Another question through the Contact Me page of my website on April 3, 2016:

Dear Daniel,
A bulk container (rolloff box) requires to display the UN number in the sides?
Best Regards

My reply the next day (4.4.16):

Yes.  Pursuant to 49 CFR 172.302(a), a bulk packaging must display the identification number on all four sides if it has a capacity of 1,000 gallons or more and on two opposing sides if it has a capacity of less than 1,000 gallons.

• What is a bulk packaging?

A question received through my website (Contact me) on March 16, 2016:

In addition to the DOT-SP number being listed on the hazmat shipping paper, are you also required to send a copy of the DOT-SP with the hazmat shipment? We are primarily shipping 2.2 compressed gas with the DOT-SP stamped on the bottle. Thanks

My reply that same day:

The requirement to provide a copy of the special permit with the shipment will be indicated on the special permit.

Most packagings intended for the transportation in commerce of a hazardous material must be designed, manufactured, and tested to meet either a DOT specification or a UN standard, which is then known as a specification packaging (Don’t confuse “specification packaging” with “DOT specification”, not all “specification packaging” is a “DOT specification” packaging, some may meet a UN standard).  A specification packaging must display a specification marking that meets the requirements of both of the following found in Title 49 of the Code of Federal Regulations:

• The applicable regulations for the type of packaging; e.g. cylinders, portable tanks, non-bulk, intermediate bulk containers (IBCs), large packagings, and more throughout part 178.
• The general specification marking requirements for all packagings found at §178.3

In this article I will identify and describe the requirements of 49 CFR 178.3 – specifically, those of §178.3(a) – for the display of the specification marking – either a DOT specification or a UN standard – on a specification packaging.

(more…)

This question came to me through my Facebook page on June 15th:

I found your website on Google. I have a question that I couldn’t find an answer to. I know hazmat placards must be visible from all 4 directions (with a few exceptions). But my question is this…specifically…
I have a 1-ton truck with a headache rack. Can I mount the front placard on the top of the headache rack so that it is 100% visible from the front? I would have the other 3 in the normal places. I read where it has to be mounted on both sides, front, & rear. It would not be actually “mounted” on the front, but it would be clearly visible. If it is acceptable, can you please tell me where it says it so that I can keep proof in the truck? Thank you for your time.

I replied the next day (6.16.16) and didn’t pretend to understand everything she was talking about:

Thank you for your question. I will reply later today or tomorrow.

Question: What is a headache rack?

The customer helped me out:

It is a metal guard that goes across the back of the truck to protect the driver & the rear windshield from any part of the load entering the cab.

With that information, I was ready to get to work (6.17.16):

OK. I’ll work on getting you an answer.

A few days later (6.21.16):

I apologize for my delay in responding. I have an answer for you.
49 CFR 172.504(a) requires placards to be displayed on each side and each end of a transport vehicle such as your 1-ton truck. 49 CFR 172.516(a) requires a placard to be clearly visible from the direction it faces, except for the direction of another transport vehicle (i.e. a tractor trailer combination where the placard on the front of the cargo trailer or tank is blocked from view by the tractor). There is no mention in the regulations of your specific situation. However, a letter of interpretation by the USDOT (LOI 09-0055) does address your issue. it reads, “Generally, placards on the sides and ends of the cargo-carrying portion of a vehicle’s cargo body satisfy requirements for placarding the sides and ends, even if they are not located at the outer perimeter of the vehicle, as long as they are readily visible and not obscured by appurtenances in the direction they face.”
A combination of the above-cited regulations and the LOI should suffice as proof that the method of mounting the placard as you propose is compliant with USDOT regulations.

I hope this helps.

Thank you and please contact me with any other questions.

And, once again, another question answered for someone that I may never hear from again (6.21.16).

Thank you for your help.

