Dear VOHMA Member:  

Thanks to the outstanding participation received from the members, the 2009 VOHMA annual meeting was a great success. The US Department of Transportation guest speakers at the meetings and roundtables included Robert Richard, PhD, Deputy Associate Administrator, PHMSA and chairman of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, Duane Pfund, Director International Standards, PHMSA, and head of delegation to the UN Sub-Committee Of Experts; Richard Bornhorst, Staff Chemical Engineer, U.S. Coast Guard and US representative to the International Maritime Organization; William Schoonover, Staff Dir Office of Safety Enforcement, Federal Railroad Administration and R. Ryan Posten, Director Office of HazMat Enforcement, US DOT PHMSA . Special guests from China were Mr. Zhengcai Chen, Division Director, Ministry of Transport and Guigen Fan, General Engineer, Bureau of Transport and Port Authority of Shanghai City.  Among the many important  items discussed were the dangerous goods transportation restrictions being implemented during the Shanghai 2010 World Expo. Please see the box below for the initial information. A detailed report on the Annual meeting will be forthcoming.         

VOHMA members had an opportunity to provide a ship and terminal tour to the Chinese delegates and US DOT personnel on March 27. A special thank you to VOHMA Chairman Bob Ahlborn, Director Security & Dangerous Goods, Hapag-Lloyd AG, George Pollock, Assistant National Export Traffic, COSCO and Manager Marine Operations / Security, China Shipping (NA) Agency Co., Inc. for all of their efforts and making this a great success.    

To contact us simply click here - mail@vohma.com or call 518-761-0263.

Regards,
Lara Currie
Administrator
lara@vohma.com

Shanghai 2010 World Expo Report

April 1 - Long Beach CA
Mr. Zhengcai Chen, Division Director, Ministry of Transport and Guigen Fan, General Engineer, Bureau of Transport and Port Authority of Shanghai City presented information at the VOHMA Roundtable, briefing members and guests on the plans to ensure that interruptions to the transportation of dangerous goods during the Shanghai 2010 World Expo will be kept to a minimum. 

The Expo is scheduled from May 1 to Oct 31, 2010 and it is anticipated that 70 million visitors will attend the event. Mr. Chen and Mr. Fan indicated that current plans stipulate that only high risk chemicals will be embargoed in areas in the immediate vicinity of the city of Shanghai. The list of chemicals would be similar to those banned during the 2008 Beijing Summer Olympics. The Chinese representatives went on to say that it is currently believed that one of the ports in Shanghai will remain open for transshipments. Mr. Duane Pfund, Director International Standards, US DOT PHMSA volunteered that his office would be happy to act as the point of contact for dissemination of information and translations for carriers and shippers in the US as the reports become available from China. 

In the event that it might be helpful in your planning process, we have provided the final list of materials that were banned during the 2008 Summer Olympics in Beijing and a copy of the last situation report made available from the US DOT. Please advise if you have any questions.

Click here for the final list of materials embargoed in China during the 2008 Summer Olympics. Click here for a copy of the last Situation Report (SitRep) regarding the Summer Olympics published by the US DOT.      

DOT Press Release

U.S. Transportation Secretary LaHood Signs a Cooperative Agreement with the Chinese on the Safe Transport of Dangerous Goods

WASHINGTON, DC – U.S. Secretary of Transportation Ray LaHood joined China’s Minister of Transport Li Shenglin today in a historical signing of an agreement to cooperate on the safe transportation of hazardous materials.

Signing the agreement, Secretary LaHood said that both nations’ industries – including manufacturing, agriculture, and medical research – need regular access to certain types of dangerous materials to conduct business.

“Chinese businesses ship billions of dollars worth of trade goods around the world each year, including to the United States,” said Secretary LaHood. “We are eager to work together to make sure these items are transported safely. And I look forward to participating in this important mission.”

Following a joint Transportation Forum held in Beijing last December to address transportation issues including safety, the agreement was shaped to help ensure the safe transport of materials across all modes of transportation – from seaports and aviation to rail and highway.

