Dangerous Goods Advisory Council

Transcription

1 Dangerous Goods Advisory Council 7501 Greenway Center Drive Suite 760 Greenbelt, MD / Minutes of the Regular Meeting of the North American Regulatory and Legislative Affairs Committee Wednesday, February 1, :00 PM 3:30 PM Embassy Suites/Old Town Alexandria 1900 Diagonal Road Alexandria, VA Call to Order, Chairman Kevin Greene called the meeting to order at 2:00 P.M. Co Chairperson Randylynn Bourassa read through the Anti Trust Do s and Don ts. Approval of the NARLA minutes was followed by introductions of the following DGAC members. DGAC Members in Attendance: Allen, Greg Eastman Chemical Company Amelotte, Jane Abbott Laboratories Auger, John Brook Warehousing Corporation Bourassa, Randylynn Axalta Coating Systems Breski, Peter PPG Industries, Inc. Cernick, Rebecca Covestro LLC Drnjevich, Sara Covestro LLC Dunsmore, Scott Lion Technology, Inc. Edminster, Donna Solvay USA, Inc. Ferrier, Xavier, ACA France Dagenais, Marie DG Advisor, LLC Greene, Kevin E. I. du pont de Nemours & Company, Inc. Helk, Torsten BDP International, Inc. Hogendoorn, Leah Shell Chemical LP Ibsen, Soren Q88 LLC Johnson, Jay Inmark Lantry Miller, Barbara Givaudan Flavors and Fragrance Lattimer, Richard Eli Lilly and Company Main, John Arconic, Inc. McCulloch, Neil Labelmaster Norwood, Robert Chevron Corporation Peters, David Monsanto Company Sanders, Elizabeth Ascend Performance Materials Sanders, Gene W.E. Train Consulting Scheel, Karen TOTAL Petrochemicals & Refining USA Steinbeck, Erik Lord Corporation Strobel, Todd 3M Company Minutes NARLA Feb 01.docx Page 1 of 7 5/19/ :31:00 AM

2 DGAC Staff in Attendance: Arthur, Vaughn Billings, Del Cooley, Gail Morrissette, Michael 2. Approval of August 3, 2016 Meeting Minutes 3. Subcommittee Reports (1) Federal Legislative/Regulatory Activities Del Billings announced that Elaine Chao was confirmed as Secretary of Transportation. Also, discussed current freeze on new DOT rulemaking documents. (2) State and Local Activities Brief discussion on the Oregon Hazardous Waste Regulation. (3) Canadian Legislative/Regulatory Activities Leah Hogendoorn provided DGAC membership with an update of the TDG Transport Regulations. (4) Mexican Legislative/Regulatory Activities Reached out to Shane Kelly for Mexican Legislative/Regulatory activity update but no information was provided. 4. Docket Report/Regulatory Activities: Docket No. PHMSA (HM 251C); Final Rule; Hazardous Materials: FAST Act Requirements for Flammable Liquids and Rail Tank Cars; Published on August 15 and effective the same day. Specifically, the FAST Act mandates a revised phase out schedule for all DOT Specification 111 tank cars used to transport unrefined petroleum products (e.g., petroleum crude oil), ethanol, and other Class 3 flammable liquids. The FAST Act also requires that each tank car built to meet the DOT Specification 117 and each non jacketed tank car retrofitted to meet the DOT Specification 117R be equipped with a thermal protection blanket that is at least 1 2 inch thick and meets existing thermal protection standards. Further, the FAST Act mandates minimum top fittings protection requirements for tank cars retrofitted to meet the DOT Specification 117R. Docket No. PHMSA ; Notice No ; Notice; Hazardous Materials: Termination of Designated Approval Agencies Approvals; This notice was published on August 16, PHMSA has terminated the Designated Approval Agencies approvals listed herein. PHMSA, via certified mail, attempted to contact all of the below listed approval holders during May Docket No. PHMSA ; Notice No ; Notice; Hazardous Materials: Termination of Competent Authority Manufacturing Approvals; This notice was published on August 16, PHMSA terminated the following approvals for: Industrias Vengas, S. A.Tanques Para Gas, S.A., Kanto Koatsu Yoki Mfg. Co., Hulett Cylinders, Finetec Corporation, Changzhou Aircraft Manufacture Co. Ltd., Tanques Industriales Lajat, SA DE CV., Chengdu High Pressure Vessel Factory, DACC Co., Ltd., Guangming Overseas Chinese Farms, Primus Sievert AB, MCS Cylinder Systems GmbH, Yongkang Yingpeng Chemical Machinery Co., Ltd, Minutes NARLA Feb 01.docx Page 2 of 7 5/19/ :31:00 AM

