PHMSA
49 CFR – There’s an App for that?

oCFR Regulation Smartphone app

We’ve Come a Long Way

Technology is everywhere we look now. Think about some of the advertisements on television you see for what is available today in the realm of technology. There is the refrigerator that sends you pictures of its insides and keeps your grocery list. A device that can regulate your thermostat, turn on your lights, and send you reminders about events. Cell phones can now stream videos, search the internet, pay your bills, and still make calls. All of these are just in the past year.

Think back about ten years ago. It doesn’t seem that long ago, now does it? It is around this time that the iPhone craze was starting. In 2008 the iPhone 3G was released. As the second generation of iPhone, it came preloaded with such features as a GPS, special email capabilities, and the App Store. App stands for Application. It is from the App Store that people could download various tools, games, and software. Around this time, Apple began to advertise with the slogan, “There’s an App for that”.  You can watch one of the original commercials here.

So, why all the history? Because there is a new app available from the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA). This app called “oCFR” (Online Code of Federal Regulations), which allows access to a simplified, mobile version of the Code of Federal Register (CFR). The app works on both Apple and Android devices. Also, it is FREE!

What can I do with the oCFR app?

From the app, a user can access the 49 CFR parts 100-180 for transportation including classifying and packaging for hazardous materials by highway, railway, aircraft, and boat. There is also access to the minimum safety standards for liquefied natural gas facilities found in parts 190-199.

After playing around with it some, here are some of my general comments.

General Comments:

  • The app was easy to download and find in the App Store.
  • If the user knows the exact section needed, the Section can be entered directly into the search bar and it takes you directly there. Each paragraph of that section is then listed as individual links.
  • For directions on how to use the App, users should click on the “About” link at the bottom of the opening screen. This will take you to another link that I would call the overview.
  • On the overview page for the oCFR tool there are links to access the following:
    • the oCFR Tool itself
    • A direct link to the Hazardous Materials Table and Appendices
    • A direct link to “All Interps” which is a way to search all of the letters of interpretation.
    • Chapter I PHMISA DOT Parts 105-199 divided by Subchapters A-D including 2 Subchapter Cs. One is for Parts 170 – 177 and the other is a continuation with Parts 178-185.
  • From the overview, a user can download the “oCFR Quick Reference Guide”. This Guide describes how to use the online application and some general features of it. You can also access the guide while on the oCFR tool overview page.
  • It will take some time to use the app proficiently.

This is a great way to gain access to the regulations during transport of hazardous materials. Stay tuned to ICC Compliance Center’s blogs for other great applications and regulatory updates.

Single Packaging
Latin, Vince Lombardi, & Packaging Selection

Man preparing shipment

Practice Makes Perfect

Most of us have heard the phrase, “Practice makes perfect”. I did when learning my multiplication tables. Others hear it in reference to playing sports. What is interesting is the phrase originates from the 1500’s. In Latin, it is ‘Uses promptos facit‘ which translates to ‘use makes mastery’. Vince Lombardi, American football player and coach, said it differently. For him, “Practice does not make perfect. Only perfect practice makes perfect” was the correct way to say it. The intent is the same. The only way to get batter at something is to practice it.

So how does that relate to making the correct packaging selection for shipments of hazardous materials? A shipper should practice using the regulation and the UN Specification Markings together before making any decisions on packaging. When working with clients in transportation training sessions I always remind participants that packaging is two-fold. You have to use what the regulations say and what the marking on your packaging allows. Let’s do a practice problem to show what I mean.

Steel Drum MT0M502

Practice Problems:

Problem #1:

Can a shipper put 16 Liters of UN1114 Benzene into a steel drum with a non-removable head for a US Ground shipment using 49 CFR? Benzene has a specific gravity of 0.876 g/ml. The drum has the code 1A1 / Y1.8 / 250 / 16 on it.

Solving Process/Logic: First, the shipper has to understand what the specification marking means. It is a steel drum with a non-removable head single packaging for liquids. The drum is rated to hold Packing Groups II and III materials if their specific gravity measurements are 1.8 g/ml or less.  The 16 Liters makes it a non-bulk shipment. This means column 8B of the Hazardous Materials Table (HMT) of 49 CFR is checked. The HMT sends the shipper to Section 173.203 for authorized packagings for that description. A steel drum with a non-removable head as a single packaging is listed in Paragraph (c).

