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Recent Issue Summaries

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