The purpose of this article is not to identify and explain a marine pollutant as regulated by the Hazardous Material Regulations of the PHMSA/USDOT; you can read all about that here:  What is a Marine Pollutant?  But, a brief summary will help; a marine pollutant is…

• Defined at 49 CFR 171.8.
• Listed by name in appendix B to the Hazardous Materials Table at §172.101.
• If in a mixture or solution of one or more substances is at or above the following threshold concentrations:
  • 10% by weight for a regular marine pollutant
  • 1% by weight for a severe marine pollutant (identified with “PP”).

And…

• Not excepted from regulation as a marine pollutant at §171.4(c).

The purpose of this article is also not to identify and explain all of the situations where the marine pollutant marking is not required on a packaging containing a regulated marine pollutant.  Those can be found at §172.322(d) and will have to wait to a later article.

Note:  To be quite frank, I find the exceptions from the marine pollutant mark detailed at §172.322(d)(1) and (2) to be contradictory and confusing.

The purpose of this article is to identify and explain just one of the four situations – found at §172.322(d)(3) – where the marine pollutant mark is not required on a bulk packaging, freight container or transport vehicle that already bears a HazMat label or placard.

(more…)

A former coworker contacted me with a question on January 29, 2016:

I have a quick question for you Dan.  If a facility has 5 – 6 consumer (car type) lead-acid batteries that they want to take to a salvage yard for recycling, is there a DOT exemption or something that keeps them from being classified as a hazardous substance.  I think they need to transport with shipping papers and be properly labeled.  Let me know if you have any experience with this.

Thanks,

I had time to fire off a reply that day:

Please note below:

Note from Daniels Training Services:

My reply does not take into account the exception from regulation available to shippers of batteries found at 49 CFR 173.159(e).

I received this email January 25th from a customer who had attended one of my Training Seminars in the past:

Dan,
How have you been? You said to contact you if we have any questions. I was asked a question and I would like you to please review my answer. Can you help me out?

Question:
Can a 6.2 category B infectious substance be shipped in a personal or company vehicle?

Answer:
Yes, a company vehicle can be used to transport a 6.2 category B substance, if the following exemptions are met.
49 CFR 173.134 (b)(10) allows an exception to using a certified hazmat transporter to transport a category B substance for a patient sample (not a culture) and the private or contract carrier would have

to be used exclusively to transport such materials. The vehicle couldn’t be a private vehicle but could be a company fleet vehicle. The vehicle could not be used for transporting anything else during that individual trip. The vehicle couldn’t be a general delivery vehicle making several stops. DOT training would be required and a Shipping document and DOT packaging would be needed.

49 CFR 173.6 Materials of Trade allows an exemption for small quantities of biological product, human or animal samples for research, diagnosis, disease treatment or prevention etc. The packaging would have to be securely closed and protect against damage and leaking. The driver would have to know what they are shipping and if a reportable quantity is present and the material of trade regulations. Does not require training or a shipping document.

Thanks,

My reply later that day:

Your answer may be correct.  Give me a day or two to review and reply.

My full response on January 26, 2016:

Thanks for contacting me.  I’ll do my best to answer your questions below.

The Bullet:

The Federal Aviation Administration (FAA) alleges that Amazon, Inc. violated USDOT regulations for the transportation of hazardous materials by air on several occasions.  It has proposed fines as a civil penalty for those alleged violations.

The information for this article regarding the alleged violations is derived from three FAA press releases.  Links to these press releases are at the end of this article.

Who:

Amazon.com, Inc., often referred to as simply Amazon, is an American electronic commerce and cloud computing company with headquarters in Seattle, Washington. Wikipedia

The Federal Aviation Administration (FAA) is the national aviation authority of the United States, with powers to regulate all aspects of American civil aviation. These include the construction and operation of airports, the management of air traffic, the certification of personnel and aircraft, and the protection of US assets during the launch or reentry of commercial space vehicles.  Wikipedia

The FAA is one administration or bureau of many within the U.S. Department of Transportation.  Another USDOT administration, PHMSA or the Pipeline and Hazardous Materials Safety Administration, is responsible for all regulations regarding the transportation of hazardous materials in commerce within the U.S.  In this situation the FAA is the investigation and enforcement agency for the PHMSA Hazardous Materials Regulations (HMR).