Final Answer #1: This shipment is acceptable per the regulations and for the packaging.

Problem #2:

Using the same setup as Problem #1, let’s change the Specification code to 3H2 / Z25 /S/ 17. Is this allowed?

Solving Process/Logic: Again, the shipper has to understand what the specification marking means. It is a plastic jerrican with a removable head. It is rated to hold Packing Group III materials only and the maximum gross mass allowed is 25 kilograms. Check the regulations to see if the shipment is allowed by 49 CFR. The full shipping description is still UN1114 Benzene Class 3 Packing Group II. At this point, the shipper can stop. The jerrican is only rated to hold Packing Group III materials. Benzene is in Packing Group II.

Final Answer #1: This shipment is acceptable per the regulations. However, it is NOT for the packaging.

These problems are not easy. Try some on your own using the materials shipped from your location and the packaging you have on hand.  Remember, the only way to have your decisions be perfect is to practice.

For all your training and packaging needs, contact ICC Compliance Center today.

USPS Regulations and Updates
USPS Simplifies Mailing Ethanol-Based Products by Air

Cargo loading on aircraft

Consumer Products

It seemed such a simple task at the time. A company decided to expand their consumer product line to include perfumes. They expected to send orders to customers, as they did their other products, by airmail. Yet, when setting up the shipment, an unexpected roadblock appeared. The U.S. Postal Service (USPS) told them that the perfume was a hazardous material.

How can a common consumer product like perfume be hazardous for transportation? Most perfumes have an alcohol base, designed to evaporate quickly leaving the scent behind. Unfortunately, this means that such perfumes are flammable liquids for transportation and are subject to Department of Transportation (DOT) as well as USPS restrictions for both ground and air transport.

So, the decision to go into perfumes created some major headaches for the company. But they recently got some good news. If the perfume is based on ethanol, one of the most common alcohols, the company will get a break – USPS has reduced the requirements for this one solvent. Ethanol, or ethyl alcohol, can be found in many consumer products, ranging from perfumes to hairspray to bath oil. By reducing the requirements for shipment of these products, shippers will enjoy reduced costs and complexity.

Airmailing Hazardous Materials

If you wish to airmail hazardous materials in the United States, your first step should be to consult USPS Publication 52 – Hazardous, Restricted, and Perishable Mail. This document provides instructions and restrictions for hazardous materials, as well as restricted articles such as firearms and perishable items such as food, plants and live animals. It seems people mail some quite unusual products – it’s rather surprising that “live scorpions” are mailable, although the guide notes “only under limited circumstances.”

Publication 52 addresses airmail for most flammable liquids as follows in section 343.3(a):

“For air transportation, parcels containing mailable Class 3 materials must bear the DOT square-on-point marking. The top and bottom portions of the square-on-point and the border forming the square-on-point must be black, and the center must be white or of a suitable contrasting background. The symbol “Y” must be black, located in the center of the square-on-point, and clearly visible. Mailpieces must also be marked with the proper shipping name “Consumer Commodity” and identification number “ID8000.” “Each mailpiece must also bear an approved DOT Class 9 hazardous material warning label … A properly completed shipper’s declaration for dangerous goods prepared in triplicate must be affixed to the outside of the mailpiece.”

However, ethanol-based flammable liquids, as well as solids impregnated with ethanol (such as cotton pads used as alcohol wipes) are also subject to section 343.27. This requires that the airmailed package be marked with the words “Contains Air-Eligible Ethyl Alcohol – Authorization (#)” in 14 point type. In addition, the package must display the mailer’s company name and address.

Where does one obtain the Authorization Number? That’s assigned by the USPS on request.

Publication 52 says:

“Mailers must submit a letter of request to the manager, Product Classification…. The request must include a list of each specific product to be mailed under the authorization, an MSDS for each product, the office of mailing, and expected frequency and quantity of mailings.”

To simplify the shipment of these materials, USPS has now removed the requirement for the shipping name, ID number and hazard class label. The package must simply display the “Contains Air-Eligible Ethyl Alcohol” mark, the Authorization Number, and the company name and address.

To make the job even easier, alcohol solutions shipped under these provisions no longer require the shipper to affix a Shipper’s Declaration for Dangerous Goods to the outside of the package.

Packing Instructions

Of course, when shipping hazardous materials by air, the shipper must follow specific packing instructions.

