Ocean Archive

11/06/02 - RSPA Updates Shipping Paper Retention Requirement (HM-207B)
09/30/02 - Registration Info - HM208E
09/06/02 - Revision to Standards for Infectious Substances (HM-226)
09/06/02 - Enhanced Security Requirements for Hazmat (HM-232A)
08/16/02 - Revision to Standards for Infectious Substances; HM-226
07/23/02 - Shippers and Carriers must Retain a Copy of Shipping Paper for 375 days
05/06/02 - RSPA Proposes To Modify 49 CFR In Order to Harmonize With International Standards
05/06/02 - RSPA Proposes Added Security Measures (HM-232)
04/10/02 - HM-224C - Lithium Batteries
04/10/02 - Final Rule HM-215D (Corrections and Amendments)
12/17/01 - IMO Published 4th Ammendment to the IMDG Code
10/09/01 - RSPA Cancels Public Hearing For Loading & Unloading Proposals
10/09/01 - Shipping Paper Retention Proposed
09/04/01 - Exceptions from Labeling and Placarding Materials Poisonous by Inhalation (PIH)
09/01/01 - Minor Editorial  Corrections to 49 CFR
08/06/01 - RSPA Extends Public Comment Period for HM-223
06/27/01 - RSPA Finalizes HM-215D
06/14/01 - Loading, Unloading and Storage of Hazardous Materials
05/04/01 - Update on Temporary Reduction of Registration Fees
04/12/01 - IMO Issues 3rd Change to the IMDG Code
03/05/01 - Final Rule HM-215D IMDG, UN Orange Book and ICAO
03/01/01 - RSPA Proposes New Rule Affecting Infectious Substances, Micro Organisms, Diagnostic Specimens, Biological Products and Others
03/01/01 -  IMO Releases Third Correction to Amendment 30 of the IMDG Code
12/21/01 - Temporary Reduction of Registration Fees - Proposed
10/25/00 - RSPA-2000-7702 (HM-215D); TITLE: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Notice of proposed rulemaking (NPRM); Published 10/23/2000; 65 FR 63293
09/14/00 - Safety Advisory Notice  00-10
08/18/00 - RSPA Releases Final Rule HM-218
08/15/00 - UN Sub-Committee of Experts Releases Results From 18th Session
07/05/00 - Amendment 30 Adopted
05/22/00 - RSPA-97-2718 (HM-225A); Hazardous Materials Safety: Technology Sharing Meeting; Notice of Public Meeting
05/08/00 - The Research And Special Programs Adminstration (RPSA) Issues Safety Advisory Notice 00-04
03/22/00 - Reformatted IMDG, Amendment 30 on its Way
02/14/00 - HM-208C - Hazardous Materials Transportation Registration and Fee Assessment Program; Final Rule, Effective May 1, 2000; Published Feb 14, 2000
01/24/00 - UN Subcommittee of Experts Meet for 17th Session
12/17/99 - Safety Advisory: DOT 3AL Cylinders in Carbon Dioxide Service; Manufacturer Product Recall
12/17/99 - Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders
12/09/99 - China Imposes Restrictions on Solid Wood Packing Materials China Imposes Restrictions on Solid Wood Packing Materials
10/20/99 - Safety Advisory: High Pressure Aluminum Seamless & Aluminum Composite Hoop-Wrapped Cylinders Safety Advisory: High Pressure Aluminum Seamless & Aluminum Composite Hoop-Wrapped Cylinders
10/04/99 - Miscellaneous Amendments - Notice of Proposed Rulemaking - HM218
10/01/99 - Editorial Corrections and Clarifications - Final Rule HM189P
10/01/99 - Torches in Toolboxes Don't Fly - FAA Warning Notice
09/28/99 - Harmonization with the United Nations Recommendations - HM215C
09/23/99 - Changes in PIH Labeling Manadatory Compliance Dates - Final Rule HM206D
07/23/99 - Transporting and Unloading of Liquified Compressed Gases (Chlorine) - HM225A
12/1699 - Federal Register. October 29, 1998
10/04/99 - Summation of Changes to the IMDG Code 29/98

PHMSA Proposes to Adopt UN Standards For Cylinders

PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to adopt standards for the design, construction, maintenance and

use of cylinders and multiple-element gas containers (MEGCs) based on the standards contained in the United Nations (UN) Recommendations on

the Transport of Dangerous Goods. Aligning the HMR with the UN Recommendations will promote flexibility, permit the use of

technological advances for the manufacture of pressure receptacles, provide for a broader selection of pressure receptacles, reduce the

need for exemptions, and facilitate international commerce in the transportation of compressed gases.

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-3859.htm

Coast Guard reminds maritime community of approaching security deadline

Summary: WASHINGTON – The U.S. Coast Guard reminds members of the maritime community that security plans for vessels and facilities affected by the Maritime Transportation Security Act of 2002 are due to the Coast Guard by the end of this month, and warns that it may impose civil penalties for not complying with the requirement. The Coast Guard estimates that 10,000 U.S. flag vessels, 5,000 facilities and 50 outer continental shelf facilities are required to submit security plans by December 31, as detailed in rules published on July 1. Starting January 1, 2004, the Coast Guard will begin enforcing the security plan submission requirement. Failure to submit a plan is a violation of the MTSA rules and may result in a civil penalty of up to $25,000 per violation against the owner or operator of the vessel or facility. After July 1, 2004, non-compliant operators may have their operation shut down until an approved security plan is in place.

For Complete Info: http://www.piersystem.com/external/index.cfm?cid=21&fuseaction=EXTERNAL.docview&pressID=26715

Regulations for the Safe Transport of Radioactive Material (TS-R-1); Public Meeting

RSPA will conduct a public meeting pertaining to the proposed changes to the International Atomic Energy Agency's (IAEA) Regulations for the Safe Transport of Radioactive Materials, TS-R-1, scheduled for
revision in the year 2005. Interested persons are invited to attend.

DATES: Public meeting. The public meeting will be held on November 5, 2003 from 9:30 a.m. to 11 a.m.

ADDRESSES: Public meeting. The meeting will be held at Department of Transportation Headquarters, Nassif Building, 400 Seventh Street, SW., Washington, DC 20590-0001, in room 8236-8240.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-25895.htm

RSPA Makes Corrections and Clarifications HM-189V

Summary: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce
misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.
DATES: Effective date: October 1, 2003.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-24814.htm

Home Land Security & Coast Guard Establish Regulated Navigation Areas

Summary: The Coast Guard is establishing a regulated navigation area (RNA) within all inland rivers of the Eighth Coast Guard District. This RNA applies to towing vessel operators and fleeting area managers who are responsible for the movement of barges carrying certain dangerous cargoes on inland rivers and requires them to report their position and other information to the Inland River Vessel Movement Center (IRVMC). This action is necessary to ensure public safety, prevent sabotage or terrorist acts, and facilitate the efforts of emergency services and law enforcement officers responding to terrorist attacks. Safety Zones and Regulated Navigation Areas are being established around the country.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-25165.htm

RSPA Extends Compliance Date For Inspection of Cylinders HM-220D

Summary: RSPA is extending the compliance date of the regulations contained in 49 CFR 107.805(f) and 180.209(g) of the Hazardous Materials Regulations that require persons who perform visual requalification of DOT specification cylinders to obtain approval from RSPA and to mark the requalifier identification number assigned by RSPA on cylinders successfully requalified after September 30, 2003. This September 30, 2003 date is extended to May 31, 2004.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-24354.htm

RSPA Proposes To Revise Standards For Aluminum Cylinders HM-220F

Summary: RSPA proposes to amend requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) pertaining to aluminum cylinders manufactured using aluminum alloy 6351-T6. The purpose of this rulemaking initiative is to enhance safety, minimize the potential for personal injury and property damage during the cylinder filling process, and adopt a standard for early detection of sustained load cracking (SLC) to reduce the risk of a cylinder rupture.

