior from a hazard perspective. The second installment will examine in some detail the classification of flammable/combustible liquids under the HMR and international regulations. A Tutorial on Flammable Liquids and Their Classification

OHMS BUDGET NOT FINALIZED
PHMSA’s Office of Hazardous Materials Safety (OHMS) is charged with ensuring the safe and secure transportation of hazardous materials in commerce, including aid to prepare emergency responders in the event of a hazardous materials incident. This mission includes rulemaking, issuing special permits and approvals, administering grants, engaging in international forums, compliance assistance, and enforcement, all of which require funds. This article examines the budgeting process in detail and the status of PHMSA’s budget request. Funding PHMSA

33RD SESSION OF THE UNSCEGHS
The United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) met in Geneva on July 10-12 for its 33rd session. This is the first session of the 2017-2018 biennium which will result in the 8th revision to the GHS. This report presents a summary of the discussions and papers from the 33rd session. Report on 33rd Session of the UN GHS Sub-Committee Meeting

REVISION OF THE UN GHS
The Globally Harmonized System of Classification and Labeling of Chemicals (GHS; also known as the “Purple Book”) is updated every two years. This article reviews the major changes in the recently issued 7th revised edition of the GHS, such as revisions to classification criteria for flammable gases, health hazards definitions, and precautionary statements and pictograms. 7th Revision of GHS Is Published

A TRAINER RESPONDS TO HAZMAT-RELATED QUESTIONS
A consultant and trainer presents a series of questions and responses on various hazmat-related subjects such as classification of surface contaminated objects, use of single packagings containing other packagings, UN packagings for explosives and others. Questions & Answers on An Array of HazMat Issues, page 35
READER INQUIRY: PROVIDING ID NUMBER MARKINGS FOR TRANSPORT VEHICLES CONTAINING A BULK PACKAGE
We revisit a reader inquiry concerning who is responsible for providing identification number markings, when the numbers are required to be displayed on a transport vehicle or freight container containing an IBC under § 172.331. The review suggests a need for clarification of the applicable regulations. Identification Numbers On A Transport Unit For A Class 9 Material Excepted From Plazarding

LITHIUM BATTERIES IN THE MAIL
On August 17, 2017 the Postal Service, in Postal Bulletin 22474, published changes to Publication 52, Hazardous, Restricted, and Perishable Mail, to provide new mailing standards for lithium batteries. This article reviews the changes to Publication 52 provisions for lithium batteries which are intended to align with the ICAO Technical Instructions and with changes to the HMR in the PHMSA HM-215N final rule. USPS Revises Mailing Standards for Lithium Batteries

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning notification of hazardous materials requirements at air cargo facilities, applicability of security plan requirements to unloading a cargo tank motor vehicle, and how HMR and ICAO TI requirements apply in the case of a freight forwarder accepting hazmat for the carrier. Comments on DOT Interpretations

HM-218H TRANSITIONAL PROVISIONS
PHMSA issued the HM-218H final rule on June 2, 2016, and has yet to make changes to the final rule to provide for a transition period, or explain conditions that may be applicable to the transition, for revisions to nitric acid packaging and emergency response phone numbers as agreed to in letters to petitioners. This hazmat alert reviews questions raised by the delay in finalizing transitional provisions and concerns with two recent interpretations with regard to use of absorbent material for cushioning nitric acid packagings. Transitional Provisions for HM-218H Requirements for Nitric Acid Packaging and Emergency Phone Numbers

In This Issue: November/December 2017

Topics of interest in the November/December 2017 issue of The Journal of HazMat Transportation.

PHMSA RESPONSE TO EXECUTIVE ORDERS AIMED AT REGULATORY REFORM
Through a series of executive orders, the President has directed agencies to scrutinize their regulations and other agency actions.  This article reviews the Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) response to the President’s directive for regulatory reform. DOT and PHMSA Regulatory Reform in Response to Presidential Executive Orders

PRE-MEETING REPORT FOR 52ND SESSION OF THE UNSCETDG
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. This report reviews the formal proposals (working papers) and informal (INF) papers that will be addressed at the meeting.  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

CLASSIFICATION OF FLAMMABLE LIQUIDS
In the last edition, we looked at some of the properties of flammable liquids and how they affect the flammability hazard.In this edition, we look at the flammable liquid classification criteria and see how the properties of flammable liquids are used (or not used) for classification. Flammable Liquid Classification 

U.S. HAZMAT REPRESENTATION AT ICAO
In response to industry requests, PHMSA was named to lead the U.S. delegation to the Dangerous Goods Panel (DGP) of the International Civil Aviation Organization (ICAO). This article discusses reasons for making the leadership change. U.S. HazMat Representation at ICAO: PHMSA Regains Leadership Position at the Dangerous Goods Panel

DIFFERENCES IN AEROSOL DEFINITIONS
Four organizations have petitioned PHMSA to harmonize the Hazardous Materials Regulations (HMR) definition for aerosols with that of the United Nations Model Regulations. This article discusses the differences in the definitions and the potential impacts of the proposed change. New Petition to Harmonize HMR and International Aerosol Definitions

TRAINING HAZMAT EMPLOYEES: QUESTIONS AND ANSWERS
Questions frequently arise concerning the provisions of the HMR for training hazmat employees and for identifying those employees who are “hazmat employees”. This article reviews PHMSA letters of interpretation intended to clarify training requirements. Looking at Hazmat Training as Addressed in DOT Letters of Interpretations 

FACILITATING DISASTER RESPONSE
In the wake of national disasters, the ability to swiftly obtain necessary authority to recover and transport hazardous materials that may have been compromised or that are critically needed in affected areas is of critical importance. Congress included provisions in the “FAST Act,” to streamline the process by which PHMSA can approve hazmat transportation during national emergencies. Disaster Planning and Response – PHMSA Takes a Lead 