Publication 52 instructs:

  • For content containing not more than 70% ethyl alcohol by volume, tender only parcels weighing 25 pounds or less. Each non-glass primary receptacle must not exceed 16 ounces of flammable liquid or 1 pound of solids. Each glass primary receptacle must not exceed 8 ounces of flammable liquid or 1/2 pound of solids. Total volume of flammable material per mailpiece must not exceed 96 ounces for flammable liquids or 16 pounds for flammable solids.
  • For content containing more than 70% ethyl alcohol by volume, tender only parcels weighing 16 pounds or less. Each primary package receptacle must not exceed 8 ounces of flammable liquid or 1/2 pound of solids. Total volume of flammable material per mailpiece must not exceed 48 ounces for flammable liquids or 8 pounds for flammable solids.

Finally, the mailer must notify the receiver that they cannot remail the item without obtaining their own authorization by including the following written notice with the shipment:

“Flammable liquids or solids contained in these packages may be mailed only by consumers (the addressee) via surface transportation in accordance with USPS Publication 52, section 343. Full responsibility rests with the mailer to comply with all postal and nonpostal statutes and regulations regarding mail. Information regarding postal statutes, regulations, and mailing requirements is available from your local Postmaster or district manager, Business Mail Entry, and at the Postal Service’s mailing standards website, Postal Explorer, at pe.usps.com.”

The options for airmail under this provision include Priority Mail Express, Priority Mail, First-Class Mail, or First-Class Package Service. USPS’s summary of the new requirements can be found here.

If you have questions about Publication 52 or the DOT Hazardous Materials Regulations, please contact our regulatory specials here at ICC The Compliance Center Inc. You can reach us at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).

TDG
TDG International Harmonization 2017 (TDG SOR/2017-137)

It’s Here, It’s Here! Feast Your Eyes on TDG International Harmonization 2017

(with apologies to “Genie” – aka the late Jim Backus …)

As predicted in last week’s blog on adoption of 2016 editions of CGSB standards, and reviewed in the Canada Gazette I (CG I) blog referenced therein, today’s Canada Gazette II (CG II) formalizes a variety of changes to the Transportation of Dangerous Goods Regulations (TDGR).

The amendment, despite the “International Harmonization” working title is officially referenced as SOR/2017-137 and essentially follows the CG I proposal reviewed in earlier blogs. However, as expected, there have been some changes.

See our earlier articles on the CG I proposal:

An observation on the contents of this amendment – it appears that a rumoured dropping of italicized “guidance” text has begun in SOR/2017-137. The TDGR have been somewhat unique in this approach, but the word is that it is not in keeping with justice department philosophy that guidance material should be separate from the mandatory regulatory text – e.g. in an FAQ or other separate guidance document. This amendment incorporates several instances into the regulatory text and removes several others. Fortunately, the very useful listing of UN numbers pertaining to SP are retained at the end of each SP.

By the Numbers – TDG Parts Amended

PART 1: Interpretations, General Provisions, Special Cases

Standards and Other Regulations

Ambulatory references (i.e. “as amended” or “current” editions rather than a specific date) of specified standards will now be the official versions referenced in the Table in section 1.3.1. Also referred to as “dynamic” references, the requirement to use the latest version will apply to those issued by CGSB (except CGSB-32.301, withdrawn and no longer being updated) and CSA on packaging design and/or manufacture and/or use. Also formalised in this section. The same referencing applies to 49 CFR, ICAO TI and Supplement, the IMDG Code, and the UN Recommendations and Manual of Tests & Criteria.

ASTM, CGA, ISO, MIL, TP ULC, standards, and OECD Guidelines, however, still invoke specific editions (i.e. “static” references) as the officially recognised version for the TDGR. It seems strange that TP14850 and TP14877- both issued by Transport Canada- remain in the static category.

The amendment provides a six month transition period to comply with a new edition of an “ambulatory” standard.

Definitions and Special Cases

Changes, additions and deletions have occurred in these sections as a result of the ambulatory references and/or redundancies in the updated Schedule 2 Special Provisions. A new Special Case 1.50 recognizes that propane cylinders used in hot air ballooning may be filled to a higher volume and replaces existing equivalency certificates. Special Cases 1.29 (DG in instruments or equipment) and 1.34.1 (gasoline to operate instruments or equipment) have been repealed.