For Complete Info: http://hazmat.dot.gov/rules/68fr-53314.htm

Hazardous Materials Regulations: Penalty Guidelines and Other Procedural Regulations AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: In this final rule, we (RSPA) are increasing to $32,500 and $275, respectively, the maximum and minimum civil penalties for a knowing violation of Federal hazardous materials transportation law or a regulation issued under that law. We are publishing revised baseline assessments for frequently cited violations to provide the regulated community and the general public with more current information on RSPA's hazardous material penalty assessment process. The revisions to RSPA's baseline penalty assessments consider the increase in the maximum civil penalty to $32,500. We are also advising the public that, in proposing or assessing a civil penalty, we will not normally consider a prior violation in a case that was initiated in a calendar year more than six years prior to the year in which the current proceeding is initiated. In addition, we are updating the address to which civil penalty payments must be sent, and we are making editorial changes to our procedural regulations for issuing an administrative determination of preemption. EFFECTIVE DATE: This rule is effective on September 30, 2003. FOR FURTHER INFORMATION CONTACT: John J. O'Connell, Jr., Office of Hazardous Materials Enforcement, (202) 366-4700; or Frazer C. Hilder, Office of the Chief Counsel, (202) 366-4400, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-22569.htm

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: RSPA proposes to amend requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) pertaining to aluminum cylinders manufactured using aluminum alloy 6351-T6. The purpose of this rulemaking initiative is to enhance safety, minimize the potential for personal injury and property damage during the cylinder filling process, and adopt a standard for early detection of sustained load cracking (SLC) to reduce the risk of a cylinder rupture. DATES: Comments must be received by November 10, 2003.

For complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-22808.htm

Delivery of Explosive Materials by Common or Contract Carrier

AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of Justice.

ACTION: Interim final rule with request for comments.

SUMMARY: The Department of Justice is amending current regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to remove the requirement that common or contract carriers taking possession of explosive materials for delivery to a licensee or permittee complete ATF Form 5400.8 (Explosives Delivery Record) prior to taking possession of explosive materials, regardless of whether they are hired by the distributor or by the distributee. ATF believes that this requirement is unduly burdensome and unnecessary. Furthermore, ATF does not believe that the elimination of this form will result in diversion of explosive materials to criminal or terrorist use. ATF will continue to require distributors of explosive materials to verify the identity of persons accepting possession of explosive materials for common or contract carriers, and will require distributors to record the name of the common or contract carrier and the full name of the driver in their permanent records. The interim rule will remain in effect until superseded by final regulations. DATES: Effective date: This interim rule is effective September 11, 2003. Comment date: Comments must be submitted on or before October 14, 2003.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-23093.htm

UN Discussing Excepted Quantities, Limited Quantities and Consumer Commodities

Summary: At the 22nd session, the United Nations Committee of Experts for the Transport of Dangerous Goods and the
Globally Harmonised System agreed that a working group should consider the issue of Limited Quantities in
accordance with terms of reference that are attached to this report. (attachment 1) The Limited Quantities Working Group met in Paris, 25-27 June 2003, with participation by organisations and people as listed in attachment 2. This document is a summary of the discussions of the working group. It commenced by considering the issues raised in the thought starter document LQWG.doc.2003/03 from the UK (attachment 3). Some key initial reactions to the draft text are presented below. Industry wants to move materials seamlessly across modes. They find the excepted quantities provisions in ICAO useful and want the provisions extended to all modes. Without these provisions being accepted in Europe goods arriving in Europe by air as excepted quantities may have no documentation, and hence have difficulty complying with RID/ADR.

For Complete Info: http://www.unece.org/trans/doc/2003/ac10c3/UN-SCETDG-23-inf30e.pdf

IMO Recommends Security Procedures and Training MSC/Cir 1097

Summary: The IMO's Working Maritime Security Group has outlined security and security training procedures for specific aspects to inhance maritime security.

In addition, the IMO recommended that an International Ship Security Certificate be issued only when the ship has complied with ISPS standards which would include training for the ship and crew.

It's anticipated that States would further develope and implement further standards after July 1, 2004.

To read, download or print go to: http://www.imo.org/includes/blastDataOnly.asp/data_id%3D7624/1097.pdf

RSPA Solicits Info To Update The 2004 Emergency Response GuideBook

Summary: RSPA developed the Emergency Response Guidebook (ERG) for use by emergency services personnel to provide guidance for initial response to hazardous materials incidents. Since 1980, it has been our goal for all public emergency response vehicles, including fire fighting, police, and rescue squad vehicles, to carry a copy of the ERG. To accomplish this, we have published seven editions of the ERG and have distributed over seven million copies to emergency services agencies, without charge.
 

The ERG2004 is being jointly developed by RSPA, Transport Canada, and the Secretary of Communication and Transport of Mexico. ERG2004 will supersede ERG2000 and will be published in English, French, and
Spanish for use by emergency response personnel. Publication of ERG2004 will facilitate the safe transport of hazardous materials through North America and increase public safety by providing consistent emergency response procedures for hazardous materials incidents in North America. In order to continually improve the ERG, RSPA actively solicits comments from interested parties, especially those who have experience using the ERG2000 during hazardous materials incidents.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-21328.htm

Enhancing Maritime Security

Summary: A new, comprehensive security regime for international shipping is set to enter into force in July 2004 following the adoption by a week-long Diplomatic Conference of a series of measures to strengthen maritime security and prevent and suppress acts of terrorism against shipping. The Conference, held at the London headquarters of the International Maritime Organization (IMO) from 9 to 13 December, was of crucial significance not only to the international maritime community but the world community as a whole, given the pivotal role shipping plays in the conduct of world trade. The measures represent the culmination of just over a year's intense work by IMO's Maritime Safety Committee and its Intersessional Working Group on Maritime Security since the terrorist atrocities in the United States in September 2001.

For Complete Info: http://www.imo.org/Newsroom/mainframe.asp?topic_id=582

Hazardous Materials; Miscellaneous Amendments HM-218B

Summary: This final rule will primarily reduce regulatory burdens on industry by incorporating changes into the Hazardous Materials Regulations (HMR) based on RSPA's own initiatives and petitions for rulemaking submitted in accordance with 49 CFR 106.95. In a continuing effort to review the HMR for necessary revisions, RSPA (``we'' and ``us'') is eliminating, revising, clarifying and relaxing regulatory requirements. On January 21, 2003, RSPA published a Notice of Proposed Rulemaking (NPRM) under Docket RSPA-02-13773 (HM-218B; 68 FR 2734). The NPRM contained information concerning each proposal and invited public comment. Readers should refer to the NPRM for additional background discussion.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-20508.htm

RSPA Solicitating Public Comment On The Transport Of Radioactive Materials

Summary: RSPA will conduct a public meeting and accept written comments pertaining to 63 proposed changes to the International Atomic Energy Agency's (IAEA) Regulations for the Safe Transport of Radioactive Materials, TS-R-1, scheduled for revision in the year 2005. Interested persons are invited to attend.

Comments must be received by August 8, 2003.The purpose of this meeting is to receive public comments on the transport regulation changes proposed by the International Atomic Energy Agency (IAEA) as part of its ongoing regulatory review process. These comments will be used to develop U.S. positions on the 63 proposed changes for the IAEA regulatory review meeting scheduled for November 10-14, 2003, in Bonn, Germany. The public is invited to attend without prior notification. Due to heightened security measures at DOT Headquarters, participants are encouraged to arrive early to allow time to undergo the security checks necessary to obtain access to the
building.

For Complete Info: http://hazmat.dot.gov/rules/68fr-34695.htm

Harmonization With the United Nations Recommendations HM-215E

Summary: RPSA is amending the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations
on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-19016.htm

Customs Proposes Advance Information of Imported Cargo

Summary: This document proposes to amend the Customs Regulations to provide that Customs and Border Protection (CBP) must receive, by way of a CBP-approved electronic data interchange system, information pertaining to cargo before the cargo is either brought into or sent from the United States by any mode of commercial transportation (sea, air, rail or truck). The cargo information required is that which is reasonably necessary to enable high-risk shipments to be identified so as to prevent smuggling and ensure cargo safety and security pursuant to the laws enforced and administered by CBP. The proposed regulations are specifically intended to implement the provisions of section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002.