Complete Text

Ocean Carrier Request - Explosives

We have received a request from someone looking for an ocean carrier who accepts explosives. If you know of someone who is interested in talking with them please let us know, or contact this person directly:

Angela Endler
Transgroup Worldwide Logistics
T:(908) 345-0555 ext. 202

Please follow up with VOHMA with a testimonial to include in a future Watch newsletter.

US DOT Pipeline & Hazardous Materails Safety Administration (PHMSA)

PHMSA has released the latest version of its organizational chart. Click here to retrieve the file.

UN 35 Session - Spreadsheet

The Sub-Committee of Experts on the Transport of Dangerous Goods, Thirty-fifth Session Geneva 22-26 June, 2009. Click here to view spreadsheet.

New Mobile ERG 2008 Software For Emergency Responders 

http://www.dot.gov/affairs/dot4109.htm

New Mobile Emergency Response Guidebook 2008 Software Available to Emergency Responders – ERG2008 Mobile for Smartphone.  An electronic version of the Emergency Response Guidebook 2008 (ERG) that operates on non-touch screen Windows Mobile phones called “ERG2008 Mobile for Smartphone” is now available to the public.  In June 2007, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Department of Health and Human Services’ National Library of Medicine (NLM) joined forces to provide emergency responders with electronic access to the ERG.  The ERG Mobile for Smartphone software is a result of PHMSA’s ongoing relationship with the NLM.  The goal of this effort is to provide fire fighters, police and other first emergency responders the information they need to make the rapid decisions necessary to protect the public from hazardous materials transportation incidents.  This software can be downloaded from PHMSA’s website at http://www.phmsa.dot.gov/hazmat/library/erg#page6. Contact for media:  Joe Delcambre (202) 493-0730 and for web downloads:  Nancy White (202) 366-6020. 

New GHS documents and Deadlines for submission of papers

New GHS documents and Deadlines for submission of papers for upcoming meetings of the UN Sub-Committee of Experts on the GHS and associated working groups (June 29-July 1).

A compilation of the changes to the GHS Purple Book (Rev.2) is now available, click here.

Rev. 3 will incorporate these changes, but it may be some time before it is available.

Reports of the GHS Sub-Committee and full TDG/GHS Committee December meetings, including the program of work approved for this biennium, are posted at:  http://www.unece.org/trans/main/dgdb/dgsubc4/c4age.html

http://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html

Deadlines:
The deadline for filing working documents for June 29-July 1

Sub-Committee meeting is April 3.  Informal documents may be filed at any time. It is the policy of the Sub-Committee not to take any substantive action to amend the GHS based on informal documents; however, informal documents may be discussed and may lead to the submission of formal working papers for consideration at subsequent sessions.  All documents filed for Sub-Committee are--or will be--posted, click here                 

Report of the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals on its fourth session

Corrigendum

Report of the Sub-Committee of Expert on the Globally Harmonized System of Classification and  Labelling of Chemicals on its sixteenth session

Water Transportation

Somali pirates seize U.S.-operated ship-maritime group. Somali pirates seized a Danish-owned, U.S.-operated container ship on April 8 with 21 American crew on board in the latest of a sharp rise in attacks off the Horn of Africa nation, a maritime group said. A spokesman from the Kenya-based East African Seafarers’ Assistance Program said the 17,000 ton vessel was hijacked in the Indian Ocean 400 miles off the Somali capital Mogadishu. He said all of the crew was believed to be safe, and that the vessel had been tentatively identified as the Maersk Alabama. Gunmen from Somalia seized a British-owned ship on April 6 after hijacking another three vessels on April 4 and 5. The pirates typically use speed boats launched from “mother ships,” which means they can sometimes evade foreign navies patrolling the busy shipping lanes and strike far out to sea. They take captured vessels to remote coastal village bases in Somalia, where they have usually treated their hostages well in anticipation of a sizeable ransom payment. Click here for more information. (April 8) 

The Marine Accident Investigation Bureau's (MAIB) Business Plan for 2009-10 has been published. It contains details of specific areas of work planned for the coming year, together with a description of the way the MAIB conducts its investigations, and the means by which it is funded. 
MAIB Business Plan 2009-10 (125.75 kb)

