February 22, 2011
Message from COSTHA

Dear COSTHA Member:

We are scheduling conference calls to assist in planning the annual meeting presentations. We have found the most successful way to assist speakers, roundtable moderators, and participants in the preparation of their presentations is to hold brief conference calls with the members to solicit input on specific areas of interest.

The following calls have been scheduled and we would appreciate members with interest in the specific areas joining the call. If your schedule precludes your participation in the call please feel free to e-mail us your suggestions - mail@costha.com or call 703-451-4031.

Roundtable and General Session Conference Calls

Multimodal Roundtable

Monday, February 28, 2011

Start Time: 11:30 AM Eastern Std Time

Dial-in Number:  1-213-289-0500     

Participant Access Code 441354

Battery Roundtable

Wednesday, March 02, 2011

Start Time: 1:00 PM Eastern Std Time

Dial-in Number:  1-213-289-0500     

Participant Access Code 441354

NAFTA Mexican Regulations

Wednesday, March 02, 2011

Start Time: 3:00 PM Eastern Std Time

Dial-in Number:  1-213-289-0500     

Participant Access Code 441354

EPA/DOT Developing Technology Roundtable

Thursday, March 03, 2011

Start Time: 12:00 PM Eastern Std Time

Dial-in Number:  1-213-289-0500     

Participant Access Code 441354

Life Sciences

Thursday March 3, 2011

Start Time: 3:00 p.m.

Dial-in Number: 1-213-289-0500

Participant Access Code: 441354

Asian Briefing

Friday, March 04, 2011

Start Time: 11:00 AM Eastern Std Time

Dial-in Number:  1-213-289-0500     
Participant Access Code 73124

South America Update

Tuesday, March 08, 2011

Start Time: 1:00 PM Eastern Std Time

Dial-in Number:  1-213-289-0500     

Participant Access Code 441354

Thank you!

Lara

Contact us - lara@costha.com or call 703-451-4031.

Best Regards,

Lara Currie
Administrator
lara@costha.com

COSTHA 2011 Annual Forum & Expo

2011logo

COSTHA 2011 Annual Forum & Expo

April 10-13, 2011, Scottsdale, Arizona

Hilton Scottsdale

Congratulations to Kim LeBaron, Pinnacle Airlines Corp. - Winner of the suite upgrade at the 2011 COSTHA Annual Forum. Kim sponsored two new COSTHA members and her name was "added to the hat" for a drawing featuring great prizes.

ArizonaRocks

Sponsorship Opportunities at the 2011 COSTHA Annual Forum! Click here for more information.

If you are experiencing difficulty with your hotel reservations, please contact Chris - chris@costha.com

For more information on Platinum Sponsorship at the COSTHA Annual Forum, please contact Chris - chris@costha.com.

Platinum sponsorship is a cost-effective way to get your name out to thousands of industry contacts and help COSTHA put on the most valuable meeting in the dangerous goods transportation industry.

Platinum sponsors receive the first option for exhibit space at the COSTHA meetings.

We are pleased to report that our exhibit space has once again sold out.

Members Inquiry

Do you offer or know of anyone who offers a classification course? If you have any information, please contact mail@costha.com

New Resumes / Job Postings on Website
We have added new job postings and resumes to the COSTHA web site. Have a position or looking for a position? Check the COSTHA Classifieds - http://www.costha.com/information-and-resources/classifieds/
Reverse Logistics Summit

A COSTHA member has passed along the following information in the event that it may be of interest to you or others within your organization.

The Rutgers Center for Supply Chain Management
at Rutgers Business School  
presents a Summit on  
Reverse Logistics

 

DATE:

Friday, March 11, 2011

TIME:

9:30 a.m. - 3:00 p.m.

LOCATION:

Trayes Hall, Douglass Campus Center, Rutgers-Douglass Campus, New Brunswick, NJ


This summit is designed to help attendees understand how good reverse logistics management can make an organization and its supply chains more profitable and efficient.  Moving supply chains towards sustainability will also be discussed by several of the speakers.  If you are looking for help understanding the role that reverse logistics can play in your organization, please join us for this summit.   

  • Space is limited, so reserve your seat early.
  • There is no registration fee for our Center Member companies, Center faculty and Center Ph.D. students.  
  • For all others, the fee is $375 (non-refundable, substitutions permitted), payable by check to the Rutgers Center for Supply Chain Management.  Our mailing address is Center for Supply Chain Management, Rutgers Business School, 1 Washington Park, Newark, NJ  07102-3122.
  • Please contact us directly if you wish to pay by credit card (Visa or MasterCard).
  • To RSVP, please respond by March 7 to cscm@business.rutgers.edu with your name, title, company, business address, phone number, and method of payment.
Asian News

Regulations in Thailand regarding the loading/discharge of DG Cargo have been completely rescinded at this point. Click here to see the Thailand notice (please note that this file is not in English).