For Complete Info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-18558.htm

Hazardous Materials: Changes to the Hazard Communication Requirements, Including Revision of Design of Labels and Placards for Materials Poisonous by Inhalation (PIH)

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: RSPA is proposing changes to the hazard communication requirements of the Hazardous Materials Regulations (HMR), including revisions of the specifications for labels and placards, based on petitions for rulemaking, requests for clarification, and our own belief that clarifications and improvements in the HMR may be appropriate. The effect of the proposed regulatory changes would be to improve safety of emergency responders and the public, and of offerors
and transporters of hazardous materials.

DATES: Comments must be submitted on or before August 11, 2003. To the extent possible, we will accept late-filed comments as we develop a final rule.

For Complete Info: http://hazmat.dot.gov/rules/68fr-34880.htm

Importation of Solid Wood Packing Material

Summary: The UDSA is proposing to amend the regulations for the importation of unmanufactured wood articles to adopt an international standard entitled ``Guidelines for Regulating Wood Packaging Material in International Trade'' that was approved by the Interim Commission on Phytosanitary Measures of the International Plant Protection Convention on March 15, 2002. The standard calls for wood packaging material to be either heat treated or fumigated with methyl bromide, in accordance with the Guidelines, and marked with an approved international mark certifying treatment. We propose to adopt the IPPC Guidelines because they represent the current international standard determined to be necessary and effective for controlling pests in wood packaging material used in global trade, and because current United States requirements for wood packaging material are not fully effective, as shown by analyses of pest interceptions at ports that show an increase in pests associated with wo!
od packaging material. This increase in pests was found in wood packaging material that does not meet the IPPC Guidelines (e.g., wood packaging material from everywhere except China, which must already be treated due to past pest interceptions). There has been a decrease in pests associated with wood packaging material from China since we began requiring that material be treated prior to importation. This change would affect all persons using wood packaging material in connection with importing goods into the United States. DATES: We will consider all comments that we receive on or before July 21, 2003. We will also consider comments made at public hearings to be held in Seattle, WA, on June 23, 2003; Long Beach, CA, on June 25, 2003; and Washington, DC, on June 27, 2003

For Complete info: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-12503.htm

DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2003-14471] National Maritime Security Advisory Committee; Vacancies AGENCY: Coast Guard, DHS.
ACTION: Notice of committee establishment and request for applications.

SUMMARY: Under the Federal Advisory Committee Act, the Secretary of Homeland Security is establishing the National Maritime Security Advisory Committee (NMSAC) pursuant to the Maritime Transportation Security Act of 2002, Public Law 107-295, and requesting qualified individuals interested in serving on this committee to apply for membership. DATES: Application forms for membership should reach the Coast Guard on or before August 8, 2003. ADDRESSES: You may request a copy of the charter for the National Committee or a form to apply for membership by writing to Lieutenant Junior Grade Holly Wendelin, Commandant (G-MPS-2), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20590-0001; by calling 202-267- 4132; or by faxing 202- [[Page 40992]] 267-4130. Send your application in written form to the above street address. This notice and the application form are available on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: If you have questions, call Lieutenant Junior Grade Holly Wendelin at 202-267-4132.
Click here to read the text file
Click here to read the pdf file

Transportation of Hazardous Materials; Unloading of Intermodal (IM) and UN Portable Tanks on Transport Vehicles

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule amends the Hazardous Materials Regulations to permit, for an interim period and subject to certain unloading conditions, the unloading of IM and UN portable tanks transporting certain liquid hazardous materials when those tanks are not equipped with a thermal means of remote activation of the internal self-closing stop-valves fitted on the bottom discharge outlets. Permitting such unloading for an interim period affords operators time to bring the portable tanks into conformance with the regulations.

DATES: Effective Date: June 30, 2003.
Voluntary Compliance Date: RSPA is authorizing immediate voluntary compliance, however, RSPA may further revise this rule as a result of appeals that may be received.

For Complete Info: http://hazmat.dot.gov/rules/68fr-32409.htm

Hazardous Materials: Enhancing Hazardous Materials Transportation Security

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Interim final rule and request for comments.

SUMMARY: This interim final rule incorporates into the Hazardous Materials Regulations a requirement that shippers and transporters of certain hazardous materials comply with Federal security regulations that apply to motor carrier and vessel transportation. In addition, this interim final rule revises the procedures for applying for an exemption from the Hazardous Materials Regulations to require applicants to certify compliance with applicable Federal transportation security laws and regulations. This interim final rule will assure that shippers and transporters are aware of and comply with their security obligations.

DATES: Effective Date. This interim final rule is effective May 5, 2003.
Compliance Date: June 4, 2003.
Comments. Submit comments by June 4, 2003. To the extent possible, we will consider late-filed comments as we develop a final rule.

For Complete Info: http://hazmat.dot.gov/rules/68fr-23831.htm

Hazardous Materials Security Plans; Information Collection Approval

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule announces Office of Management and Budget (OMB) approval of information collection request (ICR) OMB No. 2137-0612, ``Hazardous Materials Security Plans''. This information collection has been approved by OMB until April 30, 2006. This final rule also makes appropriate revisions to regulations concerning the Paperwork Reduction Act to incorporate this new information collection approval under OMB Control No. 2137-0612.

DATES: The effective date of this final rule is June 20, 2003. This ICR expires on April 30, 2006.

For Complete Info: http://hazmat.dot.gov/rules/68fr-31627.htm

Hazardous Materials: Requirements for Maintenance, Requalification, Repair and Use of DOT Specification Cylinders; Correction of Compliance Dates

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Correction to final rule compliance dates.

SUMMARY: This document corrects several compliance dates in a final rule published May 8, 2003 (68 FR 24653) that made revisions to certain cylinder requirements. The compliance date for the final rule is corrected to permit immediate voluntary compliance. The delayed compliance dates for two other requirements in the final rule are corrected.

DATES: Effective Date: This rule is effective June 2, 2003.
Compliance Date: Voluntary compliance is authorized immediately. Delayed compliance dates for certain regulatory provisions are set forth in the regulatory text.

For Complete Info: http://hazmat.dot.gov/rules/68fr-32679.htm

Hazardous Materials: Retention of Shipping Papers

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule; response to appeals.

SUMMARY: In this final rule, RSPA is making changes to a final rule published on July 12, 2002, in which RSPA amended the Hazardous Materials Regulations (HMR) to require shippers and carriers to retain a copy of each hazardous material shipping paper, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by a carrier. This final rule responds to five appeals of the July 12, 2002 final rule.

EFFECTIVE DATES: This final rule is effective on November 1, 2002. Voluntary compliance is authorized as of August 12, 2002.

For Complete Info: http://hazmat.dot.gov/rules/67fr-66571.htm

HM-232 Final Rule requires Security Training - 04/16/03

Final Rule: HM-232 Security Requirements for Offerors and Transporters of Hazmat, Security Training mandatory. 

RSPA published its final rule on security requirements and training March 25, 2003. 

Among other issues, HM-232 mandates security awareness training (SAT) for ALL HazMat employees and in-depth security training for those required to have a security plan. They are looking for immediate compliance. I have highlighted the important dates. 

Following are the key points for SAT:

• Training must include an awareness of security risks associated with HazMat transportation and methods designed to enhance transportation security. The training must also include a component covering how to recognize and respond to threats.

• As of March 25, 2003, training must take place no later than the first scheduled recurrent training and in no case later that March 24, 2006.

• After March 25, 2003, new HazMat employees must receive the SAT training within 90 days of employment.

• All record keeping requirements of 172.704 apply.

In-depth Security Training

By December 22, 2003, each hazmat employee of a person required to have a security plan in accordance with Subpart I, 172.800, must be trained concerning the security plan.