PART 2: Classification

Flammable Liquids – Re-assignment of PG for Viscous Liquids

The conditions for “downgrading” the Packing Group (PG) for viscous liquids has been revised in keeping with current UN criteria.

Flammable Solids/Self-Reactive Substances

Criteria have been added to classify self-accelerating polymerizing substances to Class 4.1. Test criteria for addition of these substances are analogous to those for determining categories of organic peroxides- i.e. Manual of Tests protocol for SADT (self-accelerating decomposition temperature) is used to determine SAPT (self-accelerating polymerization temperature) for self-polymerizing substances. Four new UN numbers under Class 4.1 have consequently been added to TDGR Schedule 1.

Other Classification Changes

Test protocols for Class 5.2, 8, and 9 (lithium batteries) have been updated or clarified to harmonize with current UN protocols. The entries in Schedule I for UN2977, UN2978 (Uranium hexafluoride) and UN2815 (n-aminoethylpiperazine) now include a subsidiary Class 6.1 hazard. However, Uranium hexafluoride in excepted packages (UN3507) now has a primary hazard of Class 6.1 (with Class 7 & Class 8 being subsidiary).

PART 3: Documentation

The only direct amendment to this part is in the reference to the ICAO TI certification statement. However, changes in Schedules can affect required documentation – e.g. Special Provision (SP) 34 no longer requires a document. This reinforces the wisdom of always reviewing SP associated with a Schedule 1 entry.

PART 4: Safety Marks

Class 9

Transport Canada is updating to mirror requirements in other regulations regarding labelling (and perhaps placarding) of lithium batteries- the new Class 9 Lithium Battery label is invoked in new 4.10(1)(b.1).

New lithium battery label

The deadline of December 31, 2018 to complete the label changeover is in new SP159.

A change from the CGI proposal implies that where placards are required a standard Class 9 placard continues to be used, however the CGII expression may still need clarification. CGI proposed amending Part 4 (4.15 & the Appendix) and adding SP 159 to require the Lithium Battery Class 9 to also be used for placarding (unlike 49 CFR and the IMDG Code). Although reference to its use for placards have been dropped in SOR/2017-137 Part 4 amendments, it remains a stipulation in SP159.

Class 9 TDG label

In each case Canada is conforming to the UN convention of underlining the number “9” at the bottom of labels and placards. The underlined “9” on the regular Class 9 placard is mandatory following the general six-month transition date of January 12, 2018.

Lithium Battery Handling Mark

New Lithium Battery Mark and Pictogram

The 2017 version of the lithium battery handling mark is officially adopted in SP 34, replacing the requirement for equivalent wording on exempt packages and shipping documents (no longer require a document for SP 34 exempted). The mark may be used now, but becomes mandatory, as indicated in amended SP 34(5) after a transition period ending on December 31, 2018. Until then the previous requirements may continue.

Overpack Marking

In addition to the CG I intent, in keeping with other regulations, of not requiring an “Overpack” mark when required DG markings are visible- and specifying a 12 mm letter height- additional clarification has been provided. A safety mark must be visible pertaining to “each class” overpacked- i.e. in the case of a stretch-wrapped skid one needn’t have to see each individual package.

Other Safety Marks

The “Fumigation Sign” has been modified to include the date of ventilation as adopted in Part 4.21 in 2014. A typo, implying the entry of “UN3475” instead of “3475” on placarding in Part 4.19, has been corrected. The word “toxic” is removed from “inhalation hazard” in 4.23, in keeping with 49CFR harmonization. Similarly the letter size is specified in 4.18.2 (anhydrous ammonia) and 4.23 depending on the type of container.

PART 5: Means of Containment

Updated Standards

The changes in sections in “current” editions and their content adopted in Part 1 results in edits to 5.6, 5.12, 5.14, 5.15 and 5.16; including the removal of 5.16.1 and 5.16.2.

Crude Oil Clarification

The changes to rail car requirements are supplemented by a clarifying regulatory interpretation of “Crude Oil, Oil and Refined Petroleum Products in a new 5.1.

US Harmonization

In addition to reflecting updated standards, Part 5.10 now includes reference to accepting US-qualified cylinders.

Part 6: Training and Part 7: ERAPs

No direct changes to the sections in this amendment. New standards, reporting, and other changes may affect company-specific training. None of the new Schedule 1 listings have ERAP triggers.

Part 8: Reporting

ICAO “Dangerous Goods Occurrence” reporting requirements have been added.