3 Implementos Agricolas LA, S.A., ROTH S.A, ISI GmbH, Cilbras, Wolfedale Engineering Limited, DDI Seamless Cylinder International Inc, Bruin Engineered Parts, Inc Docket No. FMCSA ; Notice; Commercial Driver s Licenses; Proposed Pilot Program to Allow Persons Between the Ages of 18 and 21 With Military Driving Experience to Operate Commercial Motor Vehicle; This notice published on August 22, 2016, and comments were due by September 21, This notice makes corrections to a final rule published in the Federal Register on July 22, 2016, regarding amendments to the Federal Motor Carrier Safety Regulations in response to several petitions for rulemaking and NTSB recommendations. The Agency makes several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems (ABS). Docket No. FMCSA ; Final Rule Correction; Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; Correction; This Final Rule correction was published on September 2, 2016, and became effective on the same day. This notice makes corrections to a final rule published in the Federal Register on July 22, 2016, regarding amendments to the Federal Motor Carrier Safety Regulations in response to several petitions for rulemaking and NTSB recommendations. The Agency makes several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems (ABS). Docket No. PHMSA (Notice No.16 16); Notice Request for comments; Information Collection Activities; This notice for comments was published on September 2, 2016, and comments were due on October 3, PHMSA invite comments on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the Department s estimate of the burden of the proposed information collection; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Docket No. PHMSA ; PDA 38(R); Notice Request for Comments; Hazardous Materials: California Meal and Rest Break Requirements; This notice of request for comments was published on September 2, 2016, and comments were due on October 17, Interested parties are invited to comment on an application by the National Tank Truck Carriers, Inc. (NTTC) for an administrative determination as to whether Federal hazardous material transportation law preempts regulations of the State of California that prohibit an employer from requiring an employee to work during any mandatory meal or rest period. Docket No. FMCSA ; NPRM; Federal Motor Vehicle Safety Standards; Federal Motor Carrier Safety Regulations; Parts and Accessories Necessary for Safe Operation; Speed Limiting Devices; This NPRM was published on September 7, 2016, and comments were due on November 7, FMCSR/NHTSA is proposing to establish a new Federal motor vehicle safety standard (FMVSS) requiring that each new multipurpose passenger vehicle, truck, bus and school bus with a gross vehicle weight rating (GVWR) of more than 11,793.4 kilograms (26,000 pounds) be equipped with a speed limiting device. The proposed FMVSS would also require each vehicle, as manufactured and sold, to have its device set to a speed not greater than a specified speed and to be equipped with means of reading the vehicle s current speed setting and the two previous speed settings (including the time and date the settings were changed) through its On Board Diagnostic connection. Minutes NARLA Feb 01.docx Page 3 of 7 5/19/ :31:00 AM