English translation in brief are as follows:

 

Announcement from Marine Dept. No. 35/2554

 

Subj:  Repeal Marine Dept.'s announcement No. 273/2553 on the regulations for the loading/discharge of DG cargo

 

According to Marine Dept.'s announcement No. 273/2773 dated 29/9/10 on the regulations for the loading/discharge of DG cargo including announcement No. 335/2553 dated 9/12/10 and No. 4/2554 dated 7/1/11 for the extension of the enforcement of announcement No. 273/2553.

 

In view of insurance policy and related documents are inconsistent with the current situation and in order to maintain to intentions for public protection,  Director of Marine Dept. would announce as follow:

 

1.  To repeal the Marine Dept. 's announcement no. 273/2553 dated 29/9/10  on the regulations for the loading/discharge of DG cargo.

2.  To continue the enforcement of Marine Dept.'s announcement No. 279/2542 dated 30/12/1999

 

The above will be with immediate effect.

 

Announced on 4/2/11

 

Signed by Mr. Tawanrat Oonsiri

Director of Marine Dept.

Australian News

Australia – ORB guidance. The Australian Maritime Safety Authority (AMSA) issued a notice advising that the IMO has developed a new guidance document (MEPC.1/Circ.736) for recording of operations in the Oil Record Book Part 1 – machinery space operations (all ships). The new guidelines are to be applied in conjunction with the amendments to MARPOL Annex I that entered into force on 1 January 2011. Marine Notice 3/2011 (February 15 - Bryant’s Maritime Blog)

EU News

EU to Phase Out Six Substances Under REACH Program. The European Union announced Feb. 17 that within the next three to five years it will ban most usage of the following six substances of very high concern because they are carcinogenic, are toxic for reproduction or persist in the environment and accumulate in living organisms. Full Article... (February 18 - WorldTrade\INTERACTIVE)

Germany has initiated a multilateral special agreement under RID, 3/2011, dealing with the carriage of chemicals under pressure. The agreement is designed to allow early implementation of a decision made by the UN Sub-committee of experts in June 2010 to introduce UN numbers for such shipments and it is intended that the new provisions will be included in the 2013 edition of RID. (February 10 - HCB weekly email news alert)

Canadian Updates

Canadian Regulatory Activity Spreadsheet - February 14, 2011

Regulations Amending the Transportation of Dangerous Goods Regulations (Amendment 10)
Issue and objectives
Paragraph 7.1(b) of the Transportation of Dangerous Goods Act, 1992 (TDG Act) allows the Minister of Transport to authorize a person who has an approved emergency response assistance plan (ERAP) to respond to an actual or anticipated release of dangerous goods if the identity of the person who is required to have an approved ERAP is unknown (e.g. a national security or terrorist event). Section 7.2 of the TDG Act states that the Minister shall compensate any person who is authorized to implement an emergency response assistance plan (ERAP) in accordance with the Regulations.

 

The Transportation of Dangerous Goods Regulations (TDG Regulations) do not currently specify such compensation and industry may not agree to respond to a security (terrorist) incident without a clear understanding of the compensation that is available for the costs incurred during a response.

The objective of the proposed amendments is to provide the Government of Canada with a tool to respond efficiently and effectively to a security (terrorist) incident, where the identity of the person responsible for the actual or anticipated (orphan) release of the dangerous goods is unknown. The objective would be achieved by utilizing the existing ERAP network and infrastructure. The proposed amendments would ensure that the person who agrees to respond to an authorization from the Minister to implement the approved ERAP is aware of the compensation available.
Complete Text

South American Updates

Argentina to Restrict Imports of 200 More Goods. Press reports indicate that within the next several weeks Argentina plans to impose new import restrictions on 200 goods as part of an ongoing effort to protect domestic industries and create jobs. Full Article... (February 18 - WorldTrade\INTERACTIVE)

Air Transportation

Please find below a link to a diagram created by the Civil Aviation Authority, titled "Are Your Spares Dangerous". The chart identifies various components of the aircraft that are regulated in transportation. http://www.caa.co.uk/docs/33/AreYourSparesDangerous.pdf

IATA, ICAO and OAG Cargo have set up a joint website, DGOnline, to help industry access regulatory and transport information. The service combines the IATA Dangerous Goods Regulations, the ICAO Technical Instructions and the ICAO Emergency Response Guidance manual in an electronic format, allowing rapid referencing through a fully searchable database. "This partnership brings together three of the most trusted global organisations in aviation and provides a new way of working for DG professionals," says Dirk De Rooij, executive vice-president of OAG Cargo. A 30-day trial can be obtained via www.dgonline.aero. (February 10 - HCB weekly email news alert)