Basically, any company that is required to register under 107.601, “Registration of Persons who Offer or Transport Hazardous Materials” must have a security plan in place by September 25, 2003.

Speaking at the COSTHA Annual Forum last week, Frits Wybenga, Deputy Associate Administrator for HazMat Safety RSPA, informed the group that the effective dates will not change, but inspectors will take a graduated approach. If any discrepancies are found they will take note. However, there is no guarantee that companies will not be fined. The UN Committee of Experts is also looking at adding security training and security plans.

How to comply with SAT:

• The DOT has produced a CD-ROM that is available free of charge on their website. http://hazmat.dot.gov and click on the security placard. The program may also be downloaded at http://hazmat.dot.gov/hmt_security.htm.

DGI is looking into how we can add the training to our seminars, allowing employers to double their training dollar. Please stay tuned to http://www.dgitraining.com for further information.

Department of Homeland Security - POSSIBLE INDICATORS OF AL QAEDA SURVEILLANCE - 04/03/03
Information Bulletin 03 004
March 20, 2003

DHS Information Bulletins communicate issues that pertain to the critical national infrastructure and are for informational purposes only.

Al Qaeda operations have been characterized by meticulous planning, a focus on inflicting mass casualties, and multiple, simultaneous suicide attacks. Operatives are highly trained in basic and sophisticated surveillance techniques, posing challenges for counterterrorism and security forces in identifying terrorist surveillance. Recent information and analysis point to surveillance practices that traditionally have been utilized by Al Qaeda affiliated operatives. While not exhaustive, the following list suggests possible indicators of terrorist surveillance.

• Unusual or prolonged interest in security measures or personnel, entry points and access controls, or perimeter barriers such as fences or walls.
• Unusual behavior such as starting or quickly looking away from personnel or vehicles entering or leaving designated facilities or parking areas.
• Observation of security reaction drills or procedures.
• Increase in anonymous telephone or e mail threats to facilities in conjunction with suspected surveillance incidents indicating possible surveillance of threat reaction procedures.
• Foot surveillance involving two or three individuals working together.
• Mobile surveillance using bicycles, scooters, motorcycles, cars, trucks, sport utility vehicles, boats, or small aircraft.
• Prolonged static surveillance using operatives disguised as panhandlers, demonstrators, shoe shiners, food or flower vendors, news agents, or street sweepers not previously seen in the area.
• Discreet use of still cameras, video recorders or note taking at non tourist type locations.
• Use of multiple sets of clothing, identifications, or the use of sketching materials (paper, pencils, etc.)

Hazmat Security Training Requirement is here - HM232 - 03/27/03
Summary: The Research and Special Programs Administration is
establishing new requirements to enhance the security of hazardous materials transported in commerce. Shippers and carriers of certain highly hazardous materials must develop and
implement security plans. In addition, all shippers and carriers of hazardous materials must
assure that their employee training includes a security component.

To view, print or download this Final Rule click on the following link.

URL: http://hazmat.dot.gov/rules/68fr-14509.htm

Maritime and Land Security Stakeholders - 03/20/03

From: Richard Bennis, Assistant Administrator for Maritime and Land Security

Date:    3/19/2003

In the event of conflict in Iraq, terrorists may decide to conduct attacks against targets of opportunity within the United States.  In the interest of maintaining comprehensive domain awareness of the transportation system, the Transportation Security Administration (TSA) requests that its stakeholders utilize the phone numbers below to notify the TSA of potential threats or significant security incidents involving maritime and surface transportation.  Notifications to TSA should be made in the first round of notifications made outside your company or association.

TSA requests that notification originate from your company or association’s security office through a single point of contact. 

Transportation Security Administration 24-hour Command Center:
(571) 227-1881
(571) 227-1882

This number should only be used in serious situations and is not intended to supersede the normal notification channels that your office follows (i.e. notifying local emergency services, FBI, etc.).  Email notification may also be made at tsa:hqcac@tsa.dot.gov

Examples of potential threats include, but are not limited to, bomb threats, suspicious activities and suspected sabotage.  Examples of significant security incidents include, but are not limited to, sabotage, violent attacks on or destruction of property and people, and hijackings. 

Thank you for your prompt attention to this matter.  Together we can work to ensure that the transportation systems our nation relies on for prosperity will continue to thrive in times of conflict.

Sincerely,
Richard Bennis, RADM
Assistant Administrator for Maritime and Land Security

Hazmat Safety Advisory - 02/26/03
U.S. Departmentof Transportation Hazardous Materials Safety Volume 21 Issue 1 February 2003 RSPA is providing this advisory to inform the hazardous materials transportation community of recent changes to international regulations proposed for incorporation in the U.S. Hazardous Materials Regulations (HMR; 49 CFRParts 100-185). As a consequence of changes to international regulations, shipping papers and package markings for some international shipments of hazardous materials may appear different than those prepared in accordance with the HMR. This information is intended for emergency responders, enforcement personnel, and persons who import and export hazardous materials in international commerce.

To facilitate international trade, RSPA issued a partial final rule under RSPA-Docket Number
02-13658 (HM-215E); which incorporates by reference the 2003-2004 ICAO TI and Amendment 31-02 of the IMDG Code in Part 171.7;See http://hazmat.dot.gov/rulemake.htm#final . These international regulations are authorized for use subject to certain conditions in accordance with the provisions of 49 CFR 171.11 and 171.12 on a voluntary basis from January 1, 2003. This means that shipments prepared in accordance with the 2003-2004 ICAO TI and Amendment 31-02 of the IMDG Code may be transported to, from, or in the United States consistent with the conditions indicated in these sections of the HMR. RSPA is proposing changes to requirements in the HMR consistent with international regulations in a notice of proposed rulemaking (NPRM) under RSPA-Docket Number HM-215E; See http://hazmat.dot.gov/rulemake.htm#nprm. This is consistent with RSPA’s continuous efforts to harmonize the HMR with international dangerous goods transport regulations. In the NPRM, RSPA proposes transitional provisions for application of the proposed changes in order to facilitate implementation. The changes proposed are based on requirements in the UN Model Regulations (12th Edition), the 2003-2004 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and Amendment 31-02 of the International Maritime Dangerous Goods Code (IMDG Code). These international regulations came into effect on January 1, 2003, although a one-year transition period applies for compliance with Amendment 31-02 of the IMDG Code. Notable changes to the international regulations proposed for adoption in the HMR include:
• an alternative basic description sequence on shipping papers;
• a requirement to enter the subsidiary hazard class or subsidiary division number on shipping papers;
• a requirement to indicate types and numbers of packagings on shipping papers;
• a new requirement for marking limited quantity packagings; and
• new inner packaging quantity limits for certain materials shipped as limited quantities.
Alternative basic description sequence

Currently, only one sequence of information for the basic description of the dangerous goods on shipping papers is authorized in the HMR. However, the international regulations now recognize an alternative sequence. The alternative sequence allows the identification number to be listed first on shipping papers and the proper shipping name listed second. Examples of the two authorized sequences are: “Gasoline, 3, UN 1203, PG II” (authorized in HMR and international regulations)
or “UN1203, Gasoline, 3, PG II” (authorized in international regulations and proposed for adoption in the HMR)


URL: http://hazmat.dot.gov/rulemake.htm#nprm

Harmonization with International Recommendations (HM-215E) - 02/11/03
This final rule amends the Hazardous Materials Regulations
(HMR) by updating incorporation by reference the most recent amendments to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). This action is necessary to facilitate the continued transport of hazardous materials in international commerce by aircraft and vessel after these international standards become effective. The other changes proposed in the notice of proposed rulemaking (NPRM) under this docket will be addressed in a separate rule.

