[ RadSafe ] Enforcement of IATA/ICAO/IAEA "regulations"

[Blute, James J.]

Hello Walt,

I was reading back in radsafe and saw your post from March about FAA and DOT enforcement of the IATA training requirement.  I think one respondent had it correct that IATA becomes regulation by reference within the DOT regs.  But not all of IATA, only certain parts.  Anyway, as for the IATA 2 year training requirement, DOT has made a formal call on this issue and I have received written confirmation from an FAA inspector that they are in agreement.  I think you and others on radsafe will find the following email thread very very, interesting.  I feel really bad for the folks that got cited for this.  To start, check out this link...

http://www.myregs.com/dotRSPA/goto.asp?ref=IDOT_971018&shopos=no

and then check out my entire email thread below...

WORLDWIDE CONFIDENTIALITY NOTE: Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent of a system responsible for delivering the message to the intended recipient, is prohibited. If you are not the intended recipient, please inform the sender and delete all copies.
-----Original Message-----

From: Sharon.Whitt at faa.gov [mailto:Sharon.Whitt at faa.gov]
Sent: Tuesday, March 27, 2007 9:24 AM
To: Blute, James J.
Subject: Re: DOT and ICAO Training Frequency


Good Morning,

For shippers, DOT requires that you have hazmat training every three
years.
The training can be obtained using 49 CFR, IATA or ICAO.  Though IATA
and
ICAO state a two year requirement, DOT can only enforce the three years.

Enjoy your day.


To    Sharon Whitt/ANE/FAA at FAA

             03/26/2007 12:07

 
Subject DOT and ICAO Training Frequency

 
Dear Ms. Whitt,

You visited my company, Thermo Electron (now Thermo Fisher Scientific)
In Billerica, MA sometime early last year for an inspection.  At the time
You gave me your card and informed me that I could contact you if I ever had
any questions about the regulations for transport of hazardous materials
by air.  I have a question for you at this time.

We make a small handheld analytical instrument with a sealed source of
radioactive material that, when shipped, is shipped as an excepted
package UN2911.  Our customers must also be able to ship this and therefore get The appropriate training.  I have always been under the understanding that ICAO Technical Instructions, as described in the IATA regulatory guidance, requires training every 2 years versus the DOT requirement of every 3 years.  I have just been made aware of a letter dated May 6 1997 where a Mr. D. Billings of the DOT responds to an inquiry by Mr. J. Nipper of The FAA with regards to training frequency.  In this letter it is stated
That training every 3 years for shippers using ICAO instructions is
Sufficient under DOT regulations.  I would like to find out if the 3 year training frequency is still considered acceptable.  Can you or someone in your organization confirm this? I have included a link to a copy of this
Letter I have found online.  I also have a signed copy of you need it sent to  you.

http://www.myregs.com/dotRSPA/goto.asp?ref=IDOT_971018&shopos=no


Jim Blute, CHP
Radiation Safety Officer
NITON Analyzers
Thermo Fisher Scientific

900 Middlesex Turnpike, Building 8
Billerica, MA 01821 USA
Toll Free:     800-875-1578
Phone:    +1 978-670-7460 x ext 310
Fax:        +1 978-670-7430
Mobile:    978-790-8269
jim.blute at thermofisher.com
www.thermofisher.com

WORLDWIDE CONFIDENTIALITY NOTE: Dissemination, distribution or copying
of
this e-mail or the information herein by anyone other than the intended
recipient, or an employee or agent of a system responsible for
delivering
the message to the intended recipient, is prohibited. If you are not the
intended recipient, please inform the sender and delete all copies.

END OF MY EMAIL THREAD

Jim Blute
Health & Safety Manager, RSO
Thermo Scientific NITON Analyzers
Thermo Fisher Scientific

900 Middlesex Turnpike, Building 8
Billerica, MA 01821 USA
Toll Free:     800-875-1578 x 310
Phone:    +1 978-670-9943 x 310
Mobile:   +1 978-790-8269
Jim.blute at thermofisher.com
www.thermo.com/niton
Thermo Scientific NITON Analyzer Licensing
Thermo Scientific NITON Analyzer Training

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of Walt Cofer
Sent: Thursday, March 19, 2009 2:02 PM
To: radsafe at radlab.nl
Subject: [ RadSafe ] Enforcement of IATA/ICAO/IAEA "regulations"

I was recently told by a respected colleague that he was aware of cases where USDOT and FAA inspectors had cited radioactive materials licensees for noncompliance with IATA/ICAO/IAEA "regulations." and had issued steep fines for the violations.  I put the word "regulations" in quotations because these organizations are not regulatory agencies, but each issues what I would describe as "quasi-regs" because the IATA and the ICAO issue "instructions" on hazmat transportation that are followed by the airline industry and the IAEA "standards" are adopted by many foreign countries.

The specific "requirement" my colleague mentioned was the IATA/ICAO requirement for hazmat employee training to be conducted at two year intervals, rather than the three year interval specified in 49 CFR Part 172, Subpart H.

I emailed contacts at both agencies about this.  My PHMSA contact told me that her agency doesn't enforce IATA.  My FAA contact said that their inspectors will enforce whatever commitments are made in by the organizations they regulate, so if an FAA repair station commits to the IATA requirement for 2-yr. refresher training and they haven't done it, they will be cited, so based on that, it appears that at least the FAA does some enforcement of the requirement.  The FAA's approach parallels my experience as a state radiation control regulator; if a rad. materials licensee commits to something (like 2-yr. hazmat employee refresher training), then my agency would hold them to it. 

My concern is that anyone who uses FedEx or other common carriers for air shipments of RAM is expected to abide by IATA/ICAO requirements, but its not like FedEx is checking with their clients to see if they actually do it, so if a company never commits to anything in writing that could gig them by the FAA or another regulator, are they off the hook or not?

My question to the group is, has anyone experienced enforcement of IATA/ICAO/IAEA requirements by the USDOT or FAA?  If so, what was the context and outcome?

Any feedback on this topic would be helpful.

Walt Cofer
Radiation Control, Inc.
Tallahassee, FL
Tel:    (850) 668-8559
Cell:   (850) 519-5351
Email: radcontrol at embarqmail.com
Web:  www.rad-control.net
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