PHMSA RULEMAKING AGENDA
PHMSA recently updated information on those rules it intends to issue in the end of 2017 and the first quarter of 2018, and indicated its intention to issue NPRM HM-215O, the international harmonization rulemaking , in July 2018.  This report summarizes these intended actions.   PHMSA Announces Intentions for Rule Issuance for 2017 and Early 2018

NAS REPORT: SAFELY TRANSPORTING ENERGY PRODUCTS
The National Academies of Science, Engineering and Medicine (NAS) announced a report, Safely Transporting Hazardous Liquids and Gases in a Changing U.S. Energy Landscape, which examines the  long-distance movement of energy liquids and gases within the U.S. by tank cars, pipelines and tank barges, and makes recommendations aimed at reducing the likelihood of future incidents and ensuring the effectiveness of emergency response. NATIONAL ACADEMIES REPORT:  SAFELY TRANSPORTING HAZARDOUS LIQUIDS AND GASES IN A CHANGING U.S. ENERGY LANDSCAPE 

PRE-MEETING REPORT FOR 34TH SESSION OF THE UNSCEGHS
The United Nations Globally Harmonized System of Classification and Labeling of Chemicals Sub-Committee (UNSCEGHS) will meet in Geneva on December 6-8, 2017 for its 34th session and second session of the 2017-2018 biennium which will result in the 8th revision to the GHS. This report summarizes the working papers and informal papers submitted for the meeting at the time of writing. Pre-Meeting Report on 34th Session of the UN GHS Sub-Committee Meeting

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning using “STABILIZED” in a proper shipping name under the HMR versus the IMDG Code, regulation of an article containing less than one gram of a Division 4.3, PG I material, and use of older editions of the Emergency Response Guidebook. Comments on DOT Interpretations

CVSA BULLETIN: DISPLAY OF GHS LABELS ON BULK PACKAGES
The Commercial Vehicle Safety Alliance (CVSA) has issued an Inspection Bulletin (2017-03 – Display of GHS Labels on Bulk Packages) to provide guidance on GHS labels and their display on bulk packages while in transportation.  The guidance is in response to questions that have arisen concerning display of GHS pictograms and labels on bulk packages in transportation. CVSA ISSUES GUIDANCE ON DISPLAY OF GHS LABELS ON BULK PACKAGES

In This Issue: July/August 2017

Topics of interest in the July/August 2017 issue of The Journal of HazMat Transportation.

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) held its 51st session in Geneva, Switzerland. The SCETDG considered 28 working papers in seven general topic areas, and looked at 45 informal papers. This was 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. Report on 51st Session of the UN Sub-Committee Meeting

TRACKING OF SECURITY-SENSITIVE HAZARDOUS MATERIAL
A house bill would remove a statutory limitation on the authority of DHS to issue rules for government controlled tracking of security-sensitive hazardous material (SSHM) shipments transported by motor carrier without first getting approval from Congress. This article suggests that may not be a good idea. Back to the Future – Truck Tracking

TRANSPORT CANADA ISSUES HARMONIZATION UPDATE TO TDG REGULATIONS
Transport Canada has issued significant amendments to the Transportation of Dangerous Goods Regulations focused on harmonizing with international standards and reducing regulatory barriers to US-Canada cross-border trade. Changes include reciprocity provisions for the use and maintenance of pressure vessels and recognition of equivalency certificates and special permits. Transport Canada’s Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)

ARGUMENTS OVER WHO IS TO BE NAMED SHIPPER ON A DANGEROUS GOODS TRANSPORT DOCUMENT
Fearing legal liability over possible failures in transportation, two companies disagree over which is to be named “shipper/consigner” on a transport document. When one company consigns drums of flammable liquid and contracts another company to load and secure the drums, as well as prepare the dangerous goods transport document, who is the shipper for transport by vessel?
Who Is The Offeror For Transport By Vessel? The Performance of HazMat Pre-Transportation and Transportation Functions

READER INQUIRIES
• Transport of Engine Ignition Exciters Containing a Radioactive Material
• International Transport: Package Markings

REPORT ON THE ICAO DGP WORKING GROUP 2017
The 2017 meeting of the Dangerous Goods Panel Working Group of the International Civil Aviation Organization was held April 24-28, 2017, in Montréal, Canada. Recommendations from this meeting and a prior WG meeting in October 2016, will be considered later this year in preparation of the 2019-2020 ICAO Technical Instructions. Report on ICAO Working Group 17

US DOT HAZMAT REPRESENTATION ON THE ICAO DANGEROUS GOODS PANEL
Which modal administration should be entrusted to represent the interests of the United States on the Dangerous Goods Panel at the International Civil Aviation Organization (ICAO-DGP)? This article explores the history and issues, including industry and government concerns. Speaking for You: U.S. HazMat Representation at ICAO

LOOKING AT COMMENTS TO PHMSA ANPRM ON VOLATILITY OF CLASS 3 MATERIALS
An advance notice of proposed rulemaking (ANPRM), issued by PHMSA in January 2017 under docket HM-251D considers the need for revising the Hazardous Materials Regulations to establish vapor pressure limits for unrefined petroleum-based products, and potentially all Class 3 flammable liquid hazardous materials. Commenters voiced strong support and strong opposition to the ANPRM in comments which are reviewed in this article. Update and Summary on HM-251D Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning shipping description for a flammable liquid reclassed as a combustible, packagings qualifying for the “USA” mark, and transport of Zone B TIH in a freight container. Comments on DOT Interpretations