URL: http://hazmat.dot.gov/rules/68fr-1013.htm

ICAO Clarifies Diagnostic Specimen Requirements - 01/07/03
ICAO published a guidance document which should help clarify the requirements for
Diagnostic Specimens. It includes:
Use of the new requirements for diagnostic specimens
Packaging and consignment procedures
Passenger and operator provisions
Substances included or excluded from shipment as diagnostic specimens
Emergency response procedures

http://www.dgitraining.com/dgitech/diag-guidance.htm

RSPA Updates Shipping Paper Retention Requirement (HM-207B)
RSPA is making changes to a final rule published on July 12, 2002, in which RSPA amended the Hazardous
Materials Regulations (HMR) to require shippers and carriers to retain a copy of each hazardous material shipping paper, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by a carrier. This final rule is effective on November 1, 2002. Voluntary compliance is authorized as of August 12, 2002.

http://hazmat.dot.gov/rules/67fr-66571.htm

Registration Info - HM208E
RSPA is amending its regulations concerning registration of persons who transport or offer for transportation in commerce certain categories and quantities of hazardous materials. RSPA is adopting the North American Industry Classification System (NAICS) to determine whether an entity is a small business, consistent with actions taken by the Small Business Administration (SBA). RSPA is also revising the requirements to permit registration over the internet and to authorize the use of additional credit cards to pay the registration fee. Other proposals in RSPA's  December 7, 2000, notice of proposed rulemaking, to temporarily reduce registration fees and charge not-for- profit organizations the same registration fee as a small business, will be addressed in a separate final rule after enactment of the Department of Transportation appropriations for Fiscal Year 2003, as announced in the March 14, 2002, notice of proposed rulemaking in the Federal Register.

To view, print or download, go to;

http://hazmat.dot.gov/rulemake.htm#final

Revision to Standards for Infectious Substances (HM-226)
RSPA revised the effective date of HM-226 (Federal Register on August 14, 2002 (67 FR 53118)). which affects the transport of Infectious Substances. The revised effective date is February 14, 2003.

To view, print or download, click on the link below.

http://hazmat.dot.gov/rules/67fr-54967.htm

Enhanced Security Requirements for Hazmat (HM-232A)
The Research and Special Programs Administration and the Federal Motor Carrier Safety Administration are examining the need for enhanced security requirements for the motor carrier transportation of hazardous materials. The two agencies are seeking comments on the feasibility of specific security enhancements and the potential costs and benefits of deploying such enhancements. Security measures being considered include escorts, vehicle tracking and monitoring systems, emergency warning systems, remote shut-offs, direct short-range communications, and notification to state and local authorities.

To read, print or download, go to the link below.

http://hazmat.dot.gov/rules/67fr-46622.htm

Revision to Standards for Infectious Substances; HM-226
RSPA is revising transportation requirements for infectious substances, including regulated medical waste, to: adopt defining criteria and packaging requirements consistent with international standards; revise the current broad exceptions for diagnostic specimens and biological products; and authorize bulk packaging options for regulated medical waste consistent with requirements in international standards and DOT exemptions. To view, print or download HM226 in its entirety, please go to:

http://hazmat.dot.gov/rules/67fr-53118.htm

Shippers and Carriers must Retain a Copy of Shipping Paper for 375 days
RSPA is amending the Hazardous Materials Regulations to require shippers and carriers to retain a copy of each hazardous material shipping paper, or electronic image thereof, for a period of 375 after the date the hazardous material is accepted by a carrier.

http://hazmat.dot.gov/rules/67fr-46123.htm

RSPA Proposes To Modify 49 CFR In Order to Harmonize With International Standards
RSPA proposes to amend requirements in the Hazardous Materials Regulations (HMR) pertaining to the transportation of radioactive materials based on changes contained in the International Atomic Energy Agency (IAEA) publication entitled "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material," 1996 Edition, No TS-R-1. The purpose of this rulemaking initiative is to harmonize requirements of the HMR with international standards for radioactive materials as well as to promulgate other DOT initiated requirements.

To view, print or download HM-230 go to: http://hazmat.dot.gov/rules/99_6283_1.htm

RSPA Proposes Added Security Measures (HM-232)
The Research and Special Programs Administration is proposing new requirements to enhance the security  of hazardous materials transported in commerce. Proposals include a requirement for motor carriers registered with the agency to maintain a copy of their current registration certificate on each motor vehicle. We further propose to require shipping papers to include the name and address of the consignor and consignee and the shipper's DOT Hazmat Registration number, if applicable. In addition, RSPA proposes to require shippers and carriers of certain highly hazardous materials to develop and implement security plans. RSPA also proposes to require hazardous materials shippers and carriers to assure that their employee training includes a security component.

http://hazmat.dot.gov/rulemake.htm

HM-224C - Lithium Batteries
RSPA proposes to amend the Hazardous Materials Regulations (HMR) regarding the transportation of lithium batteries. These proposals are consistent with changes recently made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). They would increase the level of safety associated with the transportation of lithium batteries and facilitate the transport of these materials in international commerce.

http://hazmat.dot.gov/rules/2002_11989.htm

Final Rule HM-215D (Corrections and Amendments)
On June 21, 2001, RSPA published a final rule under Docket HM-215D amending the Hazardous Materials Regulations (HMR) based on corresponding provisions of international standards. The revisions were made to facilitate the transportation of hazardous materials in
international commerce. This final rule corrects errors in the June 21, 2001, final rule and responds to two petitions for reconsideration.

http://hazmat.dot.gov/rules/2000_7702_1.htm

IMO Published 4th Ammendment to the IMDG Code
The IMO published the 4th set of corrections to the IMDG Code.Hopefully this will be the last one before an updated version of the
regulations will be released next year.

As always be sure to make the pen & ink changes to your regs.

http://www.imo.org/includes/blastDataOnly.asp/data_id=3757/4therrata.pdf

RSPA Cancels Public Hearing For Loading & Unloading Proposals
On June 14, 2001, RSPA published a notice of proposed rulemaking to clarify the applicability of the Hazardous Materials Regulations to specific functions and activities, including hazardous materials loading, unloading, and storage operations. On August 2, 2001, we announced two public meetings to facilitate public comment on the proposed rule. One public meeting was scheduled for September 14, 2001, in Washington, D.C.; on September 12, 2001, it was postponed. A second public meeting was scheduled for October 30, 2001, in Diamond Bar, California. The October 30 public meeting is cancelled; the September 14 public meeting will not be rescheduled. DATES: The comment period closing date remains November 30, 2001.

http://hazmat.dot.gov/rules/98_4952_4.htm

Shipping Paper Retention Proposed
RSPA is proposing to amend the Hazardous Materials Regulations to require shippers and carriers to retain a copy of each hazardous material shipping paper, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by a carrier.

http://hazmat.dot.gov/rules/2001_10568.htm

Exceptions from Labeling and Placarding Materials Poisonous by Inhalation (PIH)
In an interim final rule published on September 16, 1999 and amended on September 24, 1999, RSPA provided a limited exception, until October 1, 2001, from requirements to place new POISON INHALATION HAZARD or POISON GAS labels on packages of PIH materials to facilitate international transportation. This final rule responds to two comments received on the interim final rule, extends the provisions of the interim final rule, and provides additional exceptions from requirements to place POISON INHALATION HAZARD or POISON GAS labels and placards on certain packages and transport vehicles in international transportation.

http://hazmat.dot.gov/rules/hm206d_822.htm

Minor Editorial  Corrections to 49 CFR
This final rule corrects inconsistencies in terminology and makes minor editorial corrections to improve clarity of the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments in this rule are minor editorial changes and do not impose new requirements.

http://hazmat.dot.gov/rules/hm189r.htm

RSPA Extends Public Comment Period for HM-223
On June 14, 2001 RSPA published a notice of proposed rulemaking to clarify the applicability of the Hazardous Materials Regulations to specific functions and activities including hazardous materials loading, unloading and storage operations. We are extending until November 30. 2001, the period for filing comments to the proposed rule. In addition, we are conducting two public meetings to facilitate public comment on the proposed rule. One meeting is scheduled for September 14, 2001, in Washington DC, ; a second public meeting is scheduled for October 30, 2001 in Diamond Bar, California.

