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Recent Issue Summaries

In This Issue: July/August 2018

Topics of interest in the July/August 2018 issue of The Journal of HazMat Transportation.

RAILROAD CIRCULAR PROPSAL
A 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, Section C, Part III, Specifications for Tank Cars. Certification of Tank Car Facilities

RECORD RETENTION
Mergers and acquisitions are a routine event in business. What guidance or regulations do PHMSA provide covering these transactions from a record retention perspective? A contractual approach is discussed. The Regulatory Obligation of HMR’s Record Retention Requirements After a Merger, Acquisition, or Change in the Company’s Legal Structure

PETITION AND INTERPRETATIONS ON REVERSE LOGISTICS
Following up the Final Rule issued two years ago, what still needs to be clarified or addressed in HM-253? Covered is a petition for reconsideration and letters of interpretation issued since the rule’s publication. Revisiting the HM-253 Reverse Logistics Final Rule

CORRECTED FINAL RULE
PHMSA published corrections and responses to appeals to the HM-218H Miscellaneous Amendments final rule on June 18, 2018. Changes made in the revised final rule and applicable compliance dates are discussed. PHMSA Issues Corrections and Responds to Appeals to the June 2, 2016 HM-218H Miscellaneous Amendments Final Rule

 

PHMSA APPROPRIATIONS
The US has issued its budget request for Financial Year 2019, and PHMSA faces cuts to its discretionary spending, including its Office of Hazardous Materials Safety. Carrots and Sticks – Congress Takes Up PHMSA’s Hazardous Materials Transportation Program FY 2019 Budget Request 

MARINE DG UPDATE
Amendment 39-18 revising the IMDG Code was adopted at the ninety-ninth session of the International Maritime Organization’s (IMO’s) Maritime Safety Committee (MSC), held from May 16 to 25, 2018. IMO Update:  IMDG Code Amendment 39-18 to be Published Soon

SPECIAL PERMITS
Last year, the Federal Motor Carrier Safety Administration posted changes to longer require a Hazardous Materials Safety Permit for anhydrous ammonia in domestic transportation described under the domestic (“D”) entry in the Hazardous Materials Table. FMCSA Changes Hazardous Materials Safety Permit Requirements for Anhydrous Ammonia

SOLUTIONS AND MIXTURES
A reader’s inquiry regarding the proper shipping name for a mixture presents an opportunity to review the regulations and purpose and use of the hazardous materials table. Selection of a Proper Shipping Name:  For a Mixture of a Listed Hazardous Material and One or More Other Materials

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT on the subjects of covered motor vehicles, using different widths of tape, and transporting explosives by ferry. Comments on DOT Interpretations

 

In a sPHMSA BUDGET AND EXPENSES

PHMSA’s Office of Hazardous Materials Safety (OHMS), received appropriations above the President’s FY 2018 budget request with the passing of a funding bill to end the FY 2018 appropriations process. Wrapping up FY 2018 Appropriations, page

 

PACKAGING INQUIRY

Mr. Mazzullo tackles some tough questions regarding the use of drums tested for liquids as packagings for solids. Packaging Solid Materials in Single Packagings Tested for Liquids, page

 

MATERIALS OF TRADE

            Do MOT provisions have bearing on Class 9 materials, particularly those without a packaging group? Materials of Trade and Class 9 Materials, page

 

UN TDG PRE-MEETING

The 53rd session of United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will be held in Geneva, Switzerland, from June 25 – July 4, 2018. Pre-Meeting Report on Proposals to be Discussed at the 53rd Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page

 

PART ONE: NPRM HM-219A

This first of two reports looks at the specific issues regarding packaging as brought up in comments to petitions in the HM-219A notice of proposed rulemaking. A Look at Comments to the HM-219A Petitions for Rulemaking NPRM: Part One: Packaging Issues, page

 

RADIOACTIVE WASTE INTERPRETATION

Using a PHMSA letter of interpretation for his starting point, Mr. Winters focuses on elaborating three of the responses and their ramifications for the packaging or transport of radioactive materials. The Not so Normal NORM: A Look at A PHMSA Letter of Interpretation, page

 

PART TWO: NPRM HM-219A

The second of the two reports covering comments to petitions in the HM-219A notice of proposed rulemaking, this part looks at other issues not including packaging. A Look at Comments to the HM-219A Petitions for Rulemaking NPRM: Part Two: Other Issues, page

 

READER INQUIRY

What is the shared responsibility for performance of offeror functions, particularly in the context of pre-transportation functions? Who gets cited for violations? This report provides illumination. Responsibility for Pre-Transportation Functions, page

 

EUROPEAN ROAD AND RAILWAYS

On March 12-16, 2018, The RID Committee of Experts and the Working Party on the Transport of Dangerous Goods (RID Committee; WP.15) held their Joint Meeting in Bern, Switzerland. Amendments to the RID, ADR, and ADN were discussed for adoption. RID/ADR/ADN Joint Meeting Summary: Spring 2018, page

 

INTERVIEW WITH CGA

A representative of the Compressed Gas Association provides thoughtful answers to questions posed by The Journal of HazMat Transportation, largely on the topic of mutual recognition. The Compressed Gas Association Provides Comments on Global Recognition of UN and Non-UN Pressure Receptacles, page

 

UN GHS PRE-MEETING

The GHS Sub-Committee will meet 2018 for its 35th session and third session of the 2017-2018 biennium in Geneva on July 4-6. Pre-Meeting Report on Papers to be Discussed at the 35th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals, page

 

LITHIUM BATTERIES BY AIR

In April, the US House of Representatives approved a five-year bill to reauthorize the programs of the FAA; this report looks at the subsequent steps to address FAA’s authority to take regulatory action on lithium battery standards. FAA Reauthorization – Lithium Batteries Regulation Debated, page

 

RADIOACTIVE WASTE

Important information is provided regarding a load of NORM-contaminated waste, that is also considered hazardous, and what proper shipping name/basic description to use. Questions and Answers Regarding the Transport of Radioactive Waste, page

 

COMMENTS ON DOT LETTERS OF INTERPRETATION

 

Comments are provided on recent interpretations from DOT on the subject of package markings as well as marking requirements. Comments on DOT Interpretations, pageeries 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