
On September 13, 2011, PHMSA published the current 180-day special permit application list in the Federal Register. Under 49 U.S.C. 5117(c), PHMSA is required to give notice to the public of Special Permit applications which have been under review for issuance or renewal for longer than 180 days. The list includes initial Special Permit applications as well as modification, renewal, and party status requests. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. The full notice can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-22942.pdf
PHMSA also published HM-244D, a corrections document in the September 13, 2011 Federal Register. PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical errors, outdated addresses or other contact information, and similar errors. In the final rule, PHMSA is correcting typographical errors, incorrect CFR references and citations, inconsistent use of terminology, misstatements of certain regulatory requirements, inadvertent omissions of information and outdated transition dates. The full Final Rule can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-23167.pdf
Part 171.1 of 49 CFR discusses applicability of the Hazardous Materials Regulations (HMR) to persons and functions. These functions include pre transportation activity involved in identifying and preparing hazardous materials shipment. It is the duty of each hazmat employer to comply with the applicable requirements of the regulations and to thoroughly instruct each hazmat employee.
In addition, the International Air Transport Association (IATA) includes provisions that acceptance staff be able to detect and identify hazardous materials that may be found in baggage. Found in each of these regulations are training requirements to inform individuals of the risks involved and provide a detailed understanding of the regulations.
To illustrate the continuing need for compliance awareness and training, the FAA is proposing to fine a Florida company $168,000 for offering for transport a soldering iron in passenger cargo that contained butane fuel. The company allegedly offered the material for transport without the proper classification, packaging and labeling requirements in the regulations.
Training and the awareness provided gives employers and employees the knowledge to be current, compliant and reduce the associated risks for the company and public at large.
TDG 4.15(2) is up for discussion again. Transport Canada is stating that a change to the regs is being considered and it should harmonize with 49 CFR.
Transport Canada is also suggesting that the "inspector community" should take the least restrictive of options available in TDG, i.e. return to using the DANGER placard.
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Although there is reciprocity between Canada and the U.S., effective September 1, 2008, the hazard labels the U.S. use for Class 2.3 and Class 6.1, PG I will not be accepted in Canada:
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