Modal Updates

All modes (Parts 9-12) now incorporate the requirement for “consignor’s certification” on shipping documents.

Part 9: Road

Part 9.1 is expanded to include reciprocity for US special permit exemptions, to first destination.

Note: “exceptions” are still excluded from reciprocity if they are not mirrored in the TDGR.

Part 10: Rail

Part 10.1 as for Part 9.1. Also 10.1.1 is added to allow reciprocity with 49CFR for “One-time Movement” of non-conforming means of containment.

Schedules

Schedule 1: Classes 1-9, Shipping Descriptions

New UN numbers have been added for: Class 1.4C Rocket Motors (UN0510); Class 4.1 Polyester Resin Kits, solid based (Class 4.1); moving “engines” shipped uninstalled from UN3166 (Class 9) and re-assigning them to UN3528, UN3529 or UN3530 (Classes 2.1, 3 or 9) depending on the fuel; four types of Class 4.1 Polymerizing Substances (solid or liquid, stabilized or not) using UN3531 to UN3534- assigned to PG III.

Alternate shipping names have been added to UN0014, UN3151 and UN3152.

Various changes have been made to SP references in Column 5 resulting from additions/changes arising from the harmonization process.

93 existing UN number entries have had modifications to referenced SP.

Schedule 2: Special Provisions

In addition to specific SP referenced in earlier paragraphs above, there have been removal of some Schedule 2 SP that are now covered in updated standards or formalized in other parts.

New SP have been added for new listings and other changes.

Changes involving the addition of new SP include:

  • clarification of the shipping name for UN3314 (SP152);
  • stabilization considerations for various DG (SP155);
  • clarifying vehicle requirements after the separation of “engines” from UN3166 (SP 156 and 157);
  • an exemption for adsorbed gases (SP158); the extension for implementing the lithium battery Class 9 label/placard (SP159);
  • an exemption for celluloid (UN2000), formed into table tennis balls (SP160);
  • a requirement to cool aluminum smelting/remelting by-products (UN3170) before packaging into ventilated, water-resistant containers (SP161);
  • specifying the conditions for Uranium hexafluoride in “excepted package” (UN3507) markings (SP162);
  • exemptions from training, reporting for matches (UN1944 and UN1945) in outer packaging of 25kg or less gross mass (SP163);
  • restrictions on packing certain other DG with specified (UN2814, UN2900, UN3373) DG in Class 6.2 (SP164);
  • allowing empty UN3373 packaging to be marked without being considered misleading (SP165);
  • requiring specified UN numbers with inhalation toxicity to be re-assigned to generic “Toxic Inhalation …” names/UN numbers (SP166);
  • clarification of the conditions for allowing use of “DG in Apparatus/Machinery” (UN3363) and the applicable exemptions (SP167);
  • and an exemption from ERAP/SP23 requirements for lower sulphur dioxide contents of fuming sulphuric acid (UN1831)

Schedule 3

Changes have been made to Schedule 3 as a result of Schedule 1 and IMDG updates.

New entries for 13 shipping names (2 of which are assigned “P” in Column 4) and 18 technical names appear in Schedule 3 as a result of Schedule 1 and IMDG updates.

As well 56 existing entries, representing 42 shipping names, are now flagged as marine pollutants by addition of “P” to Column 4.

Transition:

The rail car provisions referenced in section 163 of the CGII notice are in effect on publication (i.e. July 12, 2017). Except as noted regarding SP34 and SP159 above (Lithium Battery Class 9 and handling mark), the deadline to comply with the remaining changes is January 12, 2018.

The official published version from Canada Gazette II is available here »

Transport Canada Clear Language Reference Material »


HO! HO! HO! TDG Under the Tree – Proposed Harmonization

Transport Canada Prepares to Adopt 2016 Updates to Standards

World Hepatitis Day Logo
World Hepatitis Day

Eliminate Hepatitis Banner

Are your Signs Accurate?