IATA Memo Regarding Secondary Closures. On 1 January 2011, the 2011-2012 ICAO Technical Instructions became effective.  Included in this new edition was a new wording in Part 4; 1.1.4.1 which requires secondary means of closure retention for liquids.   On 14 January 2011, IATA released a clarification document addressing this paragraph and likely future ICAO actions.  Given that the section is open to an interpretation that the paragraph would apply to all closures, including outer closures on combination packagings, IATA believes ICAO will clarify in a future communication that the paragraph is intended to apply only to closures of inner packagings containing liquids.  However, this correction will not appear in text until the 2013-2014 edition. IATA has subsequently adopted the clarification in their IATA DGR Paragraph 5.0.2.7.2 clarifying the requirement applies only to inner packagings containing liquids.  Click here to read the full IATA guidance letter containing the new text.

Shippers should be more hands-on when using air freight. ESC claims simply outsourcing services can be 'unwise'. (February 14 - IFW E-Bulletin)

100 % screening 'needs standardised rules'. 100% cargo screening unlikely unless standard global security rules are agreed. (February 8 - IFW E-Bulletin)

FAA lets Jet Blue planes use satellite-based technology. Federal officials announced February 2 that JetBlue planes would begin using new satellite-based technology, so air traffic controllers could keep tabs on equipped planes at all times using a GPS-based system, rather than World War II-era radar technology. The “Next Generation” flight control system should help to boost on-time performance and avoid sky gridlock. The agreement with the Federal Aviation Administration will equip as many as 35 planes beginning in 2012, with the hope to install GPS nationwide to meet growing demand and eliminate blind spots in flight control. Click here for more information. (February 3 - NY1 News, National)  

Road & Rail Transportation

National Freight Transportation Policy is Goal of New Senate Bill. Three senators introduced Feb. 16 legislation that would establish a first-ever "comprehensive national freight transportation policy" to support the "quick and cost-effective movement of goods" and thus boost the United States' global economic competitiveness. Full Article... (February 18 - WorldTrade\INTERACTIVE)


Tanker truck carrying hydrogen catches fire on I-10.
A portion of I-10 was closed February 8 after a truck carrying hydrogen gas overturned and exploded near Winnie, Texas. Authorities said the driver, who was hauling 10 tubes filled with hydrogen gas to a distributor, was heading east on I-10. The highway was closed for several hours. No injuries were reported. Click here for more information. (February 12 - KHOU 11 Houston; KFDM 6 Beaumont, Texas)

 

I-44 reopens after hazardous chemical spill near St. Clair, MO. Interstate 44 reopened after a chemical spill near St. Clair, Missouri, shut down a portion of the highway February 11. According to officials, a large quantity of hydrofluoric acid and ammonia started leaking from a semi truck trailer. It started with the truck driver stopping at the rest area and being overcome by the fumes. His 911 call triggered a massive response from fire departments across Franklin and Jefferson counties. Officials said the truck was legally hauling the ammonia and hydrofluoric acid. The chemicals were stored in containers and were being taken to an unknown company for disposal. The driver of the truck suffered minor chemical inhalation injuries. Click here for more information. (February 11 - KMOV 4 St. Louis, Missouri)  

 
Train cars derail in St. Clair County, spilling chemicals.
At least two Canadian National train cars carrying ammonia nitrate derailed in St. Clair County, Michigan. Mussey Township fire officials said the accident happened about 1 a.m. February 7 near Capac. No injuries or evacuations were reported. Emergency management teams were requested from St. Clair County. Click here for more information. (February 7 - Associated Press, Michigan)  

Tanker truck hauling carbon dioxide crashes on Thruway in Bronx, sparks fire, brief evacuation. A tanker truck hauling carbon dioxide veered off the New England Thruway in the Bronx, New York February 8 and landed on a tree-lined slope, sparking a fire and forcing some residents to evacuate their homes briefly. The accident occurred shortly before 3 a.m. when a truck traveling north on the Thruway (I-95) near the Hutchinson Parkway turnoff in Pelham struck something and careened off the road, authorities said. The crash ignited a tree, and fire crews arrived quickly to battle the blaze. A hazardous materials team emptied the gas from the container as a precaution, a source at the scene said. Click here for more information. (February 8 - New York Daily News, New York)

