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September 2005 Newsletter
News Archive
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Hurricane Katrina
On a few occasions we have had the opportunity to anticipate wonderfully pleasant trips to New Orleans. Great restaurants. Great entertainment. Friendly citizens. Always a warm welcome.

As you know, on the morning of August 29 a Category Four Hurricane hit New Orleans and the Louisiana-Mississippi-Alabama gulf coast region of the United States. Katrina dealt a terrible blow to the region and as we finish up this newsletter four days later, conditions have worsened with the entire city of New Orleans having to be evacuated. Although other metropolitan and rural areas have not received as much TV and news coverage, they too are suffering.

We have witnessed spectacular rescues via the miracle of TV and we have seen the terrible scene of dead bodies laying in the streets. We can only imagine the real pain and suffering of the survivors. Families have been torn apart with no way to communicate their whereabouts to each other. People have been relocated to distant areas with no information about their immediate or extended families.

If you can afford to donate money, please donate to the Salvation Army or the Red Cross or any of the traditional religious charitable and relief organizations. Be cautious about Internet solicitations. They may be a scam.

Related to this terrible tragedy....

DGAC's 27 Annual Conference -
New Orleans, Louisiana

-- NEWS UPDATE FROM DGAC --
We have been informed that the Inter-Continental Hotel in New Orleans will not be open to host our Conference in November. At this point we are still planning to hold the Conference in its entirety and are in the process of looking for an alternate location. We understand the need to keep this process moving along as quickly as possible, and will keep you informed of any new decisions.

DGAC would like to thank all of you for your patience and understanding in this matter. Please stay tuned to this site for updates.

The main theme of this conference is Hazmat Transportation for imports and exports as well as cyber security. Various government and industry presentations are planned with a special presentation dealing with events in Asia and Canada. A special feature - a Federal Forum - will include U.S. Representatives from PHMSA, FRA, FMCSA, FAA and USCG with an opportunity to ask them questions directly. It's guaranteed to be both interesting and informative.

We had hoped to see you there. Check the DGAC website at www.dgac.org for updates.
-- NEWS UPDATE --
September 8, 2005

We are relocating DGAC's 27th Annual Conference and Hazardous Materials Transportation Exposition to Atlanta , Georgia on the same dates as listed in the previous conference program.

The HMT-155 and HMT-600 training classes will be held as scheduled on November 7 and 8 in Atlanta .

Our new hotel venue is the InterContinental Buckhead Atlanta, 3315 Peachtree Road, NE , Atlanta , GA 30326 We will publish the hotel number on Monday, September 12. PLEASE DO NOT CALL BEFORE THIS DATE TO MAKE A RESERVATION.

If you previously made a reservation at the New Orleans InterContinental Hotel, consider it cancelled. If you pre-paid, the hotel will be giving refunds once their system is restarted.

Information for Exhibitors will be published soon.

We thank you all for your patience throughout this process. Our hearts go out to the citizens of the gulf coast and all of those affected by this disaster.

IATA Addendum IV -
On August 18 IATA issued its fourth addendum to the 46th Edition of the Dangerous Goods Regulations. (2005 Edition).

You can get the addendum by downloading it at http://www.iata.org/whatwedo/dangerous_goods/download.htm

If you missed the three earlier addenda you can also download them at the above IATA link.

The four addenda now total 22 pages of additions, changes and corrections since January 2005. We can't recall any other year when so many changes or corrections have occurred.

For our website visitors dealing with U.S. issues, an addition to USG-02 updates the recent U.S.-mandated restrictions for primary lithium batteries (non-rechargeable batteries).

There are a number of changes or additions to State and Operator Variations as well as changes to individual entries throughout the regulations.

A very significant change in IATA has been increasing the gross mass (gross weight) of a package of Consumer Commodity, ID 8000.

Effective immediately the new gross mass limit per package for ID 8000 has been increased to 30 kgs. (66 lbs.). This change is consistent with ICAO and the U.S. version of Consumer Commodity, ORM-D, and other air, highway, rail, and ocean regulations for Limited Quantities.

We would point out that the ICAO & IATA versions of Consumer Commodity, ID 8000 and the U.S. version of Consumer Commodity, ORM-D are not identical. Refer to our April 2002 Newsletter for detailed information. Click here for the earlier newsletter: http://www.r-a-specialists.com/news/2002/0204.shtml

Hazmat/Dangerous Goods Transportation Training
Check your training records. Our training programs for the balance of 2005 -
Dangerous Goods by Ocean - Recurrent Training - October 18
Dangerous Goods by Ocean - Initial Training - October 25-26-27
Dangerous Goods by Air - Recurrent Training - November 29
Dangerous Goods by Air - Initial Training - December 6-7-8

In-house training is available for groups of 10 employees or more.

Watch for future newsletters for our 2006 schedule and new training initiatives.

