The Surface Transportation Board (STB) is being asked to help solve a control dispute involving a commuter rail agency and a common carrier freight railroad that share track. At issue—hazardous materials. Here, a CN freight train passes a Metra Electric Commuter train (Note: NOT the entities involved in the dispute) in Matteson, Illinois in February, 2015. © 2/2015 by Nikki Burgess; all rights reserved.

Mid-month finds the regulatory beat slowing a bit, perhaps in anticipation of the looming holiday season—however we’re on top of the news that did hit the street last week, and here it is:

Consumer Products Safety Commission

Retail manufacturer’s alert: household goods not classified by OSHA or PHMSA that may nevertheless contain harmful substances are getting their own safety database.  The Consumer Products Safety Commission is in the middle of efforts to create the database, specified by law as far back as 2008 however not yet fully constructed.  The database will allow for product safety submissions by both the manufactures of such products as well as so-called “reports of harm” from the general public—how this last is to be factually verified is still a work in progress.  See the link for the latest in the effort

PHMSA

Though just a bit outside our normal purview, the creation of a new PHMSA working group is always news worth sharing, and our petrochemical industry readers will be interested to know that the agency is forming one aimed at you!  PHMSA is seeking nominations for individuals to serve as members for three-year terms on the Voluntary Information-Sharing System (VIS) Working Group. This is a newly created working group established in accordance with section 10 of the Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016 which required an active new group of this type be formed by December 19, 2016 to consider efforts to improve inspection feedback and information sharing for improving gas transmission and hazardous liquid pipeline facility risk analysis.  Nominations for membership are due by November 28, 2016.

Surface Transportation Board

The Surface Transportation Board is investigating an interesting dispute that should merit the attention of hazmat shippers by rail. A northern California short line common carrier railroad and a local commuter authority are embroiled in a legal dispute over the authority of the commuter agency to control entry of hazmat loaded cars onto trackage the common carrier freight railroad has operating rights over but that the commuter line dispatches.  This appears from the albeit limited information in the Federal Register notice to be a case of the commuter line’s dispatchers allegedly acting in a regulatory authority capacity which would typically be considered as being well outside their normal purview.  The commuter authority of course maintains that is not the case.  If the action is sustained by the STB as it is, one could posit that it may certainly set a novel precedent for the status of cooperative agreements between commuter authorities and any resident freight operators.  Commuter authorities are generally civil in nature, and are thus rather more responsive to local political pressure than is a private common carrier railroad.  Here’s the notice

FMCSA

• The agency has issued a new information collection regarding hazardous materials safety permits.  This ICR requires companies holding safety permits to develop communications plans that allow for the periodic tracking of the shipments. A record of the communications that includes the time of the call and location of the shipment may be kept by either the driver or the company. These records must be kept for at least six months at the company’s principal place of business.  See the details here
• In urgent safety action the agency issued a safety advisory to provide notice to owners and operators of DOT407 and DOT412 cargo tank motor vehicles manufactured by Keith Huber Incorporated. These cargo tanks are NOT in compliance with Federal Hazardous Materials Regulations (HMRs) and do NOT meet 49 CFR 178.347.  This safety advisory is for cargo tanks manufactured by Keith Huber Incorporated PRIOR TO MAY 1, 2013. The agency notes that Keith Huber Incorporated is no longer in business and ceased manufacturing cargo tanks on or about May 1, 2013.  Keith Huber Incorporated is a distinct entity from the Keith Huber Corporation.  Cargo tanks manufactured by the Keith Huber Corporation are NOT subject to this safety advisory.  Continued use of the Keith Huber Incorporated DOT407 and DOT412 cargo tanks in specification hazardous materials service is prohibited; owners and operators are subject to immediate enforcement and civil penalties. See more here

Marine DG Safety News

The UK based P&I Club, a marine safety organization, has published an updated edition of its Guidance for crews on the International Maritime Solid Bulk Cargoes (IMSBC) Code. This new edition, considered as the industry standard on the subject, describes the necessary steps that may be required prior to accepting bulk solids shipping cargoes.  It also outlines procedures for loading and explains many of the biggest hazards that may accompany different cargoes.  Get your access here

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