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Archive for the ‘Industry News’ Category

And now, Lithium Battery Smuggling!

March 27th, 2018 by Howard Skolnik

Filed under: DOT/UN, HazMat, Industry News, Safety, Skolnik Newsletter

The US Department of Transportation’s Federal Aviation Administration (FAA) alleges that on February 22, 2017, two passengers affiliated with the J&J Transportation Group of Miami, offered three checked bags containing hundreds of lithium ion batteries to American Airlines for shipment by air from Miami to Buenos Aires, Argentina. The shipment included 318 lithium ion batteries as well as 85 cell phones and 11 laptop computers that contained lithium ion batteries. FAA proposed a $63,750 civil penalty against J&J Tech for allegedly violating the Hazardous Materials Regulations. American Airlines workers at Miami International Airport discovered the shipment during checked baggage screening.

The FAA alleges J&J Tech Group offered, through checked baggage, a greater number of lithium batteries than were allowed by the regulations. Moreover, regulations prohibit offering these batteries as cargo on a passenger-carrying aircraft.

The FAA further alleges that the shipments were not accompanied by a shipper’s declaration of dangerous goods and were not properly classed, described, packaged, marked, labeled or in the proper condition for shipment. Additionally, the agency alleges J&J Tech Group failed to ensure that each of its employees received required hazardous materials training, and failed to provide emergency response information with the shipment.

DOT & OSHA Release Joint Video on Hazmat Communications.

March 20th, 2018 by Howard Skolnik

Filed under: DOT/UN, HazMat, Industry News, Safety, Skolnik Newsletter

The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Occupational Safety and Health Administration (OSHA) jointly produced and rolled out a YouTube video that provides clarity on the differing agency labeling requirements to communicate the dangers of hazardous materials in transportation (DOT) and in the workplace (OSHA). Both agencies are responsible for enforcing distinct and separate safety standards regarding the appropriate labeling of chemical hazards through PHMSA’s Hazardous Materials Regulations and OSHA’s Hazard Communication Standard 2012. Click here to view the video on YouTube. Consider this video for use in HazMat Training.

NEW and Greatly Improved DOT Web Site

February 27th, 2018 by Howard Skolnik

Filed under: DOT/UN, HazMat, Industry News, Skolnik Newsletter

The US Department of Transportation (US DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) recently launched their updated website, www.phmsa.dot.gov. And more recently, under the Regulations and Compliance section of the website, PHMSA added a search feature to the Interpretations page, allowing users to filter Hazmat vs. Pipeline Interpretations and sort by key word, topic, or date range. This search feature is located on the left-hand side of the webpage (see image below). Site visitors can now monitor the Hazmat interpretations, and use the new PHMSA Interpretation search for archived letters.

The site offers navigation tabs organized by About PHMSA, Safety, Regulations and Compliance, and Resources. Recourse highlights include Data and Statistics, including HazMat Incident Statistics. Also highlighted are a number of videos emphasizing current HazMat safety Issues.

2018 New Hazmat Rules At-A-Glance

February 22nd, 2018 by Natalie Mueller

Filed under: DOT/UN, HazMat, Industry News

They say the only thing constant is change and that couldn’t ring more true for those of us in the dangerous goods business. As the transportation, manufacturing, chemical and hazmat industries all keep evolving, so too do the regulations that govern them. At Skolnik, we do our due diligence to ensure all of our products meet, if not exceed, the hefty regulatory standards they face. Part of that due diligence is staying on top of changes to the rules and regulations.

In 2018, a few new rules regarding hazmat containers and shipment will hit the books — here’s a quick look at what those regulations, some of which have already taken effect.

Already in effect:

International Air Transport Associations Dangerous Goods Regulations (IATA DGR), 59th Edition – In effect as of 01/01/2018

Changes include:

  • Stricter requirements regarding air-shipment of lithium batteries

  • A re-organized list of Class 9 materials (see Subsection 3.9.1)

  • A new list forecasting changes for air shippers in 2019 (Appenix I).

Furthermore, IATA has already published an addendum to this year’s DGR that impacts air shippers and airline passengers alike, so look for that as well.

2016 International Maritime Dangerous Goods Code (IMDG Code) — Updates in effect as of 01/01/2018

Reinforces updates that were made in the 2016 edition. Compliance to these updates was voluntary last year, as of this year they are officially mandatory.

Rules include:

  • New dangerous goods marking and labeling criteria

  • New packing instructions for certain shipments of engines, lithium batteries and aerosols

  • Adjustments to the IMDG Code Dangerous Goods list

Coming soon:

Enhanced Safety Provisions for Lithium Batteries by Air (RIN 2137-AF20)  — Expected 02/2018

This Interim Final Rule will harmonize the 49 CFR hazmat regulations with evolving international standards for the air shipment of lithium batteries. International requirements already in effect under the latest IATA DGR will be adopted into 49 CFR.

Rules include:

  • Prohibiting lithium-ion cells and batteries as cargo on passenger aircraft

  • Limiting state-of-charge to 30%

  • Limiting the use of alternate provisions for small cells or batteries by air

Response to Industry Petitions (RIN 2137-AF09) — Expected 02/2018

Currently, parties must petition US DOT to amend, remove or add hazmat regulations to enhance safety/efficiency for shippers and carriers. In 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) plans to address 19 of these petitions. This response will likely include new amendments and rules.

 

Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RIN 2137-AE80) — Expected 04/2018

Likewise, DOT will address various petitions from industry stakeholders. These petitions pertain to the manufacture, maintenance and use of DOT specification cylinders. This ruling will incorporate two existing hazmat special permits into the 49 CFR Hazardous Materials Regulations (HMR)

 

EPA’s Electronic Hazardous Waste Manifest System — Roll-out to begin 06/2018

The Hazardous Waste Manifest is a shipping paper required for the transport of hazardous waste, and hazardous waste is regulated in transport by US DOT. While this rulemaking has implications across various industries, here are the consequences specific to hazmat shippers:

The new e-Manifest system will be rolled out on/by June 30th. The EPA plans to utilize the e-Manifest to collect domestic hazardous waste manifests and domestic shipments of State-only regulated hazardous wastes. The e-Manifest system will be funded via user fees for the treatment, storage, and disposal facilities and State-only waste receiving facilities.

Oil Spill Response Plans for High-Hazard Flammable Trains (RIN 2137-AF08) — Expected 07/2018

A Final Rule from DOT to expand the applicability of oil spill response plans for trains transporting Class 3 flammable liquids in specific volumes and orientations across the train. This requirement will apply to High-Hazard Flammable Trains (HHFTs).

These are just the new hazmat rules that are already on the horizon. As always, Skolnik will continue to monitor future regulations or updates that may impact operations, shippers, brokers and carriers, and we encourage all other dangerous goods professionals to do the same.

Doing your due diligence now can prevent a disaster (or hefty fine) later.