Pet Peeve # 3 - (check our old newsletters for #1 and #2)
Directed at consumer-type industries:
Why don't you include transportation personnel in product development projects? We witness first-hand where R&D collaborates with marketing and packaging engineers and together they often forget about potential hazardous materials issues and resulting distribution problems. And, while we are at it, why don't you consider "transportation" as a very important part of the Material Safety Data Sheets?

24-hour Emergency Phone Contact -
By now we would have thought that there would be no confusion concerning the requirements for a 24 hour emergency phone number. It all started with the U.S. Regulations - 49CFR in June of 1989. There have been 7 mostly minor amendments to the rule so far. Similar versions of the rule have been enacted by at least 5 other nations and 10 airlines and a number of foreign flag ocean carriers. Other nations and carriers are considering added such a requirement to their own national legislation. A significant number of those states and operators exempt magnetized material and dangerous goods for which no dangerous goods declaration is required.

It was a main topic of the law in relation to the Solar case mentioned in a number of earlier newsletters.

The "daddy" of the requirement is 49CFR, U.S. Code of Federal Regulations. It reads:

(continued on next column)

 

172.604
Emergency response telephone number.
172.604(a)


(a) A person who offers a hazardous material for transportation must provide an emergency response telephone number, including the area code or international access code, for use in the event of an emergency involving the hazardous material. The telephone number must be -

172.604(a)(1)
(1) Monitored at all times the hazardous material is in transportation, including storage incidental to transportation;

172.604(a)(2)
(2) The telephone number of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of paragraph (a) of this section; and

172.604(a)(3)
(3) Entered on a shipping paper, as follows:
172.604(a)(3)(i)
(i) Immediately following the description of the hazardous material required by subpart C of this part; or

172.604(a)(3)(ii)
(ii) Entered once on the shipping paper in a clearly visible location. This provision may be used only if the telephone number applies to each hazardous material entered on the shipping paper, and if it is indicated that the telephone number is for emergency response information (for example: ``EMERGENCY CONTACT: * * *).

172.604(b)
(b) The telephone number required by paragraph (a) of this section must be the number of the person offering the hazardous material for transportation or the number of an agency or organization capable of, and accepting responsibility for, providing the detailed information concerning the hazardous material. A person offering a hazardous material for transportation who lists the telephone number of an agency or organization shall ensure that agency or organization has received current information on the material, as required by paragraph (a)(2) of this section before it is offered for transportation.

172.604(c)
(c) The requirements of this section do not apply to-
172.604(c)(1)
(1) Hazardous materials that are offered for transportation under the provisions applicable to limited quantities; and

172.604(c)(2)
(2) Materials properly described under the following shipping names:
Battery powered equipment
Battery powered vehicle
Carbon dioxide, solid
Castor bean
Castor flake
Castor meal
Castor pomace
Consumer commodity
Dry ice
Engines, internal combustion
Fish meal, stabilized
Fish scrap, stabilized
Refrigerating machine
Vehicle, flammable gas powered
Vehicle, flammable liquid powered
Wheelchair, electric

Most of the other nations and carriers do not allow for an exception to the rule as in 172.604(c)(2) (above).

We would point out that there is a requirement in 172.604 (a) 49CFR for international access codes and local area codes. Although this was meant to be access and area codes used for the 24 hour number for imports into the U.S., in other countries those access codes are mandatory, which makes good sense. We recommend that the 24 hour number, with the access codes, be supplied on every dangerous goods document, even when the destination country or the flag carrier does not demand it.

Reminder: Except for Canada, the toll free (800 numbers) frequently used within the U.S. can not be dialed from other parts of the world.

U.S. Truckers:
Reminder - as your CDL and Hazmat Endorsement come due for renewal, do not drag your feet in filing for that renewal. You will have to be fingerprinted and go through a background check before the license and endorsement will be issued. Some U.S. States are experiencing delays in the process. Start the renewal procedure as soon as you get the notification.

New Hours of Service Regulations -
Allows some relaxation of the rules issued in 2003 and effective in January 2004. The new rules become effective on October 1, 2005.

From the FMCSA Website this is a brief recap of the changes:
HOURS-OF-SERVICE RULES
2003 Rule
Property-Carrying CMV Drivers
Compliance Through 09/30/05
2005 Rule
Property-Carrying CMV Drivers
Compliance On & After 10/01/05
May drive a maximum of 11 hours after 10 consecutive hours off duty. NO CHANGE
May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty. NO CHANGE
May not drive after 60/70 hours on duty in 7/8 consecutive days.
A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
NO CHANGE
Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours. CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
Passenger-carrying carriers/drivers are not subject to the new hours-of-service rules. These operations must continue to comply with the hours-of-service limitations specified in 49 CFR 395.5.

Short-Haul Provision

Drivers of property-carrying CMVs which do not require a Commercial Driver's License for operation and who operate within a 150 air-mile radius of their normal work reporting location:

  • May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
  • Are not required to keep records-of-duty status (RODS).
  • May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.

Employer must:

  • Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.
Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour exception in 395.1 (o).

For the complete version go to http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-2005.htm
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