Safety Digest 1/2009
The MAIB's compendium of anonymous accident summaries and safety lessons learned was published on 1 April 2009.
Safety Digest 1/2009 

EPA port regulations failing to protect public health, report says. U.S. Environmental Protection Agency’s (EPA) efforts to slash ship emissions at ports have not gone far enough to protect human health, the agency’s inspector general said in a recent report. Under the Clean Air Act, EPA has authority to regulate emissions from oceangoing vessels if their emissions threaten health. But while EPA has acknowledged for more than 14 years that ship emissions are health risks, the agency has only regulated nitrogen oxides emissions, and only from U.S.-flagged vessels. EPA has deferred taking a position on whether it has authority to regulate foreign ships, which account for about 90 percent of all U.S. port calls, the report says. But the agency has pursued international emission reductions through the International Maritime Organization (IMO). Last October, the IMO adopted new standards for vessel engines and fuels. But before significant emissions reductions can be achieved, EPA must establish control areas in which ships would be subject to tougher regulations. Click here for more information. (March 25)   

European News

ECHA has issued an updated list of substances that were pre-registered under REACH. It contains around 143,000 substances, although ECHA does not expect them all to be registered. The new list provides CAS numbers for some substances that were previously identified only by name, improved search functions and list numbers (in the format of EC numbers) for those substances without a current EC number. The revised list can be found at http://apps.echa.europa.eu

Andorra has acceded to the ADR Agreement and the 1993 Protocol to ADR. This means that ADR will take effect on Andorra's roads as from April 9. Andorra will not be acceding to RID as it has no railways.

Dates have been finalized for the annual Update Seminar in the UK. The event, formerly organized by Pira International but now the responsibility of the Vehicle Certification Agency (VCA), provides an opportunity for UK industry to come up to speed with changes to the regulations governing the transport of dangerous goods. As ADR takes effect on July 1, the seminar will take place on June 16 and 17  just outside Birmingham. More details can be found at www.vca.gov.uk/.

Industry Updates

Judge adds millions to injured workers’ awards. An Oconee County South Carolina judge has ruled that an Upstate chemicals distributor must pay another $3.6 million to two men who suffered severe burns and other injuries while working at a metal refinery plant, a decision that more than doubles what a jury originally awarded the pair. After a six-week trial last December, a jury found chemical distributor Univar liable for improperly packaging the chemical — sodium bromate — and awarded $1.9 million and $1.4 million to the two men respectively, records show. Click here for more information. (April 6) 

OSHA proposes more than $1.2 million penalty to St. Louis MO area chemical repackaging and distribution company. OSHA has cited St. Louis, Missouri-based G.S. Robins & Co., doing business as Ro-Corp Inc., for alleged willful, repeat, and serious violations of federal workplace safety standards, proposing more than $1.2 million in penalties for numerous violations relating to the handling of hazardous chemicals at the company’s facility in East St. Louis. Click here for more information. (April 3)

EPA releases ACToR chemical database. A new online database, the Aggregated Computational Toxicology Resource (ACToR), provides information on more than 500,000 man-made chemicals from over 200 public sources and can now be accessed at http://actor.epa.gov/actor. According to a March 12 press release from the U.S. Environmental Protection Agency (EPA), the database allows access to hundreds of data sources in one place. ACToR was developed to support the ToxCast program of the EPA National Center for Computational Toxicology. ACToR was used to analyze toxicity information on almost 10,000 chemicals regulated by EPA and to identify data gaps to be addressed by ToxCast, which will greatly help the agency prioritize future testing of chemicals. Key findings are that while acute toxicity data is available for 59 percent of the surveyed chemicals, detailed testing information is much more limited. Twenty-six percent of the 10,000 chemicals have carcinogenicity testing data, 29 percent have developmental toxicity testing data, and 11 percent have complete reproductive toxicity test results. Click here for more information. (March 20)   

Canadian Regulatory Updates

Click here to view the flow chart provided by Transport Canada to assist with determining ERAP under current regulations.  Also available on the International Regulatory Information page on the Members Only site.

