What You've Missed... July/August 2013 Issue
As a Subscriber, you would have learned:
Report on the 43rd Session of the UN TDG Subcommittee
The UN Subcommittee of Experts on the Transport of Dangerous Goods (TDG) held its 43rd session in Geneva from June 24 to 28. This is the first of four subcommittee meetings which will be held over a two-year period. Decisions from these meetings will result in publication of the 19th revised edition of the UN Model Regulations and lead to regulatory changes which will go into effect January 1, 2017.
PHMSA Responds to Journal Questions on Closure Instructions
From implementation of HM-181 to present, PHMSA has increasingly focused on closure methods and closure instructions, through both enforcement and regulatory initiatives. In large part, these efforts are intended to reduce closure leaks from non-bulk packages. PHMSA HazMat leaders were asked by the Journal to address a number of questions concerning these initiatives.
Tank Car Design and Safety
This article describes past government/industry efforts to improve the design and safety of DOT Class 112A and 114A tank cars, modern problems related to use of Class 111 tank cars for shipment of ethanol and crude oil, and the current government/industry initiative to improve the design and safety of Class 111 tank cars.
HM-257 Final Rule; Alternative Approval Process for Consumer Fireworks
PHMSA issued an HM-257 final rule on July 16, 2013, which is intended to expedite the approval process for transport of 1.4G consumer fireworks (UN0336). The final rule creates a new type of DOT-approved certification agency, the Fireworks Certification Agency (FCA). These FCAs will provide an optional, alternate agency for manufacturers or designated U.S. agents to submit applications of approval for consumer fireworks.
LPG Odorant Fade Poses Risks
PHMSA has issued a safety alert to warn the public of the risks associated with inadequately odorized liquefied petroleum gases (LPG) and advise shippers and carriers of the recommended procedures to ensure LPG is adequately odorized for all modes of transportation. Odorization is intended to enable the detection, by smell, of unintended releases or leaks of LPG.
Appeals Filed in Response to HM-219 Final Rule
Following issuance of a final rule in March of this year, PHMSA has received appeals related to changes to requirements for packaging certification markings, record retention for packaging manufacturers and testers, and classification and packaging of Division 1.4 smokeless powder.
Safety Advisory on Heating Tank Cars
PHMSA has issued a safety advisory to address the risks posed in heating rail tank cars containing solidified or viscous hazardous materials, in preparation for unloading or transloading. The advisory provides safety precautions and recommended practices for persons responsible for the heating process. It also outlines the applicable regulatory requirements for such operations under PHMSA, OSHA, and EPA regulations and standards.
Comments on PHMSA interpretations
PHMSA's responses to inquiries concerning the domestic transportation of marine pollutants in non-bulk packagings and the use of an overpack when it contains both a fully regulated hazardous material and a Limited Quantity material raise additional questions.
What You've Missed... March/April 2013 Issue
A sampling of what you've missed in the March/April 2013 issue of The Journal of HazMat Transportation...
As a Subscriber, you would have learned:
Third-party packaging testing laboratories issued new approvals
Recently, third-party laboratories authorized by PHMSA to carry out UN performance packaging testing and certification were issued new approvals. The new approvals became effective on the issue date in January with no time given for implementation. Some of the requirements applicable to third-party labs have been changed. The author examines and analyzes the new competent authority approvals and sets forth the implications. Review and Analysis of PHMSA's New Approvals Issued to Third-Party Packaging Certification Agencies
PHMSA HM-219 final rule covering miscellaneous petitions
On March 7, 2013, PHMSA published a final rule in the Federal Register responding to seven petitions for rulemaking to update, clarify or provide relief from certain regulatory requirements. The final rule is effective May 6, 2013. The proposals addressed and the actions taken are covered. PHMSA Publishes HM-219 Final Rule: Miscellaneous Petitions for Rulemaking
A complete overview of PHMSA 2012 rulemaking activities
This review highlights the most important rulemaking activities of 2012 and those issued through March 2013. It also looks ahead to what might be expected for the remainder of 2013. References are added to pertinent HazMat Alerts and articles published in The Journal of HazMat Transportation (JHMT) over this period. [A complete listing of all rulemaking activity tracked by JHMT appears at the end of this issue of JHMT.] Hazardous Materials Transportation Regulatory Review: 2012-2013
New Canadian TDG TP 14877 standard bring developed
Transport Canada held a two-day consultation meeting in Ottawa, Ontario on February 12 and 13, 2013, to review and discuss the contents of a proposed draft Standard, TP 14877, “Containers for Transport of Dangerous Goods by Rail.” After the consultative committee agrees to the standard, Transport Canada plans to publish the proposed standard in Gazette I and II for adoption into the TDG regulations. After adoption by reference in the TDG regulations, the standard will replace standard CGSB 43.147-2005. Transport Canada Considers Adoption of Canadian General Standards Board Rail Car Standards
Record keeping requirements for Type A radioactive material packages
Through the years, RAM packaging rulemakings have been separately published from those for non-radioactive materials. As a result, packaging for radioactive materials is a separate packaging system with requirements that are not applicable to standard UN packagings for other hazardous materials. Type A RAM packaging user’s responsibility for recordkeeping is extensively covered in this article. User Requirements for Radioactive Material Type A Packages
CFATS American Chemistry Council alternative hazmat security plan
Recently the American Chemistry Council published a DHS-approved alternative security plan (ASP) for the Chemical Facility Anti-Terrorism Standards (CFATS) program. This plan will allow high-risk chemical facilities an alternative format for submitting facility information to the DHS Infrastructure Security Compliance Division (ISCD), to allow DHS to evaluate the adequacy of the site security plan. ACC Provides Alternative to DHS Site Security Plan
PHMSA HM-218G final rule and a residues closure notification withdrawal
On March 11, 2013, PHMSA published a final rule in the Federal Register under HM-218G. It corrected and clarified numerous provisions of the HMR. It also incorporated a widely-held special permit for regulated medical waste (RMW). PHMSA Publishes HM-218G Miscellaneous Amendments Final Rule; Withdraws Proposal on Closure Notification for Packages Containing Residues
Sequence for describing the proper shipping name (PSN) and UN number
Does the sequence for describing the PSN and the UN number on a shipping paper differ from the sequence for displaying these marks on a non-bulk package? Do PSN and UN number sequence requirements in the HMR differ from those in international standards, such as the UN Model Regulations and the ICAO Technical Instructions? You will want to be sure and read the author’s answers.
