Monday, August 10, 2020
 
     

IN THIS ISSUE – NOVEMBER/DECEMBER 2019

REDUCING AGENCIES’ ABILITY TO ISSUE RULES AND GUIDANCE MATERIALS
The Office of Management and Budget is being empowered to reform the regulatory process and otherwise reduce the footprint of the federal government, primarily through reducing or restricting executive agencies’ ability to promulgate rules. The purpose of two new executive orders, EO 13891 and EO 13892, is to further curb agency influence, reducing agency reliance on guidance documents and reinforcing agencies’ need to regulate industries through the notice and comment rule making process. Executive Orders Reduce Use of Guidance Material in Enforcing Actions

A SPECIAL PERMIT AS A COMPETENT AUTHORITY APPROVAL
In Response to a recent PHMSA interpretation, this article examines the conditions under which a special permit may serve as a competent authority approval. When Does a Special Permit Serve as a Competent Authority Approval?

FIVE-YEAR LIMITS ON PLASTIC PACKAGINGS
Under international standards (UN Model Regulations, etc.) there is a five-year limit on use of plastic non-bulk packagings, under the HMR there is not. This article reviews the issue. Plastic Packagings: Disharmony with Five-Year Limits

REINTERPRETING “TANK CAR FACILITY”
In a recent interpretation, PHMSA removes manufacturers of rail car packaging components from the definition of “tank car facility”, reversing two prior interpretations and eliminating the need for these manufacturers to have an AAR-approved quality assurance program.  PHMSA Issues New Letter of Interpretation: Persons Who Manufacture “packaging components” for Use on Railroad Tank Cars

VENTS ON SMALL PACKAGES
In a previous article vents on drums and IBCs were reviewed.  This article looks at types of vent and considerations for selecting cap venting systems for smaller packages. Venting of Small Packaging Closures, page

FY2020 APPROPRIATIONS UPDATE FOR PHMSA
This report is an update on funding PHMSA’s programs as proposed in current House and Senate bills. HazMat 2020 Fiscal Year Appropriations Update

UNSCETDG 56TH SESSION PRE-MEETING REPORT
The UN Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) will hold its 56th session in Geneva, Switzerland, December 4 - 10, 2019. The agenda will address 33 formal proposals and 12 informal papers, which are summarized in this report.  Changes agreed to during this biennium will result in amendments to the 22nd revised edition of the UN Model Regulations. Pre-Meeting Report (in 3 parts) on Proposals to be Discussed at the 56th Session of the UNSCETDG 

UNSCEGHS 38TH SESSION PRE-MEETING REPORT
The United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) will hold its 38th session in Geneva, Switzerland, December 11-13, 2019. The agenda will address 8 formal proposals and 6 informal papers, which are summarized in this report. Changes agreed to during this biennium will result in amendments to the ninth revised edition of the GHS. Pre-Meeting Report on Proposals to be Discussed at the 38th Session of the UNSCEGHS

MINIMUM TEST PRESSURE FOR HYDRAULIC TESTING
A reader requests help in determining the minimum test pressure allowed for the hydraulic pressure testing of single packagings for liquids.  The author explores the options available under the HMR and international standards. Reader Inquiry: 80kPa Test Pressure

READER INQUIRIES
In response to reader questions, we provide our understanding of

  • whether total quantity is required to be listed by net weight, in addition to gross weight, on the shipping papers for transportation by vessel. Do the HMR require gross weight, net weight or both for transportation by vessel?, page
  • the timeline for completion of recurrent training for hazmat employees. Frequency of recurrent training, page
  • whether hazardous material in a tube, can or bottle can be placed into the inner metal packaging of a tested combination packaging without the need for retesting. Use of Supplemental Inner Receptacles in a UN Specification Combination Packaging

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent PHMSA interpretations concerning Special Provision A99 of the ICAO Technical Instructions and use of different tapes for closing packages. Comments on DOT Interpretations

 

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