ICC Compliance Center
Looking Forward to 2019

At the start of each new year lots of things are said about changes to make in order for the next year to be better. Many make resolutions about losing weight or getting healthy. Others decide to be nicer to people, spend more time with family or volunteer. It doesn’t mean the previous year was bad, but things can always get better. Let’s look at this from a regulatory compliance point of view, and see if things will be better in 2019.

Changes to Regulations:

Starting January 1, 2019 there is a new version of the IATA Dangerous Goods Regulations. You must now be using the 60th edition. Luckily, IATA does a great job of giving advanced notice about what is changing late in 2018 so people can start to prepare before the new version takes effect. You can see the list of “significant” changes here. The IMDG Code was also updated for 2019. The new version is the 39-18 Amendment. You are allowed to use the 39-18 starting in January 2019, but the older 38-16 version is still viable for the rest of this year. Again, a summary of the changes for that regulation was published as well. You can find them here. The US ground regulations of 49 CFR had a few amendments throughout 2018, and there is a large one looming for 2019. To stay up-to-date 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…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 15

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.

Hazardous Waste and DOT

Q. Do I have to have hazardous materials training if I ship out hazardous waste?
A.Yes. If a person is shipping an EPA-regulated hazardous waste and that waste is required to be shipped on a manifest, then that material is subject to the DOT Hazardous Materials Regulations. In fact, there is a specifically worded certification statement on the manifest that certifies that the shipment complies with all applicable DOT requirements.

Wording on the Battery

Q. Do the words “Lithium Battery” have to be on the actual battery?
A. No, there is no requirement in the regulations to have those words on there. However, almost all of the transport regulations have added the requirement to include the watt-hour or gram content on the outer cases of said batteries.

HMIS

Q. I have some questions about HMIS ratings. Do you know where I can find more information on that? I’m having a hard time determining what PPE is needed at my facility.
A. We offer HMIS ratings as a service at ICC. As to the PPE component, the better course of action is to use the SDS and any risk assessment data at the facility to make those determination. Continue Reading…
Single Packaging
The Importance of Packing Instructions

Simon Says . . . It’s All About Following Directions

An experienced shipper knows that in order to be compliant for HazMat or Dangerous Goods shipping, packaging designs have to be subjected to performance testing. In fact, this should be something that even new shippers learn during their training. This testing is meant to simulate conditions that the package could encounter during typical transport operations.

Did you know that there are requirements to be followed even after the testing is complete and the packaging is marked as meeting the appropriate specifications? In a game of Simon Says, all players must do whatever Simon says. Packaging manufacturers are like Simon, they must provide proper instructions to customers so that they are able to assemble and use the packaging correctly. The packaging must be assembled in the same manner as it was during the testing process. If not, the shipment could be considered non-compliant.

The certification provided for the packaging is only good for the exact configuration that was tested. This is especially critical for combination packagings which can have numerous parts necessary to make a complete package. Making even minor changes to that configuration means there is no way to know for sure if it would still pass the testing criteria. Using specification packaging is much like a game of Simon Says . . . one wrong move and you Continue Reading…

Danger Placard
Remembering Placards

Mnemonic Devices

How do you remember the meaning of something? Do you try to KISS it where KISS stands for – Keep It Simple Silly? Do you use mnemonics from elementary school and even through college to trigger your memory? I do, and boy how they make things easier. I bet you can remember ROY G BIV, the colors of the rainbow from art class. Music class they gave us easy ways to remember the treble clef with Every Good Boy Does Fine for the lines on the staff and FACE for the spaces. One of my favorites however, is PEMDAS to help remember the order of operations in math!

I am always looking for a fun way to help reinforce my memory. In the hazardous transportation industry there are so many things to remember or define. Oh and the acronyms!

What is a Placard?

Let’s take a look at placards. What is a placard? As defined in the Merriam – Webster dictionary a placard is defined as:

a large notice or sign put up in a public place or carried by people

Placards provide pertinent information about an area, a specific instruction, or a hazard. Placards are used in work places to communicate to people of special operating procedures. Placards are also used in transportation to warn of hazards that are present in a truck on the road, in a rail Continue Reading…

Why You Need the Most Updated Regulatory Texts

The Bible, Shakespeare and Transport Regulations

“Woe is me” is a phrase heard by many. It basically means someone is unhappy or distressed. The Bible uses this phrase in several locations including Job 10:15, Isaiah 6:5 and Psalms 120:5. Shakespeare later used this same expression when writing for his tragic character Ophelia in “Hamlet”. Existing and operating in the world of regulations can also bring on this feeling. It is difficult enough learning the basics of any regulation, but to truly “know” it takes time, patience and work. This process is complicated by the fact that many regulations change. Is it really necessary to have the newest, latest regulation? To answer that question it is time to look to the regulations.