Empty packagings containing a limited quantity residue
Under the exception for empty packagings, a packaging containing the residue of an ORM-D material is excepted from all other requirements of the HMR if it meets the applicable requirements of paragraph (b) of § 173.29. Is there a similar exception for packages containing the residue of a limited quantity material? In light of the recent ORM-D changes, have you searched for this answer? This former DOT Standards Director’s advice may definitely interest you.
What You've Missed... May/June 2013 Issue
A sampling of what you've missed in the May/June 2013 issue of The Journal of HazMat Transportation...
As a Subscriber, you would have learned:
IMO Editorial and Technical Group Meeting Report
The Editorial and Technical Group (E&T) of the International Maritime Organization recently met to begin the task of incorporating the amendments included in the eighteenth revision of the UN Model Regulations into the IMDG Code. The new edition will be known as amendment 37- 14. In addition, the group approved corrections to IMDG Code amendment 36-12. This report is of vital interest to persons concerned with upcoming changes to the IMDG Code.
Recent ICAO Dangerous Goods Panel Working Group Meeting
The ICAO Dangerous Goods Panel held a working group meeting April 15-19, 2013, to continue work on amendments of the ICAO TI to be included in the 2015-2016 edition. Much of what will be included in the ICAO amendments stems from decisions of the UN Subcommittee taken in 2011 and 2012. In addition, Panel members and other participants submitted their own proposals. The article covers the more significant activities and changes
A DOT Focus on Closures Threatens Increasingly Stringent Instruction Requirements
PHMSA appears to want significantly changed closure instruction requirements. The author notes that ease of enforcement should not a justification for new requirements.
GHS Pictograms on Bulk Equipment – Should They Appear?
PHMSA issued a letter of interpretation on April 5, 2013, that should be of real concern. The questioner observed portable tanks containing placarded hazardous materials also bearing GHS pictograms of the same size and adjacent to the hazmat placards. The questioner asks if this is acceptable. PHMSA responded indicating that this is permitted. You will want to read the insightful comments by the article’s author.
PSCI Given an Update on PHMSA’s Performance Packaging Program
A presentation to the Plastic Shipping Container Institute on April 22, 2013, by Anthony Lima provided an update on PHMSA’s performance packaging program. The article summarizes recent and upcoming PHMSA actions pertaining to package manufacture and package testing. Most uniquely, it provides insight into PHMSA’s position on package testing issues.
A DOT Counsel Addresses Some Very Unique Questions Re: His HazMat Law Division
Joseph Solomey, Assistant Chief Counsel for Hazardous Materials Safety Law, discusses issues related to PHMSA’s hazardous materials program, based on questions submitted by the Journal of HazMat Transportation.
PHMSA Publishes HM-258B Revising DOT Opening of Packages Regulations
On May 22, 2013, PHMSA published a notice of proposed rulemaking, HM-258B. This NPRM proposes changes to the regulations for opening of packages by DOT agents adopted under PHM-7, which became effective on March 2, 2011. The NPRM responds to certain mandates arising from HMTSIA 2012 which became law on July 6, 2012, under the Moving Ahead for Progress in the 21st Century Act (MAP–21). Specifically, Section 33009 of HMTSIA amends Section 5121 (Administrative) of the Federal Hazardous Materials Transportation Law. The article summarizes these changes
DOT Issues Emergency Recall Order No. 2013-02 and Terminates 3 Special Permits
On May 24, 2013, PHMSA issued Emergency Recall Order No. 2013-02. The emergency recall order mandates a recall of all cylinders manufactured by The Lite Cylinder Company, Inc. and marked as authorized under DOT special permits 14562, 13957 and 13105. PHMSA terminated cylinder requalification approval H706 and manufacturer’s registration number approval M5729. Effective immediately, the recall order will require the removal from service of more than 55,000 two-piece fully wrapped fiber composite cylinders. These cylinders are largely in liquefied petroleum gas service.