4 Docket No. PHMSA (HM 215N); NPRM; Hazardous Materials: Harmonization With International Standards (RRR); This NPRM was published on September 7, 2016, and comments were due on November 7, DGAC comments were submitted. PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S. Canada Regulatory Cooperation Council. Docket No. PHMSA , Notice No ; Notice; Hazardous Materials: International Regulations for the Safe Transport of Radioactive Material (SSR 6); Draft Revision Available for Comment; This notice was published on September 13, 2016, and comments were due on October 28, PHMSA seeks public comment on a draft revision of the International Atomic Energy Agency s (IAEA) Regulations for the Safe Transport of Radioactive Material (SSR 6), which is scheduled for publication in DOT/FMCSA; FR DOC # ; RIN 2126 AB95; FR; General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations; This final rule was published on October 4, 2016, but went into effect on September 30, The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, and improve clarity and consistency of certain regulatory provisions. Further, this set of amendments removes all remaining instances of the term common carrier and contract carrier as required by the ICC Termination Act (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA LU). Docket No. FMCSA ; Notice Request for Comment; Future Enhancements to the Safety Measurement System (SMS); This notice was published on October 5, 2016, and comments were due on December 3, FMCSA proposes enhancements to information on the public Safety Measurement System (SMS) Web site and responds to comments received in response to FMCSA s Federal Register Notice, Proposal for Future Enhancements to the Motor Carrier Safety Measurement System (SMS), published on June 29, These enhancements are a continuation of the Agency s efforts to provide law enforcement, the motor carrier industry, and motor carriers with more informative safety data. Docket No. PHMSA ; Notice No ; Notice; Hazardous Materials: Proposed Termination of EX Classification Approval EX ; This notice was published on October 11, 2016, and no comment or effective date provided. PHMSA proposes to terminate EX classification approval EX , issued to BHT Products, Inc. for a Division 4.1 classification. In January and May 2016, PHMSA attempted to contact BHT Products, Inc. via letters delivered by certified mail. To date, PHMSA has not received any correspondence from BHT Products, Inc. concerning EX Docket No. PHMSA (HM 209A); NPRM; Hazardous Materials: Revisions to Hazardous Materials Grants Requirements (RRR); This NPRM was published on October 11, 2016, and comments were due on December 12, This proposed rule revises 49 CFR part 110 pertaining to the Hazardous Materials grants program to incorporate the Office of Management and Budget s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), and to implement new requirements set forth by the Fixing America s Surface Transportation (FAST) Act of 2015 (Pub.L Minutes NARLA Feb 01.docx Page 4 of 7 5/19/ :31:00 AM

5 December 4, 2015). Docket No. FMCSA ; FR; Commercial Driver s License Requirements of the Moving Ahead for Progress in the 21st Century Act (MAP 21) and the Military Commercial Driver s License Act of 2012; This FR was published on October 13, 2016, and comments were due on December 12, FMCSA amends its commercial driver s license (CDL) regulations to ease the transition of military personnel into civilian careers driving commercial motor vehicles (CMVs) by simplifying the process of obtaining a commercial learner s permit (CLP) or CDL. This final rule extends the period of time for applying for a skills test waiver from 90 days to 1 year after leaving a military position requiring the operation of a CMV; also allows a State to accept applications from active duty military personnel who are stationed in that State as well as administer the written and skills tests for a CLP or CDL. Docket No. PHMSA ; Notice; Pipeline Safety: General Policy Statement; Civil Penalties; This notice was published on October 17, 2016, and became effective the same day. The purpose of this policy statement is to advise pipeline owners and operators that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has now made a civil penalty framework accessible on its Web site and, effective October 17, 2016, a respondent in an enforcement case may request a proposed civil penalty calculation related to that case. It further advises pipeline owners and operators that PHMSA will, as appropriate, issue higher penalties in order to apply stronger deterrence and drive down incident risk. Docket No. PHMSA (HM 213E); ANPRM; Hazardous Materials: PIPES Act Requirements for Identification Numbers on Cargo Tanks Containing; Petroleum Based Fuel; This ANPRM was published on November 21, 2016, and comments are due by February 21, Del suggest DGAC develop comments. This ANPRM specifically addresses the PIPES Act requirement applicable to the petition for rulemaking related to the marking of identification numbers on cargo tanks. PHMSA will consider the comments, data, and information received in any future action related to the petition. Docket No. FMCSA ; Final Rule; Commercial Driver s License Drug and Alcohol Clearinghouse; This FR was published on December 5, 2016, and the Effective Date is January 4, 2017 with a Compliance Date of January 6, FMCSA amends the Federal Motor Carrier Safety Regulations to establish requirements for the Commercial Driver s License Drug and Alcohol Clearinghouse (Clearinghouse), a database under the Agency s administration that will contain information about violations of FMCSA s drug and alcohol testing program for the holders of commercial driver s licenses (CDLs). Docket No. PHMSA (HM259); NPRM; Hazardous Materials: Notification of the Pilot in Command and Response to Air Related Petition for Rulemaking (RRR); This NPRM was published on December 5, 2016, and comments are due by February 3, PHMSA proposes to amend the Hazardous Materials Regulations (HMR)to align with current international standards for the air transportation of hazardous materials. The proposals in this rule would amend certain special provisions, packaging requirements, notification of pilot in command (NOTOC) requirements, and exceptions for passengers and crew members. Docket No. FMCSA ; FR; Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operators; This final rule was published on December 8, 2016, and is effective February 6, FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver s license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous Minutes NARLA Feb 01.docx Page 5 of 7 5/19/ :31:00 AM