International Air Transport Association (IATA):

For many, these are the Air Regulations. In this instance, the regulation is updated YEARLY. A new edition goes into effect on January 1st of any given year and ends on December 31st of that same year. The Regulation is currently on its 56th Edition. To showcase some of the changes that could apply to a variety of shippers, please read the following:

  1. The List of Dangerous Goods has new entries and/or updates to existing substances
  2. Packing Instructions for Lithium Batteries was updated to include not only a change but also a new addition
  3. Section 7 – Marking and Labeling for Limited Quantities has new information

Continue Reading…

No Harmonization for Combustible Liquids in the US

On May 30, 2012, the DOT rescinded an April 2010 ANPRM regarding Combustible Liquids. The DOT was soliciting comments whether to consider harmonization of the Hazardous Material Regulations (HMR) applicable to the transport of combustible liquids with the international transportation standards as seen in the UN Recommendations.

The ANPRM was to invite public comments on the amendment to the HMR, and make recommendations on how to revise, clarify or relax requirements to facilitate transport and still ensure safety.

Under the HMR, when packaged in non-bulk packagings, a material with a flash point of 100 -140 oF may be reclassed as combustible liquids and are not subject to the HMR when transported by highway or rail. These materials ARE regulated as flammable liquids when transported by vessel under the International Maritime Dangerous Goods (IMDG) Code and by aircraft under the International Civil Aviation Organization’s Technical Instructions (ICAO Technical Instructions). In addition, there are some exemptions for combustible liquids when transported domestically in bulk quantities.

The classification system in the UN Recommendations has no combustible liquid category or hazard class. The domestic regulation of these materials is in conflict and may be confusing to both domestic and international shippers and carriers of flammable and combustible liquid shipments.

The Results are In

The majority of the commenters opposed harmonization and elimination of the combustible liquid classification and expressed support for the non-bulk and bulk Continue Reading…

Update to CSA 2019 – 10 years later

What is it? Comprehensive Safety Analysis 2010 (CSA 2010) is a program being rolled out by the Federal Motor Carrier Safety Administration (FMCSA) to improve truck and bus safety. The aim is to reduce commercial vehicle incidents, injuries and fatalities.

FMCSA incorporates several key properties:

  • Flexibility – recognizes changes in technology and the environment
  • Efficiency – improves Federal and State enforcement
  • Effectiveness – aims to improve safety performance
  • Innovation – use of technology to track and measure data
  • Equitability – ensures consistent treatment.

Some of the BASIC (Behavior Analysis and Safety Improvement Categories) the FMCSA will look at are:

  • unsafe driving – driving infractions, i.e. speeding, reckless driving, etc.
  • driver fatigue – drivers who are tired, ill or not in compliance with hours of service (HOS)
  • driver fitness – lack of training, medical certification and/or experience
  • alcohol/controlled substances – under the influence of alcohol, controlled substances and/or abuse of over the counter medications
  • vehicle maintenance – improper or lack of maintenance
  • improper load securement – unsafe handling of dangerous goods, load shifting, etc.

The system will assess information gathered through safety data collection and can result in interventions such as:

  • early contact
  • investigations
  • follow-ups, or
  • unfit suspensions.

The goal is that by the end of 2010, the roads will be safer for everyone.

Further information can be found at: http://csa2010.fmcsa.dot.gov/Documents/SMSMethodologyVersion1_2Final_2009_06_18.pdf

2009 COSTHA Forum

This year’s COSTHA Forum was held in Long Beach, California from March 29 – April 1.

Some of the speakers were:

  • Geoff Leach, Civil Aviation Authority, UK
  • Janet McLaughlin, Divisions Manager, US DOT FAA
  • Duane Pfund, Director International Standards, US DOT PHMSA
  • Robert Richard, Deputy Associate Administrator, US DOT PHMSA
  • Brendan Sullivan, Manager, Cargo Standards, IATA
  • William Schoonover, Federal Railroad Administration
  • Dave Madsen, Hazmat Analyst, AutoLiv, Inc.
  • L’Gena Prevatt, Delta Air Lines, Inc.
  • Josefine Gullo, Swedish Rescue Services Agency
  • Chen Zhegcai, Director of Transport and Safety, Ministry of Transport, China
  • Sean Broderick, Regulatory Compliance Manager, Procter & Gamble

and the list goes on. But in looking at the list, someone is missing.

There were two federal agencies from over the pond—UK and Sweden—plus one federal agency from half way around the world – China.

The federal agency that was conspicuous by its absence, Transport Canada, is right next door to the host country. Where were they? In this time of harmonization of regulations, it would have been nice to have representation from Transport Canada to give the Canadian perspective on this issue.