Content Pages for Current Issue: January/February 2008

Volume 18, Number 4 January/February 2008

DOT-Approved United Nations Third-Party Packaging Certification Agencies

COMPLIANCE DATES AND RULEMAKING ACTIVITY

Summary of U.S. D.O.T. Rule & Rulemaking Activity

PENALTY VIOLATIONS U.S. DOT
PHMSA CLOSED PENALTY CASES

U.S. DOT INTERPRETATIONS OF THE HMR

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: November and December 2007

Letters sorted, indexed and provided verbatim.

HAZMAT-TIPS

UN DECISIONS

UN Sub-Committee of Experts Meets to Discuss Amendments to the UN
Andy Altemos, Senior Technical Advisor        

 The Thirty-Second Session of the United Nations (UN) Sub-Committee of Experts on the Transport of Dangerous Goods was held in Geneva from 3 to 7 December 2007.  This was the second of four sessions scheduled to be held in the 2007/2008 biennium.  A number of significant issues were discussed.  Although in many cases no final conclusions were reached, some amendments to the UN Recommendations on the Transport of Dangerous Goods (“the UN Recommendations” or “the Model Regulations”) were adopted.  This  report is presented in five parts, by general subject areas such as :  Non-Bulk Packaging, Intermediate Bulk Containers, Portable Tanks, and Packaging Provisions, Classification, Limited Quantities, Gases and Cylinders,  and Other Matters: Dry Ice, Radioactive Materials, Plant Pathogens, and Electronic Data Interchange.
 
HAZMAT SECURITY   

Security Regulations May Affect You: What to Do if You are Considered a Chemical Facility by DHS       
By Glenn Wicks, Esq. and Lindsay McGuire, Esq., The Wicks Group

The events of September 11th drew national attention to the deficiency in American infrastructure security.  Congress responded in various ways, including by authorizing Federal regulation of high-risk chemical facilities for security reasons.  In 2007, the Department of Homeland Security (“DHS”) published the Chemical Facility Anti-Terrorism Standards (“CFATS”) regulations. Under the regulations, any facility that possesses one or more chemicals of interest (“COIs”) must submit relevant information to DHS, through a “Top-Screen” submission, by January 22, 2008 or within sixty days of coming into possession of a COI. In this article The Wicks Group discusses these regulations, and what chemical facilities must do in order to meet requirements set forth by the DHS.

PACKAGE TESTING

Special Report: Vibration Testing of IBCs with Water      

On September 1, 2006, DOT published a notice of proposed Rulemaking under Docket HM-231, a section of which related to a long-standing issue about proper vibration testing of IBCs using a liquid medium. A recent letter of interpretation was issued by DOT, in response to a question about what material must be used for the vibration test. This article discusses this letter, and provides the history behind this issue.

CONFERENCES

PHMSA Weights In On New Hazmat Compliance and Enforcement Initiatives, and Talks About Future Rules and Rulemakings at DGAC Conference        

On November 14th and 15th, 2007, the Dangerous Goods Advisory Council (DGAC) held its 29th annual conference in Santa Fe, New Mexico.  A number of DOT speakers addressed the group, and provided a valuable insight on where the Pipeline and Hazardous Materials Safety Administration (PHMSA)’s objectives rest with today’s hazardous materials program.  Ted Willke, PHMSA’s newly appointed Associate Administrator for Hazardous Materials Safety discussed PHMSA’s overall strategy. Ryan Posten, PHMSA’s enforcement chief picked up the risk-based theme in describing the enforcement program. Scott Gorton, the Transportation Security Administration (TSA)’s rail hazmat security specialist, provided an update of TSA activities, and Bob Richard, PHMSA’s Deputy Associate Administrator, described new rulemaking activities that we can expect.   
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LIMITED QUANTITIES

UN Subcommittee Reported Close to a Decision on Revised Limited Quantities Requirements           
By Frits Wybenga, Senior Technical Advisor

The UN Committee of Experts on the Transport of Dangerous Goods is coming closer to achieving International Harmonization on limited quantity provisions. In this report Frits Wybenga looks at the progress made in harmonization to date, the remaining issues affecting harmonization, problems that various regulations create, UN solutions, implications for US implementation, and specific caveats from a  safety prospective.

DOT FINAL RULES

HM-215I: Harmonization of the 49 CFR regulations with the UN recommendations, the ICAO Technical Instructions and IMDG Code. Where You Need to be Now    
By Gordon Rousseau, Senior Technical Advisor

DOT Docket HM-215I (FR 12/29/06, page 78596), made numerous changes to the Hazardous Materials Regulations.  The vast majority of these changes became effective January 1, 2008.  This article summarizes the docket.  Prepared exclusively for our subscribers, it facilitates and greatly simplifies a last minute “quick scan” review of the changes, with the intention of helping our readers catch possible oversights.  

PACKAGING AUTHORIZATIONS

Concerns With the X Marking of Hazardous Materials Packagings      
By Earl V. Lind, Packaging Advisor

Adopting a general practice to mark DOT specification packagings for the highest packaging performance level allowed in the regulations for any hazardous material, can be a major problem. This problem derives from a general tendency in the shipping community to select “one size fits all” packaging to meet their distribution needs. PHMSA has strengthened its inspection policies and its enforcement. It has determined that the failure rate on X-Marked packagings has been very high.  In this article Mr. Lind explains the history of X-Marking, Packaging assignments in the DOT regulations, how this problem came to be, and why the industry should be concerned

COMMENTS ON DOT INTERPRETATIONS

HAZMAT Packager & Shipper’s Comments on Significant Letters of Interpretation of the HMR

By Andy Altemos, Senior Technical Adviser

Mr. Altemos discusses interpretations recently issued by the U.S. DOT, including:

-Package Description Abbreviations on Shipping Papers: What Does the DOT Consider “Commonly Accepted and Recognizable”? Section 172.202

-How should Dry Ice be properly shipped? Section 173.217 

Copyright 2007 by Packaging Research International, Inc. All Rights Reserved.

HAZMAT Packager & Shipper is published bi-monthly and HazMat Alerts are issued monthly by Packaging Research International, Inc. Subscription inquiries and letters to HAZMAT Packager & Shipper should be directed to Packaging Research International, Inc., P.O. Box 3144, West Chester, PA 19381-3144, tel. 610-436-8292, or fax 610-436-9422. E-mail: publisher1@verizon.net

NOTICE: Reproduction or derivation of content for redistribution via print, electronic, or otherwise, of any part of this publication requires special prior written permission from, and may be subject to fees by, Packaging Research International, Inc.

Reproduction or derivation of content via print, electronic, or otherwise, of any part of this publication or HazMat Alerts without the prior written consent of Packaging Research International, Inc. is strictly prohibited. Electronic redistribution or electronic posting via web methods of HAZMAT Packager & Shipper™, HazMat Alerts,

The HazMat Reference Gateway™, and The HazMat DataBase™ is strictly prohibited. Content is reserved for the sole use of the subscriber by name. However, Content licensing agreements may be available for internal content distribution purposes only. Contact the publisher.

Packaging Research International, Inc. will vigorously enforce its rights provided by United States and International law against all violators.

Information provided in this publication expresses the views, suggestions, opinions, and recommendations of individual contributors and not that of Packaging Research International, Inc. or its Technical Advisers. Packaging Research International, Inc. hereby disclaims responsibility for any statements made or opinions expressed in its publications by individual contributors.

HAZMAT Packager & Shipper provides multiple-subscriber rates to centrally processed orders of three or more subscriptions. For more information, call 877-429-7447.