URL: http://hazmat.dot.gov/rules/98_4952_3.htm

RSPA Finalizes HM-215D
This final rule amends the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various changes to proper shipping names, hazard classes, packing groups, special provisions, packing authorizations, air transport quantity limitations and vessel stowage requirements. In addition, this final rule revises the requirements for intermediate bulk containers and UN portable tanks for alignment with international requirements.

The effective date of these amendments is October 1, 2001. RSPA is authorizing immediate voluntary compliance, with the exceptions of the ICAO Technical Instructions, 2001-2001 Edition, and the International Atomic Agency's (IAEA) Regulations for the Safe Transport of Radioactive Material, No. TS-R-1, which are authorized for use on July 1, 2001. Unless otherwise specified, compliance with the amendments adopted in this final rule is required as of October 2002.

To view or download HM-215D please go to: http://hazmat.dot.gov/rules/2000_7702_fr.htm

Loading, Unloading and Storage of Hazardous Materials
RSPA has proposed a new rule (HM-223) released June 14, 2001. In this rule, RSPA is proposing to clarify the applicability of Hazardous Materials Regulations to specific functions such as loading, unloading, operations and storage.

RSPA is proposing to list the specific functions in the Hazardous Materials Regulations.

To view, print or download Proposed Rule HM-223, please go to: http://hazmat.dot.gov/rules/98_4952_2.htm

Update on Temporary Reduction of Registration Fees
The Research and Special Programs Administration (RSPA) published an update on Proposed Rule HM-208D. This Rule proposed to temporarily reduce registration fees paid by those persons or companies who transport or offer Hazardous Materials

RSPA explains that they are going to delay final action on this matter until the DOT's budget is finalized.

As a result, current registration fees will remain in effect - $300 for small business' and $2000 for all others.

To view, download or print this update, please go to: http://hazmat.dot.gov/rules/rspa2000_8439a.htm

IMO Issues 3rd Change to the IMDG Code
The IMO released a third update to the IMDG Regulations. The update is only available at the IMO's Website. Click below to download.

http://www.imo.org/imo/imdg/third.pdf

Final Rule HM-215D IMDG, UN Orange Book and ICAO
This final rule updates three incorporates amendment 30 to the International Maritime Dangerous Goods Code (IMDG Code), the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations) and the UN Recommendations Manual of Tests and Criteria. This action is necessary to facilitate the continued transport of Hazardous Materials in International commerce by vessel. In addition it authorizes compliance with the updated UN Recommendations and UN Recommendations Manual of Tests and Criteria when these International standards become effective. Action is being deferred on the proposal to incorporate the 2001-2002 edition of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by AIr (ICAO Technical Instructions) because it will not be authorized for use until July 1, 2001.

http://hazmat.dot.gov/rules/2000_7702_f.htm

RSPA is proposing to revise transportation requirements for infectious substances, including regulated medical waste. 
The proposal includes criteria and packaging requirements for infectious substances and genetically modified micro-organisms that are consistent with  international standards. The proposal also revises the current broad exceptions for diagnostic specimens and biological products.

http://hazmat.dot.gov/rules/98_3971_nprm.htm

IMO Releases Third Correction to Amendment 30 of the IMDG Code
The IMO released the third errata and corrigenda to Amendment 30 of the IMDG Code.  You can download all three corrections at http://www.imo.org/imo/imdg/intro.htm - It is strongly recommended that you make the pen and ink changes in your regulations.

Temporary Reduction of Registration Fees - Proposed
Because of an unexpended balance in the Hazardous Materials Emergency Preparedness grants fund, RSPA is proposing to temporarily lower the registration fees paid by those who transport or offer Dangerous Goods. To print or download a complete copy of the Proposed Rule HM-208D, go to http://hazmat.dot.gov/rulemake.htm#nprm

RSPA-2000-7702 (HM-215D); TITLE: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Notice of proposed rulemaking (NPRM); Published 10/23/2000; 65 FR 63293
RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to revise the requirements for intermediate bulk containers and UN portable tanks for alignment with international requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce.

To view, download or print a complete version of this Proposed Rule, go to http://hazmat.dot.gov/rules/2000_7702.htm

Safety Advisory Notice  00-10
RSPA has released a Safety Advisory Notice recommending that Shippers and Carriers take precautions when transporting Lithium Batteries. The recommendation comes on the heels of a report released by the NTSB concerning a shipment of Lithium Batteries from Japan to LAX which caught fire. This Advisory Notice includes the recommendations from the NTSB and DOT's response. Lithium Batteries are currently excepted from the regulations, with this Notice and the NTSB's report, are changes in the making?

To view the complete report and Safety Notice, please go to http://hazmat.dot.gov/rulemake.htm#safety

RSPA Releases Final Rule HM-218
The Research And Special Programs Administration (RSPA) released Final Rule HM-218 on August 18, 2000. This Final Rule amends the Hazardous Materials Regulations (49 CFR) by incorporating miscellaneous changes and minor adjustments to align 49 CFR with international standards. Although the changes are minor in nature, they do affect most sections and popular hazardous materials such as, Cargo Aircraft Only Label, Aerosols, Training, Gases, Placarding and much more.

To review this change, please go to http://hazmat.dot.gov/rules/99_6213_1.htm

UN Sub-Committee of Experts Releases Results From 18th Session
The UN Sub-Committee of Experts (They write the Orange Book), released the results from their 18th Session which was held in Geneva, Switzerland from July 3 - 14, 2000.

Several critical issues were discussed, including
* The proper sequence on the Shipper's Declaration
* Transport of Gases
* Harmonization with Amendment 30 of the IMDG
* Lithium Batteries
* Placarding of Limited Quantities
* Packaging Requirements
* Diagnostic Specimens
* Aerosols, and
* Radioactive / ST-1

To read the results of these issues, please visit http://hazmat.dot.gov/18scoesum.pdf

Amendment 30 Adopted
Amendment 30 to the International Maritime Dangerous Goods Code (IMDG) was adopted at the 72nd Session of the Maritime Safety Committee which met May 17 through May 26, 2000. Amendment 30 will align the IMDG Code with ICAO, IATA and 49 CFR. Amendment 30 will be available in October (in English) and will go into effect January 1, 2001 with a transitional period until December 31, 2001.

For a complete outline of Amendment 30, please see http://www.imo.org/imo/meetings/dsc/5/dsc5.htm

RSPA-97-2718 (HM-225A); Hazardous Materials Safety: Technology Sharing Meeting; Notice of Public Meeting
RSPA is hosting a meeting to promote the exchange of information concerning emergency shutdown equipment on cargo tank motor vehicles used to transport liquefied compressed gases. The meeting will be held on Tuesday, June 27, 2000, from 10:00 am to 5:00 pm (registration from 8:30 am to 10:00 am), and Wednesday, June 28, 2000, from 8:30 am to 12:30 pm.

The meeting will be held in the Michigan and Minnesota Rooms of the Federal Aviation Administration Building, 2300 East Devon Avenue, Des Plaines, Illinois. For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact Eloy Martinez (number listed below). 

FOR FURTHER INFORMATION CONTACT -- Herbert Gould, Volpe Center, Research and Special Programs Administration, 617-494-2134; or Eloy Martinez, Volpe Center, Research and Special Programs Administration, 617-494- 2599.

You may read or download the complete story at http://hazmat.dot.gov/rules/97_2718.meetingnotice.htm

The Research And Special Programs Adminstration (RPSA) Issues Safety Advisory Notice 00-04
RSPA has issued a Safety Advisory Notice (Number 00-4) to make persons aware of safety concerns related to the Intermodal transportation of Propane Tanks and of the proper Packaging Requirements for such transportation. 

To view and download this Safety Advisory Notice see http://hazmat.dot.gov/rules/not00_4.htm.

Reformatted IMDG, Amendment 30 on its Way
Reformatted IMDG Code Agreed Upon. The Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) at their 5th Session, held 7-11 February 2000, proposed to revise and reformat the International Maritime Dangerous Goods Code (IMDG Code).  It will be smaller, user-friendly and much like current regulations we already use.  Amendment 30 is part of the on-going effort to Harmonize the  Hazardous Materials Regulations.

