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
Flash point < 23°C (73.4°F) and initial boiling point ≤ 35°C (95°F)
Flash point < 23°C (73.4°F) and initial boiling point > 35°C (95°F)
Flash point ≥ 23°C (73.4°F) and ≤ 60°C (140°F)
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)
#3. Does my Class 6 placard need to show Class 6.1? (International)
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#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, Continue Reading…
This year marks the 59th edition of the Dangerous Goods Regulations. The 59th edition becomes effective January 1, 2018. It is published by IATA and distributed by many, including ICC Compliance Center.
Highlights of the changes and amendments include:
Limitations have been adopted on the number of portable electronic devices (PED) and the number of spare batteries for the PED that may be carried by passengers or crew
There are a number of additions, deletions and amendments to variations submitted by operators
The classification section has been updated to bring in all substances and articles that are assigned to Class 9 with their respective UN numbers and proper shipping names
The “not restricted” conditions have been revised to require that the shipper provide written or electronic documentation stating that a flushing and purging procedure for flammable liquid powered engines has been followed.
The special provision that identifies that vehicles powered by an engine powered by both a flammable liquid and flammable gas must be assigned to the entry Vehicle, flammable gas powered.
New and amended packaging provisions for lithium batteries
New and amended packing instructions
Updated minimum size of UN numbers on the lithium battery mark
An iconic show from the 1980’s was “The A-Team”. It was about a group of former military men who worked to help those in need by using their former skill set. A famous line from it was often said by John “Hannibal” Smith, played by George Peppard. At the end of many episodes he would say, “I love it when a plan comes together”. With the publication of Transport Canada’s Amendment TDGR SOR2017 – 137, we finally have a plan coming together for the transportation of Lithium Batteries.
Finally, all transport regulations – 49 CFR, TDG, IATA .and IMDG – are on the same page regarding the necessary marks and labels needed for transporting Lithium Batteries. All of the regulations even have the same transition times for when the new Class 9 Lithium Battery Hazard Class Label and new Lithium Battery Mark will be mandatory.
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.
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 Continue Reading…
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.
International shippers of dangerous goods by air have one advantage over shippers by other modes. The International Civil Aviation Organization (ICAO) includes in its Technical Instructions for the Safe Transport of Dangerous Goods by Air a list of “state variations”. These indicate which countries have additional restrictions and requirements placed upon dangerous goods traveling to, from, or through those countries. Being aware of such variations can save shippers significant time and money – if your goods must travel through, say, Norway, your shipment might be stopped or even seized if Norwegian regulations don’t allow it.
Of course, as regulations and related information develop over time, these variations will change, sometimes faster than the actual Technical Instructions themselves. On May 19th, ICAO published an addendum to the state variations that were published in the 2017-2018 edition of the Technical Instructions. While there have not been a lot of changes, some of these are significant for shippers who must obtain permits or exemptions from state authorities, and one eases the requirements for shipping engines by aircraft in the United States.
The changed variations in the Addendum include the following:
Belgium – Variations BE1 specifies the regulation in which to find the Belgian definition of “explosive.” Continue Reading…
At a recent training, the group hosting invited someone from the Federal Aviation Administration (FAA) to come and speak. Throughout the brief discussion, the speaker mentioned things she sees most often while doing site audits. Listed below are a few of the main items. See if you can guess what the officer sees during audits that is not accurate.
Retention of Shipping Papers: In IATA, the retention of documentation is found in Section 22.214.171.124. According to this section the declaration of dangerous goods “must” be maintained for a minimum of 3 months. There are no state or operator variations attached to this section which may be why people get caught. In United States’ variation USG-01 it clearly tells shippers the document must be maintained by not less than 2 years.
Error Found: Only 3 months’ worth of documentation can be produced during an audit.
Use of Technical Names: Entries in the blue pages listed with a star (*) symbol tells the shipper a technical name is needed. Section 126.96.36.199(d) outlines how to determine the name, the number or names, and the type of names allowed. “The technical name must be a recognized chemical or biological name or Continue Reading…
Some of you may remember the old credit card commercial that featured the epic journey of a self-propelled suitcase seeking its lost owner. Well, it turns out this wasn’t so entirely fantastic. There’s a new generation of “smart luggage” hitting the market that can tell airlines electronically who it belongs to and where it’s going, trail after you down airport hallways without a handle, and charge your cellphone if you can’t make it to one of those electrical outlets airports seem to hide on purpose. Some will even double as transport devices themselves, allowing travelers to zip around terminals on their own electric suitcase-scooters.
But these modern technologies come with a problem that’s often overlooked. The energy sources for all these seemingly-magical functions are usually lithium batteries. Lithium batteries are one of the main causes of fires related to dangerous goods on aircraft. So travelling with the newest piece of high tech luggage can bring headaches both for the traveller and the airline he or she flies on.
Language, as defined by the Merriam-Webster dictionary, is the formal system of words or signs that people use to express thoughts and feelings. Learning a new language is often a complex undertaking. It is also a time that lends itself to funny stories. While living in Austria for a few years taking German lessons was part of our visa process. We were encouraged to practice often. On one of my first attempts was to buy a certain pretzel. Somehow my request came out as asking for the “slow one” rather than the “long one”. My husband told a co-worker he “believed” he was a pencil. While neither request caused harm, it was confusing to the German speakers who heard us. I mention this because the language of transport regulations can be confusing as well until you have a good handle on the language used in them.
Let’s take a look at two simple words. We will compare their “everyday” usage with how they are used for transporting hazardous materials or dangerous goods. The two words will be “should” and “may”.
Word #1: Should
In normal usage, this word indicates certain obligations or expectations. Take for example the statement, “John should be ready Continue Reading…