Regulatory Helpdesk: November 20, 2017

Top 5 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

Overpacks

Q. My shipment was refused even though I followed what the regulations and my training said for shipping an overpack. My drums were on a pallet and shrink wrapped. All of the information on the drums could be seen. I placed a sticker with the words “Overpack Used” on the shrink wrap and listed it that way on my paperwork. Can you tell me why my carrier refused it?

A. Per Section 7.1.7 the actual wording that must be used on your pallet is just the word “overpack”. It seems confusing to have different terminology used but that is how the regulations work and why you should be trained every 2 years for IATA.

Using Combustible Liquid, N.O.S. (USA)

Q. Since this product meets the combustible definition, can we use ‘NA1993 Combustible Liquids, n.o.s.’ to ship to Canada or does Canada only recognize the ‘UN1993 Flammable Liquids, n.o.s.’?

A. Basically, to me, she is asking what is the difference between NA1993 and UN1993 and how it impacts transporting into Canada. NA1993 is a US only identification number. It is used for transporting combustible liquids in the US.  Technically, a combustible liquid is NOT Continue Reading…

Single Packaging
UN Specification Packaging Mystery

UN Specification Packaging Mystery

We Got a Mystery to Solve

One of my favorite childhood shows was “Scooby-Doo, Where Are You?”. How he and his group of friends could solve all those crazy hauntings and monsters always amazed me. Nothing made me happier than when the culprit was discovered and he uttered the words, “If it weren’t for you pesky kids, I would have gotten away with it.” After all I was only a kid and catching the bad guys was a big deal.

Occasionally during a training class odd questions or little mysteries arise. In those times I can feel like Thelma from my childhood show tracking down the clues and getting an answer. Here is one from one mystery from a recent training. It came about after our discussion on United Nations (UN) Specification Packaging. We had just finished reviewing all the parts of the packaging codes and discussing the manufacturer’s packing instructions as they apply to 49 CFR – US ground regulations. This lead to talking about their actual facility. Below is a picture of a box they have on site for use. They wanted to know if it was in compliance.

Ah, a mystery I can solve.

UN Specification Packaging Mystery 2

In case you didn’t catch why they asked about this particular box and compliance, take a look at the FOUR package specification codes on the box. For most boxes, there is only one code derived from the Continue Reading…

Birthday truck
Happy Birthday DOT!

Truck Driving on highway at sunset

Happy 50th Birthday DOT!

Birthdays are important milestones and should be celebrated. One important one for parents is a baby’s first birthday. This is often followed by apprehension when a child reaches their teenage years. Many people in the United States enjoy turning 21 because that means alcohol is legal for us to consume. After that there are the “round” birthdays – those dreaded ones that have a zero after them. You know, turning 30, 40, 50, etc. We also celebrate the birth of nations. In the US it is every July 4th. For Canada the celebration is on July 1st. Many religions celebrate birthdays too. Christmas in the Christian faith is the birth of Jesus. Buddhists celebrate Buddha’s birthday on the 8th day of the 4th month in the Chinese lunar calendar.  Companies also follow this same practice. In fact, ICC Compliance Center just turned 30 last month.

What does all of this birthday talk have to do with the transport of hazardous materials? January 12, 1966 saw then President Lyndon B. Johnson declare in his State of the Union address his plans to create a Department of Transportation (DOT). It was on April 1, 1967 the DOT was open for business. Think about that for a moment. That means in the 1940s when the first atomic bomb was created, there were no regulations around the transport of Class 7 radioactive materials. Other materials such Continue Reading…

Regulatory Helpdesk: November 6, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

Equivalent Exemption (Canada & US)

Q. What is the  US “equivalent” to TDGR Part 1 Special Case 1.33?

A. The reference is found in 49 CFR§173.150. Essentially the US says that, with conditions, a low risk flammable liquid may be “reclassified” as a combustible liquid; & combustible liquids may be exempted when in non-bulk packaging. Before using the exemption, also check the following:

  1. Verify that the actual ingredients don’t trigger the (US only) “RQ” requirement to classify as “hazardous substance” or “marine pollutant” designation which will negate the exemption under (f)(2).
  2. Verify that there is no subsidiary hazard class which would negate the exemption (US (f)(1) & TDG 1.33(a)).