Canadian Regulatory Activity Spreadsheet - June 17, 2008

Regulations amending the Transportation of Dangerous Goods Regulations (Amendment 9) for public consultation
Text 
This amendment updates the references to CGSB-43.147 and CGSB-43.126 to the 2008 versions of both standards. The CGSB-43.126 was formerly a National Standard of Canada and the edition, published in September 2008 is a new edition and is not an amendment to the existing standard.

This amendment also updates the references to the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions to the 2009-2010 edition. The 2009-2010 edition is now available in English and French and the update is a timely addition to this proposed amendment and is considered a routine amendment.
Explanation of Changes, Amendment 9

Transport Canada has issued FIBA a Permit for Equivalent Level of Safety (SU 9987) allowing FIBA's DOT UN tubes manufactured in accordance with ISO standard 11120 to transport hazardous materials within Canada by road, rail or marine. The permit remains valid until April 30, 2014.

Transport Canada has issued a note on the enforcement of subsection 4.15(2) of the TDG Regulations, which relates to the carriage of 'DANGER' placards on large means of containment. TC has acknowledged that the current text is ambiguous and that enforcement actions may not be consistent. It has already issued an informal proposal to amend the text and is awaiting comments from industry before a formal proposal is posted. In the meantime, inspectors are being advised not to take enforcement action under 4.15(2) unless the less restrictive of the two possible interpretations is not met. 

An informal proposal for amendment to the TDG Regulations (4.5.1.1 – Danger Placard)  was distributed for comments to the Regions on January 30^th 2009. This informal proposal was then sent to members of the Minister’s Advisory Council and Task Force for comments. TDG Website

New Job Postings & Resumes on the VOHMA Website

We have added new job postings and resumes to the VOHMA web site. Have a position or looking for a position? Check the VOHMA Classifieds - http://www.vohma.com/classified.htm

Regulatory Updates - US

VOHMA constantly monitors 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.
Regulatory Update Spreadsheet   - Updated to January 23, 2009

Federal Register: April 9, 2009 (Volume 74, Number 67) Page 16135-16144 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 173, 176, 178, and 180 [Docket No. PHMSA-2006-25910 (HM-218E)] RIN 2137-AE23 Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
ACTION: Final rule.
SUMMARY: PHMSA is amending the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant amendment adopted in this final rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers.

DATES: Effective Date: This final rule is effective May 11, 2009.

Voluntary Compliance Date: Voluntary compliance with all these amendments, including those with delayed mandatory compliance, is authorized as of April 9, 2009.

Incorporation by Reference Date: The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of May 11, 2009.
Text   PDF 

Federal Register: March 31, 2009 (Volume 74, Number 60) Page 14612-14613 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration International Standards on the Transport of Dangerous Goods; Public Meeting 
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation. 
ACTION: Notice of public meeting.
SUMMARY: This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the 35th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held June 22-26, 2009 in Geneva, Switzerland. During this meeting, PHMSA is also soliciting comments relative to potential new work items which may be considered for inclusion in its international agenda, and comments relative to a potential future rulemaking action regarding the use and applicability of international standards.

DATES: Wednesday, June 17, 2009; 9:30 a.m.-12 p.m.

ADDRESSES: The meeting will be held at the DOT Headquarters, West Building, Oklahoma City Conference Room, 1200 New Jersey Avenue, SE., Washington, DC 20590.  Conference Call Capability/Live Meeting Information: Conference call-in and ``live meeting'' capability will be provided for this meeting. Specific information on call-in and live meeting access will be posted when available at http://www.phmsa.dot.gov/hazmat/regs/international
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Federal Register: March 30, 2009 (Volume 74, Number 59) Page 14184-14185 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Supplemental Policy on Assessing Maximum Fines under the Motor Carrier Safety Improvement Act of 1999 (MCSIA) Section 222 
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. 
ACTION: Notice of policy change.
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) provides notice to the motor carrier industry of policy changes regarding the assessment of maximum fines under section 222 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). Section 222 requires the Agency to assess maximum statutory penalties if a person is found to have committed a pattern of violations of critical or acute regulations, or previously committed the same or a related violation of critical or acute regulations.