Since 2010, World Hepatitis Day is observed on July 28th. The goal is to raise awareness of hepatitis as well as the prevention and treatment of the disease. According to the World Health Organization (WHO), an estimated 1.34 million people died globally from this disease in 2015. In comparison, numbers that high match those caused by tuberculosis, malaria, and HIV/AIDS. According to the World Hepatitis Day website, “Currently, 90% of people living with hepatitis B and 80% living with hepatitis C are not aware of their status.” We all need to be educated. This is not a disease found in just one country or in one particular ethnicity. Here is the chance to educate ourselves. Check out the website dedicated to the even this year at http://www.worldhepatitisday.org/en/about-us

Hepatitis is the inflammation of liver tissue. It is most commonly caused by a virus and there are five main ones commonly referred to as Types A, B, C, D and E. Types A and E are usually short-term (acute) diseases. Types B, C, and D are likely to become chronic. Note that Type E is very dangerous for pregnant women.

Listed below are some key facts about each type of Hepatitis taken from the WHO website. For more information visit http://www.who.int/hepatitis/en/

Key Facts of Hepatitis Types

  • Type A – transmitted through ingestion of contaminated food and water or through direct contact with an infectious person. Almost everyone recovers from this Type. There is also a vaccine.
  • Type B – transmitted through contact with the blood or other body fluids of an infected person. This is a chronic infection with no cure. There is a vaccine for this Type.
  • Type C – transmitted through exposure to small quantities of blood. This can happen through injection drug use, unsafe injection practices, and unsafe health care. Certain individual’s own immune system will clear the infection. For others, antiviral medications can cure about 95% of others. Hepatitis C has no vaccine.
  • Type D – transmitted through contact with the blood or other body fluids of an infected person. There is no effective treatment and no vaccine. Infection with this virus cannot occur in the absence of the Hepatitis B virus. However, vaccinations against Hepatitis B is a good preventative measure to infection by Type D.
  • Type E – transmitted mainly through contaminated drinking water. It is a self-limiting infection that resolves itself in about two to six weeks. There is a vaccine developed in China, but is it not available elsewhere.

What does this mean for workers? Since many of these types are transmitted through bodily fluids including blood, they fall under OSHA’s purview. Under 29CFR 1910.1030, the Bloodborne Pathogen Standard, and the Needlestick Safety and Prevention Act of 2000 there are specific safeguards, trainings, labels, and signs that must be used in the workplace to prevent exposure to potentially infectious material. 

A link to the standard: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10051&p_table=STANDARDS

ICC Compliance Center offers a full line of biohazard labels and signs that meet the OSHA standard. We also offer a training and full packaging line for shipments of these biological substances. Check us out today!

TDG
Transport Canada Prepares to Adopt 2016 Updates to Standards

Truck Driving on highway at sunset

IBC and Bio/Infectious Substances

Transport Canada (TC) published information on some significant changes to the latest editions of standards for design/manufacture/use of packaging for bio/infectious substances and Intermediate bulk containers (IBC); CGSB-43.125-2016 and CGSB-43.146-2016 respectively.

Moving Forward

The notices are presumably to give advance warning of changes to ambulatory (“dynamic”) references as indicated in the CG (Canada Gazette) I “International Harmonization Amendment” to the Transportation of Dangerous Goods Regulations (TDGR) expected, according to usually reliable sources, to be formalized by publication in the July 12 edition of CGII.

See also the author’s earlier Blog on the CGI proposal »

These will replace the currently references, in TDGR Part 1.3.1, to the 2002 and 1999 editions respectively. TDGR 5.16 will also be amended as the information appears in the 2016 edition of CGSB-43.125.

Summaries Available

Transport Canada qualifies their information, cautioning the regulated community to carefully read the standards themselves to ensure they are aware of all changes as some may not be covered in the TC summaries. Although not mentioned directly in this TC material, rumour (again the “usually reliable sources”) has it that there will be a 6-month transition to comply with new editions of revised standards that have ambulatory references in the July 12 amendment.

The summaries highlighting changes in the standards are available on the TC website:
http://www.tc.gc.ca/eng/tdg/moc-infectious-cgsb43125-1309.html
http://www.tc.gc.ca/eng/tdg/moc-ibc-cgsb43146-1308.html

Access to CGSB Standards

Fortunately (unlike other and earlier versions), the actual pdf of these standards themselves can be downloaded at no charge from the Public Works & Procurement Services (PWPS) Canada website:
https://www.tpsgc-pwgsc.gc.ca/ongc-cgsb/programme-program/normes-standards/internet/index-eng.html

HO! HO! HO! TDG Under the Tree – Proposed Harmonization

ICC Compliance Center
New Product: Automotive Airbag Shipper

We are pleased to announce the following addition to our product line: PK-17SPAIR Automotive Air Bag Shipper

Description:

This Automotive Air Bag shipper has been tested to meet the requirements of shipping airbag modules. Simply wrap the unit in bubble wrap (included), add packing peanuts and apply all the necessary labels.

