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In This Issue: November/December 2014 Issue

A sampling of topics of interest in the November/December 2014 issue of The Journal of HazMat Transportation.

PHMSA’S HM-253 REVERSE LOGISTICS PROPOSED RULEMAKING
This article examines the scope, purposes and provisions of PHMSA’s Reverse Logistics notice of proposed rulemaking and identifies a number of reasons why adoption of this rule as proposed may be a cause for concern. PHMSA’s HM-253 NPRM on Reverse Logistics: Caution Advised

NON-COMPLIANCE AT CHEMICAL FACILITIES THAT SHIP HAZMAT BY RAIL
This report highlights what FRA inspectors are looking for, and the regulatory and safety shortfalls they are finding, during inspections of rail tank car loading and unloading operations at chemical facilities. Recent Shortcomings Observed at Chemical Facilities that Ship by Rail

HM-250 FINAL RULE-ANALYSIS OF CHANGES TO 49 CFR 173.443
This is the second part of a comprehensive review of the HM-250 final rule on radioactive materials. The Contamination Control provisions of 49 CFR 173.443 are analyzed, with identification of areas that may need further clarification by DOT. HM-250 FINAL RULE-A Dissection of the HM-250 Revised 173.443

PHMSA’S FIELD OPERATIONS
This review provides an overview of the Pipeline and Hazardous Materials Safety Administration’s field operations and enforcement approach, including a look at how the agency prioritizes and conducts its enforcement activities. Report from the Field: An Update from PHMSA Field Operations

ICAO DANGEROUS GOODS PANEL WORKING GROUP
The first ICAO Dangerous Goods Panel Working Group of the biennium met from October 20-24, 2014. This article provides a summary of all working documents and informal papers discussed at the meeting, most of which are focused on provisions for the transport of lithium batteries and cells. Report on the October 2014 Meeting of the International Civil Aviation Organization’s Dangerous Goods Panel Working Group

ICAO LITHIUM BATTERY INITIATIVE
An ICAO Working Group on Lithium Batteries recently held a second meeting to discuss issues surrounding transport of lithium batteries by air. The first meeting of the group in February resulted in a decision to prohibit the carriage of lithium metal batteries, UN3090, as cargo on passenger aircraft beginning January 1, 2015. The second meeting, in September, resulted in fourteen recommendations to enhance transport safety. Results of the Second Meeting of the Multi-Disciplinary ICAO Working Group on Lithium Batteries

COMMENTS ON DOT LETTERS OF INTERPRETATIONS
Comments are provided on recent interpretations from DOT addressing flashpoint notation for vessel transport and service life limits for TIH rail tank cars. Of particular note is our review of two recent interpretations issued by DOT concerning use of CLASS 9 labels and placards which may not be identical to the graphic images appearing in the Hazardous Materials Regulations. Comments on DOT Interpretations

IMO UPDATES:
This alert reviews the 2014 edition of the International Maritime Dangerous Goods Code, including Amendment 37-14, which goes into effect for maritime shipments on January 1, 2015 on a voluntary basis and become mandatory January 1, 2016. Also reported is the recent adoption by the Maritime Safety Committee of IMO of an amendment to the Safety of Life at Sea Convention which will require shippers to verify the weight of loaded containers prior to being loaded on a ship. IMO UPDATES: IMDG AMENDMENT 37-14; MSC 94 SOLAS AMENDMENT: CONTAINER WEIGHT VERIFICATION

In This Issue: September/October 2014 Issue

A sampling of topics of interest in the September/October 2014 issue of The Journal of HazMat Transportation.

RAILROAD SAFETY ADVISORY COMMITTEE ACTIVITIES

                This report highlights recent rulemaking activities taken on by the Railroad Safety Advisory Committee (RSAC) and how industry, through RSAC, works alongside Federal officials from the DOT, the National Transportation Safety Board, and others to establish regulations for the safe movement of trains and hazardous materials in North America. Further Reporting on Actions by Federal Railroad’s Railroad Safety Advisory Committee

PHMSA ISSUES HM-215M INTERNATIONAL HARMONIZATION PROPOSED RULE

This article reviews provisions in PHMSA’s latest biennial proposal to revise the Hazardous Materials Regulations (HMR) to harmonize with international regulations. Proposed changes include lithium battery provisions, standardized specifications for markings, labels and placards, revisions of vessel stowage requirements, and many others. HM-215M NPRM: HARMONIZATION WITH INTERNATIONAL STANDARDS