6 materials (H), passenger (P), or school bus (S) endorsement for the first time. These individuals are subject to the entry level driver training (ELDT) requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA s Training Provider Registry (TPR). Docket No. PHMSA ; Safety Advisory Notice No ; Hazardous Materials; Use of DOT Specification 39 Cylinders for Liquified Flammable Compressed Gas Operators; This safety advisory notice was published on December 13, PHMSA is issuing this safety advisory notice to inform offerors and users of DOT Specification 39 (DOT 39) cylinders that DOT 39 cylinders with an internal volume exceeding 75 cubic inches (in3) (1.23 L) should not be filled with liquefied flammable compressed gas. PHMSA maintains filling or transporting DOT 39 cylinders with an internal volume exceeding 75 in3 (1.23 L) is not safe. Docket No. FMCSA ; FR; Correction; Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operators; This FR correction was published on January 10, FMCSA is correcting a final rule that appeared in the Federal Register of December 8, 2016 (81 FR 88732), regarding the establishment of new minimum training standards for certain individuals applying for their commercial driver s license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. Docket No. FAA ; Notice of Amended emergency restriction/prohibition order; Hazardous Materials: Amended Emergency Restriction/Prohibition Order; This notice was published on January 12, Effective date was January 10, The Amended Emergency Restriction/Prohibition Order only removes the requirement for air carriers to alert passengers to the prohibition against air transport of a Samsung Galaxy Note 7 device, in particular, immediately prior to boarding. Docket No. PHMSA ; Notice No ; Notice and request for comments on Information Collection Approvals; Hazardous Materials: Information Collection Activities; This notice was published on January 17, The expiration dates for the ICRs approved by OMB are February 28, 2018; March 31, 2019; or June 30, 2019, as indicated under the SUPPLEMENTARY INFORMATION section of this notice. This notice announces the following: OMB approval and extension until February 28, 2018 for OMB Control No , Hazardous Materials Public Sector Training & Planning Grants ; OMB approval and extension until March 31, 2019 for OMB Control No , Flammable Hazardous Materials by Rail Transportation ; and OMB approval and extension until June 30, 2019 for both OMB Control No , Subsidiary Hazard Class and Number/ Type of Packagings, and OMB Control No , Radioactive (RAM) Transportation Requirements. Docket No. PHMSA (HM 251D); ANPRM; Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Material; This ANPRM was published on January 18, Comments must be received by March 20, PHMSA is considering revising the Hazardous Materials Regulations (HMR) to establish vapor pressure limits for unrefined petroleum based products and potentially all Class 3 flammable liquid hazardous materials that would apply during the transportation of the products or materials by any mode. Docket No. PHMSA (HM 263); ANPRM; Hazardous Materials: Fast Act Requirements for Real Time Train Consist Information by Rail; This ANPRM was published on January 19, Comments are due by April 19, PHMSA specifically requests comments and information on baseline changes, affected entities, and costs and benefits Minutes NARLA Feb 01.docx Page 6 of 7 5/19/ :31:00 AM

7 related to fusion centers collecting train consist information from railroads and disseminating this information in the event of an emergency. 5. DGAC Communication The R&D Forum was postponed and not held in March. PHMSA advises that it will be held this Fall and plans are being developed at this time. 6. Continuing Business No unfinished business was brought before the committee. 7. New Business A working committee was established to review and provide comments regarding HM 251D (Vapor Pressure Limits). Volunteers are: Karen Scheel, Leah Hogendoorn, Gene Sanders, Bob Norwood, Elizabeth Sanders, Barbara Lantry Miller, Rick Lattimer, John Heater, Jeff Sloan, and Greg Allen. 8. Adjourn There being no further business, Mr. Greene adjourned the meeting at 3:30 PM. Minutes NARLA Feb 01.docx Page 7 of 7 5/19/ :31:00 AM