For more information or to purchase this product, visit our website.

IATA
IATA Expresses Concerns Over Laptop Ban

Laptop on wood table

Rethinking the Laptop Ban

Back in March, The United States Government implemented a ban on carry-on electronic devices on certain airlines from the Middle East and Africa to the U.S. due to security fears of a potential bomb threat. However, IATA recently called for the government to re-think this current policy as it has opened up an array of financial concerns for the affected airlines.

Financial Concerns

Since the ban on laptops in carry-on baggage was initiated in March, airlines are finding implementation of the ban has been a financial burden. In addition, governments did not consult with IATA, which gave airlines little time to implement the ban. As passengers are now forced to check their laptop computers, the affected airlines had to increase the training of the current staff as well deploy extra staff due to the increased handling of cargo hold baggage. In addition, the affected airlines fear that companies will cancel trips rather than risk losing confidential information in checked laptops, causing a potential decrease in business customers.

It is estimated that the ban affects more than 18,000 daily passengers, in particular Gulf carriers and airports have noted a drop in passenger traffic between their hubs and the United States. There is certainly a risk of affected airlines losing frustrated passengers to other carriers not affected by the ban. From a systematic point of view, the ban has caused slower moving security lines at the airports due to more thorough baggage screening measures, triggering a surge in departure delays. In the ban’s current scope, IATA has estimated that the ban could cost $180 million in lost productivity, which could increase to $1.2 billion if the ban is eventually expanded to Europe-US flights.

Airport security, laptop ban

Alternatives to Banning Devices

IATA is recommending various alternatives to potentially replace the current ban. These recommendations include the use of explosive trace detection at primary and secondary security checkpoints, visual inspection of electronic devices for signs of any alterations, questioning passengers about the purpose and origin of the device, the possibility of turning on the device to help determine its functionality, the deployment of “behavioral detection” officers and canines, recognition of trusted traveler programs and the identification of high or low-risk passengers, and increased training for screeners to detect potential threats from electronic devices and laptops.

It is unknown whether or not IATA’s recommendations will ever come to fruition. In the meantime, we will have to wait and see how long this ban will be in affect and how much it will cost the carriers in the long run.

Sources

http://www.ainonline.com/aviation-news/air-transport/2017-05-17/iata-urges-restraint-possible-new-electronics-ban

https://www.businesstraveller.com/news/2017/06/07/iata-appeals-alternatives-laptop-ban/

http://www.news.com.au/world/breaking-news/us-mulls-banning-more-electronics-in-air/news-story/58f268e2ee31224979f67853efead8dc

https://www.ainonline.com/aviation-news/air-transport/2017-06-08/unanswered-questions-over-electronics-ban-irk-iata

Air – TDG Part 12 Pre-Amendment Consultation

Ground and air transport

Time Flies

Transport Canada, in what has become a series of proposed amendments, has issued a consultation White Paper on updates to the Transportation of Dangerous Goods (TDG) Regulations (TDGR) Part 12 Air.

This part references the International Civil Aviation Organization (ICAO) Technical Instructions (TI) along with TDG-specific supplemental requirements and exemptions. Some ICAO references date back to 2002 and changes to the TI have made some TDG provisions redundant or in need of updating. Also, there are some clarifications proposed to better align with the Canadian Aviation Regulations under the Aeronautics Act.

In the interest of clarification, Transport Canada hopes to increase the “one window” approach, wherein material is incorporated into the Part 12 TDGR rather than simply referencing an external document. This self-contained approach will still have to consider that changes to external documents might make references a more practical approach in some areas. The objective is also to harmonize this proposal with the “dynamic” (aka “ambulatory”) approach taken with the TDG International Harmonization Amendment.

Related Posts

TP14850 Update Consultation – May 2017 Draft
The Clock is Ticking – 3 Recent TDG Proposals
TDG Update: Proposed Harmonization/

Geography Counts – Limited Access Exemptions

A potential improvement to Part 12 includes adding a definition of “Limited Access”. The proposed definition reads:

“a location to or from which the transport of dangerous goods by means other than by aircraft is not reasonably possible, for at least three (3) consecutive months per year.”