Water Transportation

New Zealand - proposed amendments re stowage and securing of cargoes. Maritime New Zealand issued a notice starting that it is seeking comments on potential amendments to its rules concerning carriage of cargoes - stowage and securing.  The proposed changes are intended to ensure that the rules apply to carriage of semi-trailers.  Comments should be submitted by 1 April.  (February 17 – Bryant’s Maritime Blog)

Shipping Industry to Get Economic and Regulatory Relief from FMC. The Federal Maritime Commission has announced that at a Feb. 16 meeting it took several steps to reduce regulatory burdens and bring cost savings and flexibility to the shipping industry and the customers they serve. Full Article... (February 18 - WorldTrade\INTERACTIVE)

USCG – bulk solid hazardous materials. The US Coast Guard issued a notice stating that the information collection requirements associated with its October 19, 2010 rule governing carriage of solid hazardous materials in bulk to allow use of the IMSBC Code as an equivalent form of compliance has been approved. 76 Fed. Reg. 8658 (February 15 - Bryant’s Maritime Blog)

USCG – response plans for hazardous substance spills. The US Coast Guard is reopening, through May 18, the period within which to submit comments on the previously proposed rules regarding tank vessel response plans for hazardous substances and marine transportation-related facility response plans for hazardous substances. 76 Fed. Reg. 9276 (February 17 – Bryant’s Maritime Blog)

DHS - B-1 (TWIC) visa established. The Department of Homeland Security (DHS) issued a news release stating that it and the Department of State have established an annotated version of the B-1 visa that will make foreign maritime workers eligible to apply for a Transportation Worker Identification Credential (TWIC).  As explained in an accompanying USCG Guide, the specialized visa is intended for foreign national who perform maritime services in the United States and require access to secure areas of facilities and vessels for a significant duration (e.g., one year).  An individual who meets the DOS B-1 eligibility requirements and has a valid letter from their employer will receive a B-1 visa with the annotation "TWIC letter received".  This annotated visa will allow the individual to apply for a TWIC in the United States.  The Coast Guard also posted a sample employer letter  (February 11 – Bryant’s Maritime Blog)

 

USCG - State of the Coast Guard and Commandant's Direction. The US Coast Guard issued a news release reporting that Admiral Bob Papp delivered the annual State of the Coast Guard Address.  He noted that, while the service is ready to meet its mission demands, it faces real challenges, particularly with regard to the budget.  Admiral Papp almost released the Commandant's Direction, containing four priorities: (1) Sustaining Mission Excellence; (2) Recapitalizing and Building Capacity; (3) Enhancing Crisis Response and Management; and (4) Preparing for the Future.  (February 11  – Bryant’s Maritime Blog)

 

New and Amended Maritime Agreements Filed. The Federal Maritime Commission has issued notice that the following new or amended agreements have been filed. Full Article... Source Document 1... (February 9 - WorldTrade\INTERACTIVE)

 

KYL Maritime Alert: Crew's Failure to Immediately Notify Coast Guard of Hazardous Condition on Vessel may be Knowing and Willful Criminal Violation of Ports and Waterways Safety Act
A recent decision by the United States Court of Appeals for the Sixth Circuit, reinstating a jury verdict found that a vessel crew's failure to immediately report a hazardous condition aboard their vessel to the United States Coast Guard amounted to a knowing or willful criminal violation of the Ports and Waterways Safety Act. Owners and operators of vessels that operate in US waters should ensure that all of their crews and operations personnel are well-aware of the requirement to immediately notify the Coast Guard of any hazardous conditions or casualties.

Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office. (Compliance with this section does not relieve responsibility for the written report required by 46 CFR 4.05-10.) 33 CFR 160.215

Canal Barge case
The Canal Barge case (U.S. v. Canal Barge Company, Sixth Circuit Court of Appeals, January 7, 2011, attached) involved criminal charges brought against the owners of a barge, its shoreside manager, and two employee tug boat captains for failure to immediately report a hazardous condition to the Coast Guard. The hazardous condition in question was a crack in the vessel's hull, from which some of the cargo of benzene leaked. The captain on duty reported the crack and leak to the shoreside manager and ordered the crack patched with soap. The shoreside manager suggested more substantial (but not permanent) patching of the crack. Another captain working on the tug became aware of the crack and the repairs. No one reported the crack to the Coast Guard until the patch failed while the barge was being handled by another tug boat company four days later.

The Coast Guard brought three criminal charges against the barge owner, the shoreside manager, and both captains: 1) willful failure to report the hazardous condition; 2) negligent failure to report the hazardous condition, and; 3) conspiracy to violate the reporting requirement regulation. The jury found all defendants guilty of willful failure to report the hazardous condition, but acquitted the defendants of the negligence and the conspiracy charges. The trial court subsequently acquitted the defendants on the ground that the failure to report took place in a different judicial district from the one in which charges were filed.