UN PROPOSAL TO REVISE CORROSIVE SUBSTANCE CRITERIA RAISES CONCERNS

The Netherlands has submitted a proposal to revise the UN Model Regulations criteria for classification of corrosive substances. This article presents a number of reasons why adoption of the proposal as written may be cause for concern. Alert on Netherlands UN Proposal to Revise Corrosive Substance Criteria

COMMENTS ON DOT LETTTERS OF INTERPRETATION

                Comments are provided on recent interpretations from DOT addressing transport of empties after an IMDG Code shipment; motor vehicle incident reporting; and portable radiation detectors containing boron trifluoride. Comments on DOT Interpretations

DOT RULEMAKINGS FOR “HIGH HAZARD FLAMMABLE TRAINS”

Two rulemakings address the risks posed by petroleum crude oil and other materials transported in large volume by trains. This alert reviews an NPRM proposing improvements to tank car standards and other safety enhancements, an advance NPRM proposing changes to crude oil spill response planning, and a status report on Operation Classification sampling and analysis. PHMSA Publishes Proposed Rules for High Hazard Flammable Materials Transported by Rail

PHMSA ISSUES NPRM ON SPECIAL PERMITS AND APPROVALS OPERATING PROCEDURES

On August 12, 2014, PHMSA published an NPRM under HM-233E, proposing to include in the HMR the standard operating procedures and criteria used by the agency to evaluate applications for special permits and approvals. This rulemaking responds to a mandate in the Moving Ahead for Progress in the 21st Century Act (MAP-21). Special Permits and Approvals Operating Procedures and Evaluation Process

COMPARING US AND CANADIAN ACTIONS TO IMPROVE RAIL TRANSPORT OF FLAMMABLE LIQUIDS

                US and Canadian regulators are working hard to improve safety for transporting flammable liquids in tank cars. This article looks at proposed and adopted regulations and orders addressed to the risks posed by this transportation and compares the major actions taken by both governments. A Comparison of Recent US and Canadian Regulatory Actions Affecting Rail Transport of Crude Oil and Other Flammable Liquids

REVERSE LOGISTICS

This alert reviews a recent DOT proposed rulemaking to revise the HMR to define “reverse logistics” and add a section containing provisions and broad exceptions applicable to return shipments of certain hazardous materials in the reverse logistics supply chain. PHMSA Publishes HM-253 NPRM on Reverse Logistics

REPORT ON PHMSA'S HM-224F LITHIUM BATTERY FINAL RULE

                This report provides a comprehensive review and analysis of the final rule on lithium batteries issued by PHMSA on August 6, 2014, revising HMR provisions for lithium batteries to align with applicable provisions in the UN Model Regulations, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the IMDG Code.Analysis: Report on PHMSA's HM-224F Lithium Battery Final Rule

In This Issue: May/June 2014 Issue

A sampling of topics of interest in the May/June 2014 issue of The Journal of HazMat Transportation.

MAJOR DEVELOPMENTS IN RAIL TANK CAR SAFETY REGULATIONS
This report reviews the evolution of rail and tank car requirements in the U.S. and Canada and discusses new challenges posed by the exponential growth of ethanol fuel and crude oil rail transport. Overview of Major Developments in Rail Tank Car Safety Regulations in the US and Canada, Since the 1970s, page 18-24

ICAO DGP MEETING ON LITHIUM BATTERIES
This report reviews the April 7-11 meeting of the ICAO Dangerous Goods Panel Working Group on lithium batteries. Decisions from the meeting and anticipated future actions are discussed. Report on the DGP Lithium Battery Special Meeting, page 7-9

PRE-MEETING REPORT ON 45TH SESSION OF UN SCTDG
From June 23 to July 2, 2014, the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCTDG) will meet in Geneva, Switzerland. This report summarizes the sixty-one formal proposals (working papers) and other informal (INF) papers to be addressed. A full report on the proceedings of the 45th session will appear in the July/August 2014 edition. Pre-Meeting Report on Proposals to Be Addressed at the 45th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page 38-44