Unmentioned in the press release is an international agency known as IATA, the International Air Transport Association, and its Dangerous Goods Regulations.  IATA is a creation of the airline industry – not of any government body – to set standards and regulate all transportation by air.  Its Dangerous Goods Regulations, though not officially adopted by PHMSA, is based on – and even a little more strict than – the Technical Instructions of the International Civil Aviation Administration (ICAO).  The ICAO Technical Instructions are adopted by PHMSA

What:

FAA alleges that in three separate incidents dating from 2014, Amazon did not comply with the HMR.  Though each incident involved different hazardous materials (from acid drain cleaners to a compressed gas) and different outcomes (injured UPS employees, leaking packages), the alleged violations were sadly similar.  They include:

• Not classifying the intended shipments to determine if they were a hazardous material as defined at 49 CFR 171.8.
• Not using the authorized packaging for the HazMat.  Authorized packaging is identified for each HazMat in part 173 of the HMR, referenced from column 8 of the Hazardous Materials Table at §172.101.
• Not using packaging designed, manufactured, tested, and marked to indicate it meets the United Nations packaging standards.
• Packages offered for transport were not marked or labeled to indicate the contents and its potential hazards.  The package marking and labeling requirements are at §172, subpart D and E, respectively.
• Not preparing and providing to the carrier (Fed Ex or UPS) two copies of the shipping paper which is meant to describe the entire hazardous materials shipment.  One of the press releases refers to the Shipper’s Declaration of Dangerous Goods, which is the name for a shipping paper used exclusively by IATA.
• Failing to provide emergency information.  Actually, a shipper of HazMat is required to provide two separate types of emergency information on or with the shipping paper.  Required emergency information includes:
  • Emergency Response Information that provides emergency responders and trained HazMat Employees critical information in the first few minutes of a spill, fire, or other HazMat incident.  Read:  The Shipper Must Provide Emergency Information.
  • Emergency Response Telephone is a phone number to call 24/7 whenever a HazMat is in transportation.  Its purpose is to provide emergency responders and trained HazMat Employees with immediate contact with a person who is knowledgeable about the hazards of the shipment and has basic emergency response awareness.  Read:  Providing the Emergency Response Phone Number.
  • “Amazon employees who handled the package had not received required hazardous materials training.”  You’ll forgive my bias but this is the big one.  Not providing initial and triennial HazMat Employee Training is bad enough.  But, if done right, training would have provided Amazon employees with the information and the tools necessary to properly classify and package the HazMat, apply the correct HazMat labels and markings, and complete the Shipper’s Declaration of Dangerous Goods – with the applicable emergency information.

The three proposed civil penalties are:

• $350,000 for alleged violations of October 15, 2014
• $78,000 for alleged violations of May 24, 2014
• $52,000 for alleged violations of June 2, 2014

Where/When:

• In a press release dated June 15, 2016, FAA alleged:  on October 15, 2014 Amazon offered to United Parcel Service (UPS) a package containg a one-gallon container of “Amazing! LIQUID FIRE,” a corrosive drain cleaner for transport from Louisville, KY to Boulder, CO.
• In a press release dated June 22, 2016, FAA alleged:  on June 2, 2014, Amazon offered UPS a non-specification cardboard box containing a flammable gas for air transportation from Whitestown, IN to Glendale, CA.
• In a press release also dated June 22, 2016, FAA alleged:  on May 24, 2014, Amazon offered Federal Express (FedEx) two cardboard boxes containing corrosive rust stain preventer for air transportation from Plainfield, IL to Davenport, FL.

Why:

The purpose of the HMR is to ensure the safe transportation in commerce of hazardous materials.  One of the responsibilities of the FAA is to ensure that HazMat transported by air within the U.S. is done in compliance with the HMR and the IATA Dangerous Goods Regulations.