The Sixth Circuit overturned the acquittal, finding that the failure to immediately report a hazardous condition is a continuing violation, and therefore the charges could be brought in any district through which the barge passed before the Coast Guard was notified.

Perhaps more importantly, the Sixth Circuit also ruled that the fact that the individual defendants were aware of the crack but failed to report it was sufficient evidence to support a finding that the crew had knowingly and willfully failed to report the crack in the hull. In support of this conclusion, the Court noted the very hazardous nature of a benzene leak, the decades of maritime experience of each of the individual defendants, the fact that the company's vessel response plan required reporting a spill or threat of spill, the reporting training received by all of the company captains, and the failure of the tug crew to log the leak or the repairs. The Court held that these facts were sufficient to support the jury's finding that the failure to report was a knowing or willful violation, rather than a simple mistake.

In addition, the Court specifically ruled that such actions by the employees of the barge company supported a finding of criminal liability against the company. In addition to the factors discussed above, the Court found that employees of the barge owner defendant acted with the intent to benefit the company because reporting the leak immediately would have caused delays for offloading and repairs that would have cost the company time and money. Such intent to benefit the company was sufficient to support the finding of guilt against it.

Click here to review the full opinion.

-- Keesal, Young & Logan Maritime Law Group
This information has been prepared by Keesal, Young & Logan for informational purposes only and is not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Keesal, Young & Logan. You should not act upon this information without seeking professional counsel.

Industry News

BNA – 2/9/11 Hazmat Transport
Appeals by Transport Industry Say Rule
On Special Permits Will Be Costly, Ineffective
A recently finalized Department of Transportation rule requiring additional and more detailed information from applicants who seek special permits to transport hazardous materials is onerous and costly and will not enhance safety, according to written appeals filed by groups representing shippers of hazardous materials.

In letters sent between Jan. 31 and Feb. 2, the Council on Safe Transportation of Hazardous Materials Inc. (COSTHA), the Association of Hazmat Shippers Inc. (AHS), the Radiopharmaceutical Shippers & Carriers Conference (RSCC), and the Institute of Makers of Explosives (IME) told the Pipeline and Hazardous Materials Safety Administration that the Jan. 5 rule does not explain how the additional information about a company would make transport of such shipments under special permits safer than it is now.

The groups said the industry has recorded no fatality and two serious injuries requiring hospitalization in the past decade.

Federal hazardous material regulations under 49 C.F.R. Section 106.120 allow a final rule to be appealed 30 days following its publication in the Federal Register. Feb. 4 was the deadline to file an appeal for this rule.

Under hazardous materials regulations, PHMSA has 90 days from the final rule's publication to respond to an appeal. The filing of an appeal will not prevent a final rule from becoming effective, according to the regulations.

Rule Requires Applicants to Prove ‘Fitness.’

PHMSA's final rule would require special permits applicants to prove they are “fit” enough to transport hazardous materials safely by providing information about their respective companies, their chief executive officers, as well as all “known destinations” for the hazardous materials shipments. In addition, the final rule seeks estimates of shipment quantities, modes of transportation used, and justification for choosing air transport over other forms of transport, among other requirements (76 Fed. Reg. 454; 3 DER A-13, 1/5/11).

Special permits allow recipients to deviate from standard regulatory requirements for transport of hazardous materials as long as a safety level is achieved that is at least equal to the safety level required under the law, or consistent with the public interest if a required safety level does not exist.

In a Jan. 31 letter to Magdy El-Sibaie, associate administrator for PHMSA's Office of Hazardous Materials Safety, COSTHA said the final rule “creates additional unnecessary administrative burdens on both PHMSA and industry.” The council said PHMSA failed to show the additional requirements would benefit the special permits program.

COSTHA represents chemical manufacturers, shippers, distributors, carriers, freight forwarders, trainers, packaging manufacturers, and others associated with the hazardous materials transportation industry.

Council Says PHMSA Has Not Justified Costs

The council said PHMSA has not justified the additional costs that will be incurred by both small and large organizations to comply with the new requirements. PHMSA also has not “provided evidence of broad failures in the special permit application process by noting examples where the administration lacked required information, or how this new information would have made a material difference to the safety outcome of any incident involving a special permit,” the council said.

Representing AHS and RSCC in a joint Feb. 2 letter , Lawrence Bierlein, general counsel, said estimating quantity of material or number of packages to be shipped “makes no sense” when applying for a special permit. In the final rule, PHMSA acknowledged that the estimate would be “a guess” but said the information would enable the agency to “better evaluate the applicant's ability to safely transport hazardous materials under the conditions of the special permit.”