DOT MAY 7, 2014 EMERGENCY ORDER AND SAFETY NOTICE ON BAKKEN OIL
This report reviews the DOT Emergency Order issued to rail carriers that transport large quantities of petroleum crude oil originating from the Bakken shale formation. It also reviews the FRA and PHMSA jointly issued Safety Advisory to shippers and carriers concerning the selection and use of tank cars for packaging Bakken crude oil. HazMat alert 2014-22 May 8, 2014 DOT Issues another Emergency Order and a Safety Advisory Concerning Bakken Crude Oil, page 15

USE OF A SINGLE PACKAGING AS AN OUTER PACKAGING OF A COMBINATION PACKAGE
This article reviews some of the problems associated with packaging provisions, definitions, and DOT interpretations with regard to use of a single packaging as the outer packaging of a combination package. The Complexity of Package Configurations: Two Case Studies, page 27-31

SECURITY REQUIREMENTS FOR DOT AND TSA—PART 2
This article reviews the security regulations of the Department of Homeland Security’s Transportation Security Administration related to rail security-sensitive hazardous materials. A review of DOT security requirements appeared in the March/April edition. Security Requirements for both DOT and TSA-Part 2, page 32-34

AFPM SURVEY REPORT ON BAKKEN CRUDE OIL
This report reviews the recently released report from the American Fuel & Petroleum Manufacturers (AFPM), entitled A Survey of Bakken Crude Oil Characteristics Assembled for the U.S. Department of Transportation, which examines the characteristics of Bakken crude oil. Report on the Results of the Bakken Crude Oil Analysis, page 16-17

RECENT FMCSA REGULATORY ACTIVITY
Recent rulemaking activities of the Federal Motor Carrier Safety Administration, including notices of proposed rulemakings on prohibiting coercion of commercial motor vehicle drivers and allowing use of electronic documents and signatures, are reviewed in a summary report, and in several HazMat Alerts. Recent FMCSA Regulatory Activity, page 25-26

COMMENTS ON DOT LETTTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT addressing flashpoint testing for classification, consideration of subsidiary risks in security plans, transport off wet batteries with other hazmat and trays used for packaging ORM-D materials. Comments on DOT Interpretations, page 10-14

In This Issue: July/August 2014 Issue

A sampling of topics of interest in the July/August 2014 issue of The Journal of HazMat Transportation.

NON-ACCIDENT RELEASES FROM TANK CARS
This report reviews the incident reporting requirements for non-accident releases (NARs) from tank cars, and how incident data are used by the rail industry and FRA to target causes of NARs and reduce their occurrence, thus reducing injuries from NARs. Reporting of Non-Accident Releases, page 7-8

COMMENTS ON DOT LETTTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT addressing US variations and competent authority approvals for large lithium batteries, the role of the carrier in transloading operations, and conversion of liquid volumes to net mass for air transport. Comments on DOT Interpretations, page 25-29

IMPROVING THE EFFECTIVENESS OF HAZMAT TRAINING
This article describes training methods used for dangerous goods training in the United Kingdom, identifies areas of concern, and provides suggestions for making training more interesting and effective. Dangerous goods training: The Critical Components to an Effective Safety Program, page 14-17

HM-250 FINAL RULE-COMPATIBILITY WITH INTERNATIONAL ATOMIC ENERGY AGENCY REGULATIONS
This article summarizes and comments on a final rule intended to harmonize Class 7 (radioactive) material requirements of the Hazardous Materials Regulations with those of the International Atomic Energy Agency (IAEA). An Exposition on HM-250: Compatibility with the Regulations of the International Atomic Energy Agency, page 36-45

DOT RULEMAKINGS FOR “HIGH HAZARD FLAMMABLE TRAINS”
Two announced DOT rulemakings address the risks posed by petroleum crude oil and other materials transported in large volume by trains (designated as high-hazard flammable trains or “HHFTs”). A notice of proposed rulemaking (NPRM) proposes improvements to tank car standards and other safety enhancements, and an advance NPRM proposes changes to crude oil spill response planning for HHFTs. DOT Announces Proposed Rulemakings for High Hazard Flammable Materials Transported by Rail, page 30

HAZARDOUS MATERIAL TRANSPORTATION SECURITY PLANS
This article reviews the development of security planning requirements in the Hazardous Materials Regulations, the specifics of complying with regulatory requirements, and the potential for enforcement action for violations of the requirements. Understanding the Elements, Application and Importance of Hazardous Material Transportation Security Plans, page 18-21

