Another PHMSA Penalty Increase

In the dangerous goods world things can change fast, so it is very important to be aware of the most up-to-the-minute changes. Much like in the video below, this can feel like an endless chase, but nevertheless we have to keep up the pace to stay within compliance of the changing regulations.

This not only goes for the regulations themselves, but also the penalties involved with being out of compliance. In Subpart D of Part 107 Hazardous Materials Program Procedures, there is a section entitled Enforcement, which outlines the civil and criminal penalties in the event you are non-compliant with the regulations. Being a federal agency, PHMSA must adjust their penalty rates each year to account for inflation. As of Tuesday, November 27, 2018, the new penalty rates officially go into effect. For this year it is a simple calculation, multiply the existing penalty by 1.02041, round up, and this will give you the new penalty.

For example:

  • A violation of hazardous materials transportation law under 49 U.S.C. 5123(a)(1) is going from $78,376 to $79,976.
  • A violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction under 49 U.S.C. 5123(a)(2) is going from $182,877 to $186,610.

A complete list of the penalty rate changes can be found at the link below:

https://www.gpo.gov/fdsys/pkg/FR-2018-11-27/pdf/2018-24930.pdf

Why is this an issue? If you have the latest hardcopy of the 49 Continue Reading…

dangerous goods forms, IATA, IMDG, 49 CFR, TDG documentation
Inner quantities on the IMO declaration…do you need to add it?

For many of us who have been preparing international ocean shipments for sometime now we know that the requirements of what needs to be included on the IMO declaration hasn’t changed all that much.   

One of the biggest frustrations is when carriers or agents of carriers reject the IMO declaration because the inner quantity information is not provided on the actual declaration. I know carriers need to enter information in their internal system for acceptance of shipments (DG or not), and perhaps the system requires the breakdown of inner packaging but why is the IMO declaration being rejected? This information can be provided on an alternate document (i.e., packing list).

As per section 5.4.1.5.1 of the IMDG Code “The number, type and capacity of each inner packaging within the outer packaging of a combination packaging is not required to be indicated.” The Code never asked for it; however, a few editions back, “they” clarified it by adding the above quoted note. And I for one am grateful for it because now when someone comes back stating the declaration is incorrect, I just scan, highlight this section from the Code, and email it to them. I am not trying to be a smart-ass, but for me it’s about educating others. They can read that specific section to avoid future hindrance with others. This goes for me as well. I appreciate it Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: November 19

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

UN Packaging Requirements

Q. Is there any specific testing the inner packages for a combination package has to go through if shipping by ground in the U.S? What is to prevent the manufacture and distribution of cans that are not adequately leak-proof?
A. From a UN testing standpoint, if the inner packaging of a combination package wasn’t leak-proof, it would likely fail the drop testing because any leaking of the inner packaging during UN combination testing would be considered a failure. It is up to the shipper of the paint cans to use inner packaging that is equal or stronger in performance than the inner packaging used during the UN testing per 49 CFR 178.601(g)(1). There is a leak-proof test and hydrostatic pressure test per 178.604 and 178.605, but neither is technically required for inner packaging of a combination package. If shipping by air it is a little different, as the inner packaging “must be capable” of withstanding a hydrostatic pressure differential of 95 kPa per 173.27(c)(2).

Electric vehicles

Q. I am shipping electric vehicles in the US. They will be shipped with the batteries in them, but the batteries could also be shipped separately. The vehicle Continue Reading…
ICC Compliance Center
Ed Mazzullo Honored at 40th DGAC Annual Summit and Exposition
Ed Mazzullo Honored at 40th DGAC Annual Summit and Exposition

If you’ve ever applied for an interpretation from the U.S. Department of Transportation, or even looked one up online, chances are you’ve found a solution to your problem in a letter signed by Edward Mazzullo, longtime Director of the Office of Hazardous Materials Standards of the U.S. Department of Transportation (DOT). Mr. Mazzullo’s commitment to clarifying the complexities of the Hazardous Materials Regulations, as well as his career devoted to developing and improving regulatory standards, has resulted in him being awarded the George L. Wilson Award by the Dangerous Goods Advisory Council (DGAC) at its 40th Annual Summit and Exposition in Arlington, VA.

Each year, DGAC, a major organization for the education of the private and public sectors on transport of dangerous goods issues, presents the George L. Wilson Award to an individual, organization or company that has demonstrated outstanding achievement in the field of hazardous materials transportation safety. Previous winners include former members of the DOT, but also representatives of industry, and international representatives such as Linda Hume-Sastre, who labored for many years on the Transportation of Dangerous Goods Regulations for Transport Canada. Even CHEMTREC, the well-known emergency information service, has received the award.

DGAC presented the award to Mr. Mazzullo at a lunch attended by many hazardous materials professionals who have benefitted from his guidance through the years. We applaud his long service, and dedication to Continue Reading…