DATES: Effective Date: This change in policy is effective April 1, 2009.
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DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 101, 104, 105, and 106 [Docket No. USCG-2007-28915] RIN 1625-AB21 Transportation Worker Identification Credential (TWIC)--Reader Requirements 
AGENCY: Coast Guard, DHS. 
ACTION: Advanced notice of proposed rulemaking.
SUMMARY: This advanced notice of proposed rulemaking discusses the United States Coast Guard's preliminary thoughts on potential requirements for owners and operators of certain vessels and facilities regulated by the Coast Guard under 33 CFR chapter I, subchapter H, for use of electronic readers designed to work with Transportation Worker Identification Credentials (TWIC) as an access control measure. It discusses additional potential requirements associated with TWIC readers, such as recordkeeping requirements for those owners or operators required to use an electronic reader, and amendments to security plans previously approved by the Coast Guard to incorporate TWIC requirements.

This rulemaking action, once final, would enhance the security of ports and vessels by ensuring that only persons who hold valid TWICs are granted unescorted access to secure areas on vessels and port facilities. It would also complete the implementation of the Maritime Transportation Security Act of 2002 transportation security card requirement, as well as the requirements of the Security and Accountability for Every Port Act of 2006, for regulations on electronic readers for use with Transportation Worker Identification Credentials.

DATES: Comments and related material must reach the Docket Management Facility on or before May 26, 2009.
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Federal Register: March 26, 2009 (Volume 74, Number 57) Page 13114-13116 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 101 [Docket Nos. TSA-2006-24191; USCG-2006-24196] Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
SUMMARY: The Department of Homeland Security (DHS) through the United States Coast Guard (Coast Guard) issues this final rule to amend one provision of its previously issued final rule. Specifically, the Coast Guard is amending its definition of secure area to take into account facilities in American Samoa, whose workers are not required to be authorized to work in the United States under U.S. immigration law when working in American Samoa.
DATES: This final rule is effective March 26, 2009.
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Federal Register: March 18, 2009 (Volume 74, Number 51) Page 11628 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28055] Demonstration Project on NAFTA Trucking Provisions 
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Notice of termination of demonstration project.
SUMMARY: The FMCSA announces termination of the demonstration project that allowed up to 100 Mexico-domiciled motor carriers to operate beyond the U.S. border commercial zones, and the same number of U.S. carriers to operate in Mexico. Section 136 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009, of the Omnibus Appropriations Act, 2009, prohibits FMCSA from using appropriated funds to continue the demonstration project.
DATES: Effective Date: This notice is effective March 11, 2009.
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Schedule of Meetings

June 3, 2009 -1:00 p.m. Eastern Time . - VOHMA Membership Meeting - Web/Conference Call (details to be emailed at a later date)

June 8-12, 2009 - IMO E&T Meetings

June 17, 2009 - US Pre-UN Public Meeting

June 22-26, 2009 - UNSCOE TDG 

June 29- July 1, 2009 - GHS 

August 19, 2009 - VOHMA Membership Meeting, Holiday Inn North Newark International Airport
(guest speaker from U.S. Coast Guard to review IMO Papers)

September 21-25, 2009 - IMO DSC

September 28- October 8, 2009 - IMO ET

October 14, 2009 - 1:00 p.m. Eastern Time - VOHMA Membership Meeting - Web/Conference Call (details to be emailed at a later date)

November 19, 2009 - US Pre-UN Public Meeting

November 30 - December 9, 2009 – UNSCOE TDG

December 9-11, 2009 - GHS

2009 VOHMA Training Dates

Click here for a pdf version of the 2009 training brochure

October 5, 2009 - Recurrent IMDG Training - Holiday Inn Harmon Meadows, Secaucus, NJ

October 6-8, 2009 - 3 day IMDG Training - Holiday Inn Harmon Meadows, Secaucus, NJ

Having Any Trouble?

If you are experiencing any difficulty navigating around the VOHMA web site or you are unsure of what is offered and available on the site please give us a call. We would be delighted to take a few minutes to show you how to use this valuable resource. Phone: 518-761-0263.

If your VOHMA Watch is coming out distorted or unreadable let us know - we have options on how we can transmit the information and we'd be happy to try another format for you. mail@vohma.com