Bierlein urged PHMSA to “please leave guesswork out of the application process.”

Both Bierlein and COSTHA also said they failed to understand why PHMSA wanted the names of the chief executive officer of the company that was seeking the special permit instead of the company official directly responsible for the hazardous material shipments.

“In only the smallest companies would the CEO have any idea of the hazmat transportation functions performed by that company,” Bierlein wrote.

The letter from the Institute of Makers of Explosives said PHMSA was “too vague” in asking for information on all modes of transportation. IME reiterated its earlier comments that it submitted when the final rule was proposed: “There is no indication of the detail that might be required, e.g., will the applicant be required to specify where in the cargo hold of an aircraft a package should be positioned? At the other end of the spectrum, PHMSA could expect to receive information simply stating that ‘all operational controls required by 49 CFR xxx, will be met.’ ”

PHMSA spokeswoman Julia Valentine confirmed receipt of the three letters Feb. 7.


Revised PHMSA Organization Chart. Click here to find a revised organization chart distributed by PHMSA.

Senate - bill introduced to leverage transportation investments. Senator Lautenberg (D-NJ) introduced a bill (S. 371) to improve the efficiency, operation, and security of the national transportation system to move freight by leveraging investments and promoting partnerships that advance interstate and foreign commerce, and for other purposes.  Official text of the bill has not yet been posted.  (February 17 – Bryant’s Maritime Blog)

 

US DOT has approved a purpose-built ultrasonic leak detection system developed by CTRL Systems and Adria Machine that is designed to find holes as small as 10/1,000th of an inch (0.25 mm) in steel and plastics drums. Drum reconditioner DeWitt Barrel has become the first commercial user to receive DOT approval to use the system. (February 17 - HCB weekly email news alert)

Court – liability for failure to provide specific warning of hazardous cargo. In an unpublished decision, the US Court of Appeals for the Second Circuit ruled that a shipper is liable for damages resulting from a shipboard explosion of its cargo where the cargo, due to its packaging, was more hazardous than usual and the shipper failed to warn the carrier of that particular hazard. In the instant case, defendant shipper knowingly packaged its shipment of calcium hypochlorite in a manner that made it more hazardous than usual. The shipper failed to warn plaintiff carrier of the increased danger and the cargo was stowed in a manner customary for that cargo. The cargo exploded in transit, damaging the ship and other cargo. Defendant’s appeal of liability was denied. In re: M/V DG Harmony, No. 09-4552-cv (2nd Cir., January 31, 2011).(February 17 – Bryant’s Maritime Blog)


DOT – review of existing regulations.
The Department of Transportation (DOT) is conducting a review of its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to address current problems. It is seeking comments from the public and stakeholders in this effort. Comments should be submitted by April 1. 76 Fed. Reg. 8940 (February 16 – Bryant’s Maritime Blog)

EPA / OSHA News

EPA - electronic waste shipment intercepted. The Environmental Protection Agency (EPA) issued a news release stating that it has ordered two recycling companies to properly dispose of a shipment of computer waste that was intercepted by the US Customs and Border Protection (CBP).  The companies were attempting to ship the discarded computer monitors via the Port of Seattle to Vietnam, having identified the items in the shipping documents as "scrap plastic".  The EPA is also seeking a $31,600 penalty against the companies for violating federal hazardous waste laws.  (February 16 – Bryant’s Maritime Blog)


Mace enters guilty plea to unlawfully storing hazardous waste at plant.
Mace Personal Defense Inc. officially entered a guilty plea February 8 to unlawfully storing hazardous waste at its Bennington, Vermont, location, according to a release by the U.S. Attorney’s Office for the District of Vermont. If the plea agreement is accepted by the court at a sentencing hearing May 26, Mace would pay a fine of $100,000. The company pleaded guilty to a felony under the Resource Conservation and Recovery Act. The company makes tear gas, pepper spray, and other products at the facility on Benmont Avenue. The byproduct is hazardous waste. In January 2008 the U.S. Environment Protection Agency (EPA) ordered an emergency cleanup of this waste. During the EPA inspection, 80 barrels of hazardous materials were found stored without labels in an unmarked area. Mace cooperated with the order and spent over $780,000 cleaning up the waste. Click here for more information. (February 8 - Bennington Banner, Vermont)

US Regulatory Updates

COSTHA and the Regulatory Affairs Committee constantly monitor the Federal Register and other regulatory publications to keep members informed of all the recent changes. Below please find the most recent copy of the Regulatory Update Spreadsheet. The Spreadsheet is color coded and divided by Advance Notice of Proposed Rulemaking (ANPRM), Notice of Proposed Rulemaking (NPRM), Final Rule etc. Please let us know if you have any questions.
US Regulatory Activity Spreadsheet
- February 14, 2011