"Amendment 30" completely  reformats  the IMDG Regulations, revises various sections and transport requirements for specific substances. The new IMDG Code will be submitted to the Marine Safety Committee (MSC)'s 72nd session in May 2000 for adoption.  If adopted, (and it's anticipated that it will be) the reformatted Regs would then enter force on 1 January 2001, with a 12 month implementation period ending 31 December 2001.

The proposed text of the reformatted IMDG Regs includes seven parts, two appendices and an index. These include:

• General Provisions, Definitions and Training (Part 1);
• Classification (Part 2);
• Dangerous Goods List (DGL) and Limited Quantities Exceptions (Part 3);
• Packing and Tank provisions (Part 4);
• Consignment Procedures (Part 5);
• Construction and Testing of Packagings, Intermediate Bulk Containers (IBC's), Large Packagings, Portable Tanks and Road Tank Vehicles (Part 6);
• Requirements Concerning Transport Operations (Part 7);
• Appendix A - List of Generic and NOS Proper Shipping Names;
• Appendix B - Glossary of Terms;
• Index

The UN Committee of Experts (The ones who write and publish the "Orange Book") will be meeting in December.  We can expect the 11th Edition of the Orange Book in mid 2001.

The DSC  will for the next two years be working on Amendment 31 to stay Harmonized with the UN recommendations. The DSC will also be working on revisions to Emergency Procedures (EMS) and restructuring the Code of Safe Practice for Solid Bulk Cargoes (BC Code). For the complete story go to http://hazmat.dot.gov/17scoesum.pdf

Hazardous Materials Transportation Registration and Fee Assessment Program; Final Rule, Effective May 1, 2000
This final rule amends the statutorily mandated registration and fee assessment program for persons who transport or offer for transportation certain categories and quantities of hazardous materials. In this final rule, RSPA is: (1) Expanding the criteria for those persons required to register to include all persons who offer for transportation or transport hazardous materials that require placarding (except for those activities of farmers directly in support of farming operations); (2) Adopting a two-tiered fee schedule--$300 for those registrants meeting the U.S. Small Business Administration criteria for defining a small business and $2,000 for all other registrants; and (3) Permitting registration for one, two, or three years on a single registration statement. This final rule is intended to increase funding for the national Hazardous Materials Emergency Preparedness grants program.

For details see http://hazmat.dot.gov/rules/hm208c_final.htm.

UN Subcommittee of Experts Meet for 17th Session
The UN Sub-Committee of Experts on the Transport of Dangerous Goods met for the 17th Session in Geneva, Switzerland from December 6th through December 17th, 1999.

Items discussed included Documentation, Limited Quantities and much more.  To review the results of this session please see http://hazmat.dot.gov/17scoesum.pdf.

Safety Advisory: DOT-3AL Cylinders in Carbon Dioxide Service; Manufacturer Product Recall
The DOT was recently notified of certain cylinders that are stamped incorrectly with the marking, "DOT-3AL3000." The cylinders should have been stamped "DOT-3AL1800." The manufacturer, Luxfer (USA) has initiated a recall. For complete details see http://hazmat.dot.gov/rules/not99_12.htm.

Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders
Compressed gas cylinders tested by Fire Extinguisher Sales & Services (FESS), 1100 Weimer Road, Bloomington IN were "marked" as being tested when, in fact, they were not. For details see http://hazmat.dot.gov/rules/not99_15.htm.

China Imposes Restrictions on Solid Wood Packing Materials
On November 1, 1999, China announced emergency quarantine regulations effective January 1, 2000. All shipments bound for China after January 1, 2000 are affected. On that date every shipment must be accompanied by specific certification concerning Solid Wood Packing Materials. For complete details see http://www.aphis.usda.gov/oa/chinaswp/chinaqas.html.

Safety Advisory: High Pressure Aluminum Seamless & Aluminum Composite Hoop-Wrapped Cylinders
Recently a DOT  3AL cylinder made of aluminum alloy 6351-T6 ruptured while being filled. This notice is to alert owners, users and other persons responsible for the maintenance of certain cylinders made of aluminum alloy 6351-T6 of potential safety problems and to advise them to follow the precautionary measures outlined in this notice. Also, RSPA requests information on other failures, if any, involving cylinders made of aluminum alloy 6351-T6 which may not have been previously reported to the agency.

For for details see: http://hazmat.dot.gov/rulemake.htm#safety

Miscellaneous Amendments - Notice of Proposed Rulemaking - HM218
The process of changing a federal regulation in 49 CFR begins with a Notice of Proposed Rulemaking (NPRM). NPRM's are generated by the Research and Special Programs Administration (RSPA). RSPA is a department within the US DOT. The reason for the NPRM is to inform the public and industry of the proposed changes and to give the public and industry an opportunity to respond to the proposed changes. In short, the government is asking for our input before making changes to the regulations. If the proposed changes are going to affect you or your business adversely or cause economic burden, or you feel the proposed changes are too restrictive, this is your opportunity to respond.

Although none of the changes in this NPRM appear drastic, they are significant and will affect just about every section in 49 CFR. Again, we suggest you print it and review the information thoroughly. If you would like the government to hear your view before the NPRM becomes a Final Rule (new regulation or law), submit your concerns in writing to the address shown in the attached NPRM. As always, please give us a call if you have any questions.

For details see: http://hazmat.dot.gov/rulemake.htm#nprm

Editorial Corrections and Clarifications - Final Rule HM189P
RSPA (Research & Special Programs Administration), which is the department within the DOT responsible for writing the Hazardous Materials Regulations, has completed its annual review of the regulations. The results are published in the attached Final Rule HM189P. Most of the changes are typographical, however it also includes changes to Proper Shipping Names, page numbers, paragraph numbers and others. Please review the changes and mark them in your copy of 49 CFR.

For details see: http://hazmat.dot.gov/rules/99_6212.htm

Torches in Toolboxes Don't Fly - FAA Warning Notice
Toolboxes are one of those items listed in 2.2 of the IATA Dangerous Goods Regulations. Although this warning is from the FAA, it should concern all of us. Any piece of cargo can very easily find its way onto a vessel, train, truck and an aircraft on a single shipment. There have been several instances of torches igniting during transit. Be sure your employees are well aware of Hidden Dangerous Goods and review this warning issued by the FAA and several others.

Harmonization with the United Nations Recommendations - HM215C
This Final Rule is one of the most sweeping changes RSPA has made to 49 CFR. All sections of 49 CFR are affected. The reason for the changes is to bring the United States regulations more in line with the United Nations Recommendations for Transport of Dangerous Goods...ICAO's Technical Instructions and the IMDG. You are encouraged to view, download or print this Final Rule.

[Federal Register: October 29, 1998 (Volume 63, Number 209)]
DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration
49 CFR Part 171 [Docket No. RSPA-98-4185 (HM-215C)]
Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions.
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.

SUMMARY: This final rule amends a requirement for the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and updates references in the Hazardous Materials Regulations (HMR) to include the most recent amendments to the International Maritime Dangerous Goods Code (IMDG Code) and the ICAO Technical Instructions. These amendments are necessary to facilitate the continued transport of hazardous materials in international commerce by vessel and aircraft at the time these international regulations become effective.
DATES: Effective date: January 1, 1999.
Compliance date: Compliance with the regulation as amended in Sec. 171.11(d)(4)(ii) is authorized immediately.
SUPPLEMENTARY INFORMATION: On August 18, 1998, RSPA published a notice of proposed rulemaking (NPRM) under Docket HM-215C (63 FR 44312) which proposed changes to more fully align the HMR with the international regulations. Among the changes, RSPA proposed to amend the HMR to incorporate by reference the 1999-2000 ICAO Technical Instructions and Amendment 29 to the IMDG Code, and to make a shipping paper requirement notation permissive. RSPA received no adverse comments to these proposals. Therefore, these changes are adopted in this final rule.