Amazon has a history of violating the Hazardous Materials Regulations.  From February 2013 to September 2014 alone, Amazon was found to have violated the Hazardous Materials Regulations 24 other times.  FAA press release of June 13, 2016

How:

The FAA has the authority to enforce the Hazardous Materials Regulations of PHMSA when the mode of transportation is by aircraft.  The FAA will, in addition, enforce the IATA DGR if it is used within the U.S. by a carrier or shipper.

In 2015, the FAA handed out more than $4.5 million in civil penalties for improper shipments of hazardous materials aboard airplanes, up from $3.4 million in 2014.  Dallas Morning News

Conclusion:

• Don’t assume that big companies have huge budgets to spend on regulatory compliance and therefore have all the answers when it comes to shipping HazMat.  Unless they have personnel dedicated to researching the regulations, and staying on top of new regulations – such as those for the transportation of lithium batteries – they can be just as in the dark as a small start-up.
• One mainstream news article on this issue quoted an expert who stated regarding Amazon, “Before, when they were smaller, they didn’t have to make as many distinctions between ground and air.”  In fact, the Hazardous Materials Regulations of PHMSA apply to these HazMat no matter how they are transported in commerce (air, rail, highway, or vessel).  It’s just that the regulations for transportation by air are more strict than those by highway and rail (the regulations for transportation of HazMat by vessel are also pretty strict, just not as strict as those by air).
• Another mainstream media article referred to these hazardous materials in these instances as “prohibited dangerous goods…”.  Without more information on the actual hazardous material and the volume of their packaging, it is impossible to know if it is “prohibited” for transportation by air or merely subject to the requirements of the HMR.  Many hazardous materials – including Class 1 explosives – may be transported by air if they are correctly classified, packaged, marked and labeled, and a shipping paper is prepared with the necessary emergency information.

More Information:

• FAA press release June 13, 2016 – FAA Proposes $350,000 Civil Penalty Against Amazon.com, Inc.
• FAA press release June 22, 2016 – FAA Proposes $52,000 Civil Penalty Against Amazon, Inc., for Alleged Hazardous Materials Violations
• FAA press release June 22, 2016 – FAA Proposes $78,000 Civil Penalty Against Amazon, Inc. for Alleged Hazardous Materials Violations

Here’s a question back on January 8, 2016 from a frequent customer of mine:

Hi Dan,

I have a hazardous material that doesn’t have a packing group in the hazardous materials table in §172.101, and I’m stuck. I need to ship this material (signals, distress, ship UN0506) soon and need some direction. Any help would be greatly appreciated!

Here’s me With my Snappy Reply a few moments later:

I’m on it.

Give me a minute and I’ll get you a reply.

Dan

And the Final Answer Maybe an Hour Later:

OK.  Here we go:

Persons involved in the transportation in commerce of lithium batteries are subject to the regulations of at least one – or perhaps all – of the following regulatory agencies:

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT) for any transportation from, through, or to the United States.
• The International Air Transport Association (IATA) for any transportation by air – international or domestic – if the carrier airline is a member of IATA.
• The International Maritime Organization (IMO) for international transportation by vessel.

Each of these regulatory agencies have very similar regulations applicable to the transportation of lithium batteries.  They each, thankfully, also have very similar – but not the same – requirements for the classification of lithium batteries.  The classification of a lithium battery for transportation requires knowledge of four things:

1. Is it a cell or battery?
2. The type of lithium cell / battery.
3. Its packaging configuration.
4. The amount of lithium in the cell / battery.
5. Net weight of cell / battery in the package.
6. Number of cell / battery in the package.
7. Number of cell / battery in the consignment.
8. The condition of the cell / battery.
9. The mode of transport.
10. Applicable regulations.

The purpose of this article is to identify and explain the process of classifying lithium batteries for transportation by both domestic and international regulations. (more…)