The journey would not be restricted to a specific time of year. However, a journey from a non-limited access location, to a second non-limited access location, ending at a third limited access location, can only apply a Limited Access exemption provision between the second and third destination. The first to second flight must comply (an example is given in the White Paper, with further clarification in Annex B “Details…” to the White Paper).

Another clarification in the proposal is to reinforce the carrier’s “consignor” responsibilities when accepting shipments under Limited Access exemption.

Changes – Additions – Deletions

No section of the current TDG Part 12 is untouched by this proposal. In addition to clarifying Limited Access criteria and other modifications, new provisions are proposed for: “animal repellants” (e.g. bear spray), UN3012 “signal cartridges” (e.g. “bear bangers”), DG required to provide emergency services or aerial fire suppression, DG for operation of an aircraft, or DG transported by peace officer in the exercise of duties.

Some provisions considered redundant, or excessively exempted, under current IATA TI that may be removed include the current sections: 12.6 (toxic and infectious substances), 12.8 (Packing Instruction Y963), 12.9(12) (sodium chlorite and hypochlorite solutions), 12.11 (geological core samples), 12.13 (measuring instruments). Some existing “Equivalency Certificates” will be withdrawn as a result of changes formalizing the exemption in the proposed amendment.

Interested parties have until August 8, 2017 to provide input to this pre-Gazette I proposal. The Gazette I notice is expected to be published by early 2018.

Annex B to the White Paper provides a fairly readable map to the changes. The link below introduces the proposal, and contains further links to the White Paper, Annexes, background documents and feedback options:

http://www.letstalktransportation.ca/part12air

TDG
Transport Canada Publishes Enforcement Action Summaries

Truck Driving on highway at sunset

A New Awareness Vehicle

Transport Canada has added a new item to the various informative offerings on the TDG home page. A link was added to an “Enforcement Action Summaries” listing to supplement existing guidance pages on topic-specific publications, orders, equivalency certificates, safety awareness material, etc.

This new page is intended to give the regulated community a better understanding of the types of offences that could subject them to penalties or orders to take corrective action. The objective is to provide an incentive to “deter wrongdoing” by demonstrating consequences to those who might choose to ignore the regulations; or, on a more positive note, provide an illustration of the advantages of understanding the regulations before an enforcement situation is encountered.

“I Fought the Law …” – or Ignorance is (Usually) No Excuse

Sections 22(3) and 40 of the TDG Act do provide for a defense of having taken “all reasonable measures” to comply with the Act. “Reasonable measures” would normally include acquiring and maintaining knowledge of the applicable regulations.

Although current enforcement activities are unlikely to result in the incarceration experienced by the misguided soul in Bobby Fuller’s 1966 classic hit, the TDG Act does provide for a range of consequences.

These consequences are represented in the published summaries under the following categories:

  1. Detention (of goods) notices
  2. Direction to remedy (non-compliances)
  3. Direction to “not import” or return DG to the point of origin
  4. Revocation of certificates
  5. Tickets (fines)
  6. Convictions (“guilty in court”)

Initial Offering

The current summary covers 24 enforcement actions from the period December 2014 to April 13, 2017, with the intent to update the list monthly. The list has basic sorting features and, when actions are directed at corporations under consequences d)-f) above, disclose names of the offender. Individuals (non-corporate offenders) are not named.

Of the 24 listings: 11 resulted in detention notices, 6 had tickets (ranging from $575 to $900), 5 were directions to remedy deficiencies and 2 were under stop import/return directions.

4 of the listings disclosed the names of corporations and only was the result of a ticket- i.e. presumably 5 of the tickets were issued to individuals.

The majority of the offences were related to TDGR Part 5 (“means of containment) violations (14), with 6 of these pertaining specifications and general requirements for highway tanks under CSA B-621. Documentation deficiencies were cited in 2 ($615 and $900) of the tickets issued.

Avoiding running afoul of regulations is avoided by obtaining knowledge of the content of the regulations with awareness of how they relate to a company’s or individual’s activities. Maintaining compliance also requires keeping abreast of changes that have a potential effect on the activities.

To consult the enforcement summary page at Transport Canada’s website, click on the link below:

http://www.tc.gc.ca/eng/tdg/enforcement-actions-summaries.html

If you have any questions regarding the Transport Canada Enforcement Action Summaries, please contact ICC Compliance Center, Inc. at 1.888.442.9628 (USA) or 1.888.977.4834 (Canada).