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September 2003 Newsletter
News Archive
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Some critical dates that you can not ignore -

September 25, 2003 - If you are required to be registered with the U.S.D.O.T./RSPA as a Offeror or Carrier of Hazmats (Dangerous Goods) you must have a formal security program prepared and in place by September 25th.

The highlights are as follows:

(We have edited U.S. 49CFR 172.800 through 172.802 for brevity)

By September 25, 2003, each person who offers for transportation in commerce or transports in commerce one or more of the following hazardous materials must develop and adhere to a security plan for hazardous materials that conforms to the requirements of this subpart:

(1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in § 173.403 of this subchapter, in a motor vehicle, rail car, or freight container;

(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container;

(3) More than one L (1.06 qt) per package of a material poisonous by inhalation, as defined in § 171.8 of this subchapter, that meets the criteria for Hazard Zone A, as specified in § 173.116(a)or 173.133(a) of this subchapter;

(4) A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;

(5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class under the provisions of subpart F of this part;

(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73; or

(7) A quantity of hazardous material that requires placarding under the provisions of subpart F of this part.

At a minimum, a security plan must include the following elements:
(1) Personnel security. Measures to confirm information provided by job applicants hired for positions that involve access to and handling of the hazardous materials covered by the security plan.

(2) Unauthorized access. Measures to address the assessed risk that unauthorized persons may gain access to the hazardous materials covered by the security plan or transport conveyances being prepared for transportation of the hazardous materials covered by the security plan.

(3) En route security. Measures to address the assessed security risks of shipments of hazardous materials covered by the security plan en route from origin to destination, including shipments stored incidental to movement.

(b) The security plan must be in writing and must be retained for as long as it remains in effect. Copies of the security plan, or portions thereof, must be available to the employees who are responsible for implementing it, consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know. The security plan must be revised and updated as necessary to reflect changing circumstances. When the security plan is updated or revised, all copies of the plan must be maintained as of the date of the most recent revision.

January 1, 2004 -
The Air Eligibility Mark

This mark will be required on all packages of dangerous goods that are offered for shipment by air with the exception of "Dangerous Goods in Excepted Quantities" (see IATA 2.7 for Excepted Quantities and 49CFR 173.4 for small quantity exceptions).

Be careful. Don't be cavalier about that mark. The mark means that the person who places the mark on a package is certifying that all the extra packaging requirements for air have been complied with. This includes such items as a leak proof liners for hazardous liquids in combination packaging; compatibility of the packaging with the dangerous goods that are being shipped; requirements for absorbent material; positive means of holding closures, stoppers, corks, and friction-type lids in place; the quantity limitations for inner and outer packagings; the ability for inner packagings of dangerous liquids to withstand inner vapor pressure requirements; the ability to withstand vibration, pressurization and temperature changes. The mark also means that the packages were specifically tested for shipment by air.

U.S. Domestic shippers that ship "Consumer Commodity - ORM-D" and air shippers of "Consumer Commodity, ID 8000" should pay particular attention to this mark. For more information about the Air Eligibility symbol refer to our April 2002 newsletter. Click on

Dangerous Goods Advisory Council -

If you have been reading our newsletters, every newsletter since November 2001, with the lone exception of our April 2002 Newsletter, has dealt with security issues in one form or another. In one newsletter we quoted a line from a long ago radio-movie-TV comic by the name of Jimmy Durante. Most of our younger website visitors never heard of him. The quote was "Everybody is trying to get into the act." It is still appropriate almost a year later. Much of the dangerous goods shippers and carriers bewilderment is due to the fact that almost every single U.S. Government Agency and local governments have enacted a security program. Most of those programs are at odds with each other. Some appear to be impossible to live with and to carry on any semblance of routine business. And it is indeed difficult to understand them all. The Dangerous Goods Advisory Council will help us understand the most difficult of these security initiatives - U.S. D.O.T./RSPA HM-232.

The conference will be held in Arlington, Virginia on November 13 & 14, 2003. DGAC Members and interested and frustrated non-members are welcome. We recommend that all of our website visitors attend this important conference. We hope to see you there.

For more information about the conference, click on the following -

"Navigating the Maze of Dangerous Goods Regulations"

2003 DGAC Annual Conference and Hazardous Materials Transportation Exposition, November 13 & 14, 2003, Arlington VA

The events of September 11, 2001, had a dramatic impact on the regulations that govern the transportation of hazardous materials. The publication of the US Department of Transportation's Security Requirements for Offerors and Transporters of Hazardous Materials has given the hazmat transportation industry cause for concern regarding their implementation. Regulators and industry representatives from all modes will be on hand to discuss the impact on new security/safety issues. The conference will be held at the Hyatt Regency Crystal City, 2799 Jefferson Davis Highway, Arlington VA 22202, 702/418-1234.

Our Links - Our Vendors

Pro-Active Translations was started by a research scientist who recognized that medical information, training manuals, government reports and other critical data had to be translated into many different languages. We appreciate their ability to help us whenever we have a translation problem or need background information on infectious substances and genetically modified micro-organisms.

Hazmat Packager & Shipper is a trade magazine for the chemical transportation industry. The publisher, Vincent Vitollo, provides outstanding articles that we find so helpful that we probably should put him on our staff. We are proud to say that we were one of his early subscribers and it is very satisfying to see a friend and colleague provide very valuable services to those of us responsible for transportation safety. His technical staff is superb and their articles are always timely.

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