Organic Peroxide Shipped by Ocean

Q. Can you confirm the packing group for UN3104 with Dibenzoyl Peroxide for IMDG?

A. UN3104 is Organic Peroxide Type C, solid. This is a class 5.2 material that does not have a packing group. However, Chapter 2.5 should be reviewed as well as Packing Instruction P520 and packing methods OP6.

A Spill Involving a Limited Quantity

Q. If I have a product being shipped in Limited Quantity, it’s not considered as being dangerous any more? So if there is Continue Reading…

Graduation Cap
ICC Teaches A Dangerous Goods Course in Europe

Teaching DG Training in Switzerland

Going to Switzerland!

This September, ICC was offered an interesting opportunity – presenting a class on North American hazardous materials regulations in Switzerland! So, I gathered my passport and computer, and set off for Europe.

The course was organized by SAFETY Training Plus GmbH, a well-known provider of dangerous goods training in Germany and Switzerland. However, SAFETY Training Plus found that many of its customers were looking for help with shipments to North America. Although European and North American regulations are usually based on the UN Recommendations for the Transport of Dangerous Goods (better known as the Orange Book based on its cover), a number of variations still exist between the various countries and regions.

For example, a European shipper to the United States might be puzzled about why a product not classified as an environmental hazard under the EU regulations (ADR/RID) or the International Maritime Dangerous Goods Code (IMDG) for ocean would have to be treated as such for entry into the U.S. Surprise! It’s the Hazardous Substance rule, involving a list of over a thousand chemicals that are classified as environmentally hazardous in Title 49, U.S. Code of Regulations (49 CFR). Another shipment may hit a snag entering Canada due to Canada’s requirement for an Emergency Response Assistance Plan. This requirement usually applies to high-risk goods in large means of containment, but may sometimes affect smaller materials Continue Reading…

Regulatory Helpdesk: October 23, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Shipping Lithium Batteries (USA-Ground)

Q. The customer asked if they had to fill out shipping papers for a battery contained in equipment that is less than 1 gram and less than 20 WH if shipping by ground within the U.S.

A. Shipping paper requirements are contained in 49 CFR Part 172 Subpart C.  The 49 CFR, 173.185 (C) states that a package containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment, that meets the conditions of this paragraph is excepted from the requirements in subpart(s) C through H of part 172 of this subchapter, which in this case means that they are exempt from shipping paper requirements.

#3. Shipping Dry Ice by Ground in the USA

Q. A customer contacted me regarding the labeling and paperwork regulations of shipping dry ice by ground within the US. They normally ship through air internationally and wanted to know the difference.

A. I directed the customer to column 1 in the hazmat table in the 49 CFR for UN1845, which has an “A” and “W” symbol. I let the customer know these symbols mean unless it Continue Reading…

Regulatory Helpdesk: October 16, 2017

Top 5 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#5. Shipping Toxic Aerosols as a Limited Quantity by Sea (International)

Q. A customer wanted to know if shipping a toxic substance in an aerosol can be shipped as a limited quantity at 20 ounces per can as an inner package by sea? Also, the customer wanted to know what the limited quantity amount would be for UN1993 packing group III when shipping by sea.

A. I referred the customer to SP277 in the IMDG Code, which states “for aerosols or receptacles containing toxic substances, the limited quantity value is 120 ML”. In this case the customer can’t ship 20 ounces of a toxic substance in an aerosol can because this exceeds 120 ML. The limited quantity amount for UN1993 packing group III is 5L per the IMDG Code.