Federal Register: February 16, 2011 (Volume 76, Number 32)
Page 8990-8992
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA-2004-19608]
RIN 2126-AB26
Hours of Service of Drivers; Availability of Supplemental Documents and Corrections to Notice of Proposed Rulemaking
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking; notice of availability of supplemental documents and corrections; extension of comment period.
SUMMARY:
This document advises the public that FMCSA has placed in the public docket three additional documents concerning hours of service (HOS) for commercial motor vehicle drivers. This notice also makes clerical corrections to both the preamble and the regulatory text of FMCSA's notice of proposed rulemaking (NPRM) on HOS requirements, which was published in the Federal Register on December 29, 2010. Finally, the notice extends the public comment period for the NPRM from February 28, 2011 to March 4, 2011.
DATES: Comments on the NPRM are due by March 4, 2011.
Text   PDF   Docket

Federal Register: February 16, 2011 (Volume 76, Number 32)
Page 8940-8942
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chapters I, II, III
23 CFR Chapters I, II, III
46 CFR Chapter II
48 CFR Chapter 12
49 CFR Chapters I, II, III and V, VI, VII, VIII, X, XI
[Docket No. DOT-OST-2011-0025]
Regulatory Review of Existing DOT Regulations
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Notice and request for comments.
SUMMARY:
In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' the Department of Transportation (Department or DOT) is conducting a review of its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to solve current problems. As part of this review, the Department invites the public to participate in a comment process designed to help the Department ensure that it has a plan for periodically analyzing existing significant rules to determine whether they should be modified, streamlined, expanded, or repealed and identify specific rules that may be outmoded, ineffective, insufficient, or excessively burdensome. The Department also will hold a public meeting to discuss and consider comments from members of the public.

DATES: Comments should be received on or before April 1, 2011. Late-filed comments will be considered to the extent practicable. In addition, the Department will hold a public meeting beginning at 9:30 a.m. ET on March 14, 2011, at the DOT headquarters, to discuss the regulatory review and take public comments. Commenters wishing to have time allocated to them at the public meeting should submit initial comments by March 3, 2011, and clearly indicate their desire to have time allocated at the public meeting.
Text    PDF

Federal Register: February 16, 2011 (Volume 76, Number 32)
Page 9041-9043

DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration Intent To Request Approval From OMB of One New Public Collection of Information: Security Program for Hazardous Materials Motor Carriers & Shippers
AGENCY: Transportation Security Administration, DHS.
ACTION: 60 Day Notice.
SUMMARY:
The Transportation Security Administration (TSA) invites public comment on a new information collection requirement abstracted below that we will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act. The collection involves the submission of security training program evaluation forms by hazardous materials (hazmat) motor carriers and shippers after participants have received the training.
DATES: Send your comments by April 18, 2011.

PDF

Schedule of Meetings

April 10-13, 2011 - 2011 COSTHA Annual Forum & Expo -
Hilton Scottsdale Resort & Villas, Scottsdale, Arizona

 

April 11-15, 2011 - IMO Meetings, DSC Editorial and Technical (E&T) Group - 15th Session

June 6-8, 2011 - COSTHA Quarterly Meetings
Hilton Crystal City

2399 Jefferson Davis Highway

Arlington, VA 22202

(703) 418-6800

COSTHA Sleeping Room Rate: $195 Single/Double

 

June 8, 2011 - US DOT Pre-UN Meeting

June 20-24, 2011 - UN Meetings, 39th Session, Geneva, Switzerland

September 12-14, 2011 - COSTHA Quarterly Meetings

Hampton Inn & Suites

25 Lake Avenue

Saratoga Springs, NY 12866

(518) 584-2100

COSTHA Sleeping Room Rate: $149 Single/Double

September 19-23, 2011 - IMO Meetings, Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) – 16th Session

September 26-30, 2011 - IMO Meetings, DSC Editorial and Technical (E&T) Group - 16th Session

November 28 - December 2, 2011 - UN Meetings, 40th Session, Geneva, Switzerland

April 22-25, 2012 - 2012 COSTHA Annual Forum
Hilton Savannah DeSoto,
Savannah, GA
15 East Liberty Street
Savannah, GA 31401
(912) 232-9000
COSTHA Sleeping Room Rate:
$169 Single/Double

UN Meetings - Member Conference Call Schedule

Please review the conference call schedule below for members to discuss papers for the UN Meetings (please note that conference call dates may be subject to change). Please register below - call-in details will be emailed prior to the conference call date.