REPORT ON THE 45TH SESSION OF THE UN SCTDG
From June 23 to July 2, 2014, the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCTDG) met in Geneva, Switzerland. This article summarizes the issues addressed and decisions reached during the proceedings. Report on the 45th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page 9-13

CHANGES TO TRANSPORT CANADA’S TRANSPORT OF DANGEROUS GOODS REGULATIONS
Two recent amendments to the TDG Regulations and a new proposal for further safety enhancements for rail transport are reviewed in this article. The amendments address hazard communication, updates to standards and adoption of new standards for packagings, including rail tank cars. Transport Canada adopts two series of amendments to its TDG regulations and proposes new tank car requirements for pre-consultation, page 31-35

BULK VEHICLES USED FOR EXPLOSIVES
This alert reviews a recent DOT proposed rulemaking to adopt provisions from special permits into the HMR and incorporate by reference an Institute of Makers of Explosives safety standard for the transport of certain explosives and other hazardous materials in specialized bulk packagings. PHMSA Proposes Adoption into HMR of Provisions for Bulk Vehicles Used for Explosives under Special Permits, page 22-23

In This Issue: March/April 2014 Issue

A sampling of topics of interest in the March/April 2014 issue of The Journal of HazMat Transportation.

DOT and TSA Security Requirements
Both DOT and TSA have regulations concerning the security of hazardous materials. This article reviews pertinent security requirements. Security Requirements for both DOT and TSA

ICAO Meeting on Lithium Batteries
ICAO convened a multidisciplinary meeting on lithium batteries in February to discuss a potential ban on the transport of lithium metal batteries on aircraft. This report reviews the discussion and comments on the issues. ICAO Holds Multidisciplinary Meeting on Lithium Batteries

HM-233C Final Rule Adopts Special Permits and Competent Authority Approvals
A recently issued final rule should eliminate the need for a number of special permits and approvals, and provide wider access to the regulatory relief that had been provided through them. PHMSA Issues HM-233C Final Rule to Incorporate Certain Special Permits and Competent Authority Approvals into HMR

PHMSA Authorizes Use of Electronic Shipping Papers in New Special Permit
A precedent-setting special permit, SP 15747, allows UPS to use electronic shipping papers in the transport of hazardous materials. DOT Issues Special Permit Authorizing Electronic Shipping Papers

OSHA Hazard Communication Labeling Interpretations
This article reviews certain interpretations pertaining to compliance with labeling under OSHA’s HCS2012 hazard communication system. HCS2012 implements provisions based on the UN Globally Harmonized System of Classification and Labeling of Chemicals. OSHA Interpretations Provide Guidance for Complying with the Harmonized System of Classification Labeling Requirements

Comments on DOT Interpretations
This month’s review provides comments on recent DOT interpretations concerning the repair of composite IBCs, definition of a friction-type closure, and periodic retesting of combination packagings with different closures on inner packagings. Comments on DOT Interpretations

DOT Emergency Order Imposes Restrictions on Petroleum Crude Oil Shipments
In an emergency order issued February 25 and amended March 6, DOT imposes restrictions on the classification and packaging of petroleum crude oil, which are discussed in this article. DOT Emergency Restriction/Prohibition Order Expanded and Clarified

Shipping Name and Identification Number Markings on IBCs
This article discusses somewhat confusing requirements for marking proper shipping names and identification numbers on intermediate bulk containers. Marking the PSN and UN ID Number on IBCs

HM-247 Cargo Tank Loading/Unloading Rule Withdrawn by PHMSA
PHMSA reassesses the need for rulemaking as proposed in its March 2011 notice and decides to withdraw the rulemaking and pursue non-regulatory alternatives to improve safety of loading and unloading operations. PHMSA Withdraws HM-247 Cargo Tank Motor Vehicle Loading/Unloading NPRM

  • 2014-69 December 16, 2014 ICAO Corrigendum, IATA Guidance, Latest FAA Proposed Penalties

  • 2014-68 December 10, 2014 Report on the 46th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

  • 2014-67 November 24, 2014 Report on the October 2014 Meeting of the International Civil Aviation Organization’s Dangerous Goods Panel Working Group

  • 2014-66 November 21, 2014 IMO Updates: IMDG Amendment 37-14; MSC 94 SOLAS Amendment: Container Weight Verification

  • 2014-65 November 7, 2014 Pre-Meeting Report on Proposals to be Addressed at the 46th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods