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Current Issue

The Journal of HazMat Transportation

A Publication of PRI International, Inc.


Volume 29, Number 2 July/August 2018


In This Issue

From the President’s Desk    

PHMSA Penalties: May and June      

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

Rule and Rulemaking Summary


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 May and June 2018.

  • Carriage of a Special Permit on a Motor Vehicle17
  • Smart Luggage19
  • Carriage of Conducted Electrical Weapons Aboard Passenger21
  • Applicability of CDL Hazmat Endorsement to Transport of Class 929
  • Nonspec Cargo Tank33
  • Carriage of Smokeless Powder by a Ferry Passenger35



Carrots and Sticks – Congress Takes Up PHMSA’s Hazardous Materials Transportation Program FY 2019 Budget Request  
By Cynthia Hilton, Legislative Advisor

The Financial Year 2019 Budget Request proposes to cut the discretionary spending of PHMSA as well as PHMSA’s Office of Hazardous Materials Safety. This report takes a look at the reported legislation from the House and Senate Appropriations Committees and provides snapshots of the funding proposed.



PHMSA Issues Corrections and Responds to Appeals to the June 2, 2016 HM-218H Miscellaneous Amendments Final Rule
By Ed Mazzullo, Senior Technical Advisor

Mr. Mazzullo revisits and examines PHMSA’s revised final rule which extends the effective date of changes to nitric acid packaging and requirements for emergency response telephone numbers, clarifies requirements for absorbent material in the enhanced packaging provisions for nitric acid, clarifies retest provisions for certain MC 331 cargo tanks in dedicated propane service and corrects a number of errors in the original final rule.



Selection of a Proper Shipping Name: For a Mixture of a Listed Hazardous Material and One or More Other Materials  
By Ed Mazzullo, Senior Technical Advisor

How does one select a proper shipping name for a hazardous material? An inquiry from a reader presents an unclear situation. Mr. Mazzullo examines the requirements for the material in question as well as relevant regulations on the purpose and use of hazardous materials table.



IMO Update: IMDG Code Amendment 39-18 to be Published Soon    
By Ed Mazzullo, Technical Advisor

This report covers the most recent ninety-ninth session of the International Maritime Organization’s (IMO’s) Maritime Safety Committee (MSC), held from May 16 to 25, 2018. Discussed are changes to the IMDG Code (Amendment 39-18).



FMCSA Changes Hazardous Materials Safety Permit Requirements for Anhydrous Ammonia  
By Ed Mazzullo, Technical Advisor 

A Hazardous Materials Safety Permit is no longer required for anhydrous ammonia in domestic transportation described under the domestic (“D”) entry in the Hazardous Materials Table as UN1005, Ammonia, anhydrous, 2.2, Inhalation Hazard, pursuant to changes posted by FMCSA in August 2017. This report takes a look at what conditions a permit may still be required, as well as the requirements for removing oneself from the permit program.



Certification of Tank Car Facilities
By James H. Rader, VP, Greenbrier Regulatory Services

A circular letter from the Association of American Railroads proposes to revise certain definitions and facility certification requirements contained within the AAR’s Manual of Standards and Recommended Practices. This report takes an in-depth review of the federal requirements with respect to AAR Approvals and the ramifications of implementing the proposed changes.


Revisiting the HM-253 Reverse Logistics Final Rule 
By Ed Mazzullo, Technical Advisor

The final rule HM-253 revised the HMR applicable to return shipments of certain hazardous materials in the reverse logistics supply chain by adding a definition for “reverse logistics” to the HMR in § 171.8 and a new section (§ 173.157) containing broad exceptions for materials. Here Mr. Mazzullo takes a look at the final rule in the context of a petition for reconsideration as well as PHMSA letters of interpretation on the subject.



The Regulatory Obligation of HMR’s Record Retention Requirements After a Merger, Acquisition, or Change in the Company’s Legal Structure  
By Marina Veljanovska O’Brien and Roncevert Almond; The Wicks Group PLLC

Mergers and acquisitions are common events in business, yet little or no guidance is provided in the HMR regarding record retention requirements in cases of merger or acquisition transactions. Using the HMR’s record retention requirements as an example, the Wicks Group takes a deep look at the regulatory obligation of companies going through a merger or acquisition transaction, and examines a contractual approach to handling that obligation.



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

  • Use of different tape in closing a UN packaging
  • Special Provision B69, Covered Motor Vehicle
  • Transport of smokeless powder by ferry vessel


U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: May and June 2018. 18 letters sorted, indexed and provided verbatim.

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