NRC NPRM Amending RAM Requirements in 10 CFR 71
On May 16, 2013, the NRC published an NPRM amending radioactive material requirements in 10 CFR 71. This NPRM is in combination with the August 12, 2011, NPRM published by PHMSA to harmonize the domestic Class 7 regulations to the 2009 IAEA Regulations.
President’s FY 2014 Budget for PHMSA HazMat Programs – User Fees
The President’s FY 2014 budget request was released on April 10, 2013. For PHMSA’s Hazardous Materials Safety program, the budget request proposes a gross budget authority of $51.8 million. This amount is $9.2 million more than budget authority for FY 2013. The FY 2014 budget request for the PHMSA hazmat safety program once again includes user fees for special permits and approvals.
What You've Missed... January/February 2013 Issue
A sampling of what you've missed in the January/February 2013 issue of HAZMAT Packager & Shipper...
As a Subscriber, you would have learned ....
Latest HMR alignments with most recent ICAO TI and IMDG Code changes.
On January 7, 2013, PHMSA’s HM-215L Final Rule was published in the Federal Register. This rulemaking is intended to align the requirements in the HMR with the 2013 – 2014 ICAO Technical Instructions (IATA DGR 54th edition) and the IMDG Code incorporating amendment 36 -12. The changes are largely based on changes introduced in the 17th revised edition of the UN Model Regulations and modal specific changes introduced into the ICAO TI and the IMDG Code. The article clarifies the various effective dates. PHMSA Issues International Harmonization Final Rule: HM-215L.
TDG Canada Regulatory Updates - Proposed Amendment to Part 4, Safety Marks
On December 1, 2012, Transport Canada’s TDG Directorate proposed to amend Part 4 (Dangerous Goods Safety Marks) of the Transportation of Dangerous Goods Regulations. The proposed regulations appear in the Canada Gazette Part I, Vol. 146, No. 48. The proposed amendments are highlighted. Comments are requested, in writing on or before February 14, 2013. TDG Proposed Amendment to Part 4, Dangerous Goods Safety Marks.
TDG Canada Regulatory Updates - Amendment 11 to the TDG Regulations
On December 5, 2012, Transport Canada published Amendment 11 to the TDG Regulations in the Canada Gazette (Part II, Vol. 146, No. 25). Amendment 11 is in force as of December 5, 2012. However, a six month transition period is provided. Amendment 11 to the TDG Regulations.
PHMSA HM-215K, HM-244E and HM-231 response to appeals
On January 7, 2013, PHMSA responded to nine administrative appeals addressed to provisions in final rules issued under Docket HM-215K, International Harmonization, and under Docket HM-231, Miscellaneous Packaging Amendments. The final rule also addresses recent changes to Part 8 of the ICAO TI pertaining to battery-powered wheelchairs and other mobility aids, an extension of a compliance date for certain requirements for notification to passengers of hazardous materials restrictions, and a reversal of a change made to § 178.601 in HM-244E. PHMSA Issues Final Rule on Appeals to HM-215K and HM-231, and amends HM-244E.
Extent of carrier responsibility to ensure a shipment’s regulatory compliance
The author reviews a recent PHMSA interpretation letter examining to what extent a carrier might be responsible to ensure that an offered material is being transported in accordance with the regulations. Generally, DOT does not hold a carrier responsible for duties performed by the shipper. For example, a carrier would not be expected to confirm detailed compliance with UN performance packaging requirements provided a UN packaging mark appeared on the package and there was no apparent leakage or damage to the package. But what about when the carrier had “constructive knowledge” that a shipment was out of compliance? PHMSA frequently uses this term in enforcement cases. The view here is that building from all the information available, if the carrier can ascertain the shipment is not in compliance, the carrier has the obligation to reject the shipment. Carrier Responsibility to Ensure an Offered Material Is Transported in Accordance with the Regulations.
Size and orientation of the LQ Mark
There have been several PHMSA interpretation letters about the correct size of, and orientations of the LQ mark. Different package configurations present different challenges to endeavor to assure that one is in compliance with the HMR. The author highlights a couple of important and responsive DOT letters on these subjects. Comments on DOT Interpretations: Size and orientation of the LQ Mark
What hazard communication may appear on a limited quantity package?
There seems to be a lot of confusion about hazard communication on limited quantity packages. As noted in the UN summary in this edition of the Journal, the confusion appears to be prevalent worldwide to the point where the UN Subcommittee adopted some text for the UN Model Regulations to clarify certain aspects of this issue. The relevant regulations are in 49 CFR 172.303, identifying prohibited marking, and in 49 CFR 172.401, identifying prohibited labeling. The principle behind both requirements is that you are prohibited from marking and labeling that is not representative of the contents. Read the author’s insightful comments. Comments on DOT Interpretations: Hazard Communication on Limited Quantity Packages.