UN TDG Meetings - 39th Session

June 20 - 24, 2011

May 20, 2011, 2:00pm (ET) - Member Conference Call to discuss papers for UN Meetings, 1 month prior to meetings - Call-in details will be emailed separately at a later date.

July 8, 2011, 2:00pm (ET) - Member Conference Call 2 weeks after UN meetings  - Call-in details will be emailed separately at a later date.

 

UN TDG Meetings - 40th Session

November 28 - December 7, 2011

November 1, 2011, 2:00pm (ET) - Member Conference Call to discuss papers for UN Meetings, 1 month prior to meetings - Call-in details will be emailed separately at a later date.

December 21, 2011, 2:00pm (ET) - Member Conference Call 2 weeks after UN meetings  - Call-in details will be emailed separately at a later date.
Sponsor a Member - Receive a COSTHA Gift

Every COSTHA member that sponsors a new member receives a COSTHA Desktop Clock Radio and their name is added to the COSTHA "hat". Before the next annual forum names are drawn from the hat for great prizes - upgrades to a suite, bottle of champagne, and more! You can also have your name added to the hat by volunteering to work on special projects with the Membership Committee - call us at 703.451.4031 to find out more!


Desktop Clock Radio

Hat2012

View a printable version of The COSTHA Post
COSTHA Meetings

June 6-8, 2011
COSTHA Quarterly Meetings
Hilton Crystal City

2399 Jefferson Davis Highway

Arlington, VA 22202

(703) 418-6800

COSTHA Sleeping Room Rate: $195 Single/Double

 

September 12-14, 2011
COSTHA Quarterly Meetings

Hampton Inn & Suites

25 Lake Avenue

Saratoga Springs, NY 12866

(518) 584-2100

COSTHA Sleeping Room Rate: $149 Single/Double

April 22-25, 2012
2012 COSTHA Annual Forum

Hilton Savannah DeSoto,
Savannah, GA
15 East Liberty Street
Savannah, GA 31401
(912) 232-9000
COSTHA Sleeping Room Rate:
$169 Single/Double

US DOT PHMSA Civil Penalty Action Reports & Documents

Click here for the Civil Penalty Action Reports & Documents page on the PHMSA site.

Click here for information on recent EPA Violations  

Regulatory Comments Deadline

Comments due mail@costha.com 

Information Collection Activities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

Text   PDF

Comments Due - Feb. 28, 2011

Hours of Service of Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

Text   PDF

Comments Due - Feb. 28, 2011

Transportation Security Administration Intent To Request Approval From OMB of One New Public Collection of Information: Security Program for Hazardous Materials Motor Carriers & Shippers
Comments Due - April 18, 2011.

PDF

Recent Comments & Petitions Filed

Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (HM-215K)

COSTHA Comments

HM-233B - Hazardous Materials Transportation: Revisions of Special Permits Procedures
COSTHA Comments

For more COSTHA Comments filed, please visit the Petitions & Comments page from the Regulatory tab at the top of the Members Only section of the website.

Participating in the COSTHA 
Comment Process

Interested in participating in the COSTHA Comment process? Simply let us know and we will add you to the Regulatory Affairs Committee. The committee members receive information on the notices and rulemakings as soon as they become available and are sent draft copies of all of our regulatory comments.  

If we do not hear from industry we do not automatically prepare and submit comments so it is important that you communicate your concerns.

For access to the dockets to

read background documents or

comments received, go to www.regulations.gov

2011
Mark your calendars NOW for the 2011 COSTHA Annual Forum
April 10-13, 2011
Hilton Scottsdale
Scottsdale, Arizona

Click here for Brochure

2011 Platinum Sponsors

hazmat pac logo

label master

jj keller

ICCLogo

DGC logo

 

dg supplies

Berlin Packaging logo

Stresau Logo

UPS logo

dgm

ten one

walnut industries

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Official Publications
Sponsor

hazardous cargo

IMDG Code Amendment 35-10 AVAILABLE NOW

IMDG35

To Order: Call (703) 451-4031 or Fill out our ONLINE ORDER FORM

 

Available NOW

49Early

Early Edition 49 CFR -

To Order: Call (703) 451-4031 or Fill out our ONLINE ORDER FORM

 

COSTHA Regulatory Publications Spreadsheet
At the COSTHA office we often receive inquiries about the publication date of various regulatory code books. In an effort to assist members, we have developed a Regulatory Publications Template. Please let us know if there are any publications you would like to see added to the template. Click here to view the COSTHA Regulatory Publications Template.

 

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COSTHA
The Council on Safe Transportation of Hazardous Articles

7803 Hill House Court 
Fairfax Station, VA 22039 
Phone:  703/451-4031   Fax:  703/451-4207   

www.costha.com
mail@costha.com