#4. Shipping Methyl Methacrylate (USA)

Q. I have a 2.5 liter metal container of UN1247, PG II, Methyl Methacrylate. The container is properly factory sealed. The container is then in its own “outer” box (but again, we don’t really look at that box). It’s like how cough medicine is in a bottle, but that bottle is then in an “outer” box on Continue Reading…

Regulatory Helpdesk: October 9, 2017

Top 4 Questions From the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Why is My Product X when it should be Y? (USA)

Q. Why is my product listed as a Flammable Liquid Category 4, when the product is combustible?

A. Under OSHA Hazcom 2012, a product that has a flashpoint >140°F and <199.4°F is considered a Flammable Liquid Category 4.

This is illustrated in the table below:

Table B.6.1: Criteria for flammable liquids

Table B.6.1: Criteria for flammable liquids
Category Criteria
1 Flash point < 23°C (73.4°F) and initial boiling point ≤ 35°C (95°F)
2 Flash point < 23°C (73.4°F) and initial boiling point > 35°C (95°F)
3 Flash point ≥ 23°C (73.4°F) and ≤ 60°C (140°F)
4 Flash point > 60°C (140°F) and ≤ 93°C (199.4°F)

Once you have the classification, then you can apply the label phrases. The Flammable Liquid Category 4 hazard statement is Combustible Liquid. This is outlined in the table below.

C.4.19 Flammable Liquids (Continued)
(Classified in Accordance with Appendix B.6)
Hazard Category Signal Word Hazard Statement
4 Warning Combustible Liquid

 


#3. Does my Class 6 placard need to show Class 6.1? (International)

Q. I have a customer who is saying that it is the regulation to have the 6.1 on the bottom of the placard … and not just the 6 in order to ship overseas. Is Continue Reading…

Regulatory Helpdesk: October 2, 2017

Top 4 Questions From the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Shipping Sodium (UN1428) by Air (USA)

Q. The Customer asked if Sodium (UN1428) can be shipped by air using a plastic bag as an inner container inside of a 4GV box.

A. Per the 49 CFR 172.102 Special Provision A20, Plastic Bags are not allowed to be used as inner receptacles in combination packaging by aircraft.


#3. When to Use Bilingual Packaging (Canada)

Q. Does every word on [my] packaging need to be in French and English to sell in retail stores in Canada?

A. Canada has the federal Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations. That Act and Regulation requires 2 mandatory items to be bilingual. Those items are the product identity, and the net quantity. The dealers name and place of business can be in either English or French according to those laws.

However, the guide specifically states: Subsection 6(2) of the Consumer Packaging and Labelling Regulations requires that “all” mandatory label information be shown in English and French except the dealer’s name and address which can appear in either language.

Any label information in addition to the mandatory requirements discussed above (i.e., directions for Continue Reading…

Regulatory Helpdesk: September 30, 2017

Answers from the Helpdesk

ICC supports our valued customers with access to our complimentary Regulatory Helpdesk. To further assist clients, we will be sharing some of the highlights of those calls each week. If you have a question, contact one of our regulatory specialists today.

#2. Certifier’s Signature (Canada)

Q: Can the 49 CFR certification statement be used on Canadian TDG shipping documents for shipments between two points in Canada, having only a signature for the certifier’s name?

A: TDGR 3.6.1(1)(a) does not restrict the use of the 49 CFR statement to US bound/origin shipments. TDGR 3.6.1(2), in conjunction with Transport Canada (TC) Safety Awareness Guidance Bulletin RDIMS#11829346 (August 2017), does not require that the individual’s name be a signature; but if a signature is used it must be clearly legible, identifying the individual, to be compliant.


#1. Refrigeration Regulation (USA)

Q: We need to ship a refrigeration unit (UN2857) that contains a small amount of non-flammable, non-toxic gas. How is this regulated?

A: In general, REFRIGERATING MACHINES, UN2857 are regulated as Division 2.2 dangerous goods, with no packing group. However, small units can usually be shipped as exempted dangerous goods, with no significant requirements, if they contain no more than 12 kg of non-flammable, non-toxic gas as a coolant, or no more than 12 Litres of ammonia solution.

For Canadian shipments under the Transportation of Dangerous Goods Regulations, this provision can be found in Part Continue Reading…