Section 171.11 of the HMR authorizes hazardous materials shipments to be prepared in accordance with the ICAO Technical Instructions and transported by aircraft, and by motor vehicle either before or after being transported by aircraft, subject to certain conditions and limitations. Similarly, Sec. 171.12 of the HMR authorizes hazardous materials shipments to be prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. Use of the latest versions of the ICAO Technical Instructions and the IMDG Code become mandatory for international hazardous materials shipments on January 1, 1999.

This final rule also amends a shipping paper requirement for the use of the ICAO Technical Instructions. In Sec. 171.11(d)(4), as adopted under Docket HM-215B (FR 62 24700), published May 6, 1997, the letters ``ICAO'' were required to be included on shipping papers when being transported in accordance with the ICAO Technical Instructions. The effective date of this requirement was October 1, 1998. Several months after publication of the final rule, RSPA received numerous comments opposing the change as an unnecessary economic burden. In the NPRM, RSPA proposed to make the requirement permissive. RSPA is incorporating the change in this final rule to minimize disruption to persons transporting hazardous materials in accordance with the ICAO Technical Instructions.

All other changes proposed to the HMR, under Docket HM-215C, will be addressed in a subsequent final rule.

Sec. 171.7 [Amended]
1. In Sec. 171.7, in the table in paragraph (a)(3), the following changes are made:
a. Under International Civil Aviation Organization (ICAO), for the entry Technical Instructions for the Safe Transport of Dangerous Goods by Air, the date ``1997-1998 Edition'' is revised to read ``1999-2000 Edition''.
b. Under International Maritime Organization (IMO), for the entry ``International Maritime Dangerous Goods (IMDG) Code'', the wording ``Amendment 28 (1996)'' is revised to read ``Amendment 29 (1998)''.
3. In Sec. 171.11, paragraph (d)(4)(ii) is revised to read as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
(d) * * *
(4) * * *
(ii) The shipping paper may include an indication that the shipment is being made under the provisions of this section or the letters ``ICAO.''

Summation of Changes to the IMDG Code

I. Latest amendment (29-98) was adopted by the Marine Safety Committee (MSC) at its 69th session, May 11-20, 1998.

II. Effective date is January 1, 1999, with a 6 month transitional period to July 1, 1999. (Page iv).

III. General Introduction -

a. 5.1.10 - addition of modified test method for determining fluidity from Annex A of ADR regulations.

b. 5.3.5 - mixtures and solutions containing one or more substances identified in this code or classified under an N.O.S. or generic entry, and one or more substances not subject to the provisions of this code, are not subject to the provisions of the code if the hazard characteristics of the mixture or solution are such that they do not meet the criteria 9including human experience) for any class.

c. 7.1.13 - changes to the entries in the code which require additional information. Additional minor changes such as, page number changes, and addition/removal of some pesticide shipping names.

d. 7.1.14 - addition of text concerning the proper technical name to be utilized for pesticides.

e. 7.2.1.1 - addition of marking requirements for unpackaged materials, articles and substances.

f. Section 9 - footnote added to see section 7 of general introduction to the code.

g. 9.6 - added "multimodal" and footnote concerning documentation forms.

h. 9.11 - changed the example document shown which is now multimodal as well as a container packing certificate.

i. 12.1.3.1 - added instructions for handling offshore containers handled in open seas.

j. 12.5.5 - amendment to container securing information.

k. 13.1.1.1 - added instructions for offshore containers handled in open seas (e.g., portable tanks and road tank vehicles).

l. 13.1.5.2 - changed the value of C in formula depending on whether the material is liquid or solid.

m. 13.1.19.6 - addition of requirements and exceptions for filling, and for offering for transport portable tanks based on expiry and test dates.

n. 13.1.55.8 - complete revision of emergency relief devices.

o. Appendix to 13.1 - added column 10 special provisions and makes various changes and addition to the List of Substances (except gases) allowed to be carried in portable tanks and road tanks.

p. 13.101.1 - added basis for the approval of offshore containers handled in open seas.

q. 13.115.6 - addition of requirements and exceptions for filling, and for offering for transport portable tanks based on expiry and test dates.

r. Appendix to 13.100 - various additions to the List of Non-Refrigerated Gases of class 2 suitable for transport in tanks.

s. 13.201.1 - added basis for the approval of offshore containers handled in open seas.

t. 13.213.5 - addition of requirements and exceptions for filling, and for offering for transport portable tanks based on expiry and test dates.

u. 15.1.1 - added "and to all cargo transport units (CTU's)."

v. 15.1.16 - revision covering general requirements for segregation.

w. 15.1.6.1 - (new section) - segregation requirements of subsidiary hazards take precedence over primary hazard segregation requirements if they are more restrictive.

x. 15.1.6.2 - (new section) - segregation exception for class 1.

y. 15.1.9 - amended text, and removed 15.1.9.1 and 15.1.9.2.

z. 15.1.11 - completely revised.

aa. 15.1.11 - (new section) - covering individual schedule segregation requirements, and renumbering of subsequent subsections in this section.

bb. 15.1.17 - segregation table renumbered to this subsection, with minor text added to address conflicting requirements.

cc. 17.5.3; 17.5.5; 17.5.6; 17.6.1.6 - complete revision of storage for flammable liquids in mechanically and electronically operated refrigeration units and on deck storage of flammables.

dd. 17.6.5.1 - reference to cargo securing manual added.

ee. 18.3 - quantity limitation changed for hazard class 3, packaging group II liquids. Now 1 litre for all inner packaging types.

ff. 18.4.2 - addition of information concerning fragile inner packagings in shrink or stretch wrapped trays.

gg. 18.9.1 - added "retail agencies" to limited quantity marking exemptions.

hh. 21.12.3 - added footnote - source for test methods concerning flammability.

ii. Appendix to section 22 - changes to competent authority addresses (Bahamas, Canada, Chile, Croatia, Cyprus, Czech republic, Finland, Iceland, Italy, Japan, Netherlands, New Zealand, Poland, Russia, Singapore, South Africa, Tunisia, and United Kingdom).

jj. 23.3.2 - removed reference to Pesticides Table in class 6.1.

kk. 26.1.6.8 - (new subsection) - concerns itself with the periodic testing and inspection requirements for IBC's.

ll. 26.1.10.3 - change in text regarding explosive rupture of IBC's.

mm. 26.1.11.3 - added self accelerating decomposition time.

nn. 26.2.3.2 - deleted, with renumbering of subsections through 26.2.3.6.3.

oo. List of Substances Suitable for Transport in IBC's - under "special requirements" 12 - 14 add "the temperature indicated is based on a non-insulated IBC", and add "special requirements" 17 and 18.

pp. Various additions/deletions to List of Substances Suitable for Transport in IBC's.

qq. Definitions in Appendix I - change to reconditioned packages and to remanufactured packagings definition, and added definition for recycled plastic materials.

IV. Annex I -

a. subsection 7.7.1 - added allowance for the use of recycled plastics material.

b. subsection, 8.7.3 - change to the text in criteria for passing the stacking test.

V. General Index - Numerous additions, deletions, page changes and subsidiary label requirements.

VI. Volumes II - IV; Numerous additions, deletions, page changes and subsidiary label requirements.

VII. Supplement

a. amended emergency schedule 2-03 by removing NITROGEN TRIFLUORIDE from list.

b. added new Appendix F (Recommendations for Entering Enclosed Spaces Aboard Ships) - (pages 179 - 186d)

c. incorporation of 1997 amendments to the Code for THE SAFE CARRIAGE OF IRRADIATED NUCLEAR FUEL, PLUTONIUM AND HIGH LEVEL RADIACTIVE WASTES IN FLASKS ON BOARD SHIPS and new GUIDELINES FOR DEVELOPING SHIPBOARD EMERGENCY PLANS FOR SHIPS CARRYING MATERIALS TO THE INF CODE. (Pages iii - 27)