TDG
“Fast Away the Old Year Passes…” – TDGR Moving into 2019

The Canadian Transportation of Dangerous Goods Regulations (TDGR) were uncharacteristically quiet in 2018. This represents the first year in a 5-year stretch where stakeholders didn’t see at least one amendment to the TDGR.

That doesn’t mean, however, that there was no activity within this very active government department. For example, in keeping with the move to adopting ambulatory references to cited standards, the responsibility for several standards (e.g., TP14850 small container performance packaging, and TP14877 rail containers) began their return to the Canadian General Standards Board. In addition, there were various consultations on topics such as ERAPs (TDGR Part 7), and discussion of training requirements (TDGR Part 6) – the latter in conjunction with establishing a CGSB committee.

NEW & ONGOING RESEARCH

Various research projects were explored in 2018 including collaboration on examining crude oil flammability, properties of produced water in oil and gas activities, as well as validation testing of a proposed SAE standard for lithium battery packaging. These activities a

An invitation was issued to stakeholders on a scheduled symposium to present/discuss other areas for research. The symposium is scheduled for February 28 – 29 in Ottawa (http://www.tc.gc.ca/eng/tdg/tdg-research-symposium.html).

AMENDMENTS IN PROGRESS

Various topics referenced above and others undertaken in the 2016-2018 period were given status updates, including proposed Canada Gazette (CG) I (final consultation) or II (final amendment) at a late November GPAC (General Policy Advisory Council) session:

Training (Part 6):

This Continue Reading…

Notice of PROPOSED Rulemaking: 49 CFR Docket HM-215O

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is at it again. Published on November 27, 2018 is a Notice of Proposed Rulemaking (NPRM) that many in the industry want to happen sooner rather than later. It is Docket number HM-215O. This amendment is a giant step towards better alignment of the Hazardous Materials Regulation (HMR), or 49 CFR, with the changes coming in 2019 for several international transport regulations.

Remember, this NPRM is just one step in the process for updating Title 49 of the Code of Federal Regulations. We still have to get through the comment period on this particular docket. Starting today, the comment period is open until January 28, 2019. After that window closes, each comment is reviewed and changes could be made to the amendment. The docket is then published as a Final Rule with a 30- to 60-day phase in period. If you feel strongly about a proposed change, speak now or forever hold your peace.

While what is listed below this is not a comprehensive listing of everything in the PROPOSED amendment, an attempt was made to focus on what could impact a majority of transport professionals. For access to the entirety of NPRM, go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-24620 and view the PDF.

Here are some of the PROPOSED changes in HM-215O:

  • Section 171.7 – This section will now include reference to the 20th Revised Continue Reading…
PHMSA Amendment HM-219

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued another final rule on November 7th. Again, this rule making is the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations. In this case, the docket number is HM–219. Its goal is to “to update, clarify, streamline, or provide relief for miscellaneous regulatory requirements”. It has an effective date of December 7, 2018. While the published rule is only 20 pages long there are many areas of revision. Below is a list of the items that jumped out at me while reading it. If you wish to read the full rule making, please visit https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-23965.

HM-219 Highlights:

  • Section 172.205 had changes to paragraph (j) which pertains to the Hazardous waste manifest. You are now allowed to use electronic signatures when completing EPA forms 8700-22 and 8700-22A.
  • Section 172.407 had revisions to paragraphs (c) and (f). Paragraph (c) now says “inner border approximately 5 mm inside and parallel to the edge”. It still says the inner border must be 2 mm wide and that the thinner line border labels can be used until the end of the year. Paragraph (f) has included some additional references. It now says, “a label conforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations … may be used in Continue Reading…
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IATA Lithium Battery Update for January 1, 2019
AA sized lithium battery cells

Welcome to the ever-changing world of transporting lithium batteries. It feels like just yesterday we were discussing the introduction of the new Class 9 hazard label dedicated to just batteries and the new handling “mark”. Would you believe that started at the end of 2016? In an attempt to clarify things, here is the first of several blogs dedicated to one of the new versions of a transport regulation. The focus will be what changed in regards to lithium batteries for that mode. My first choice, only because it is my favorite regulation, is the 60th edition of the International Air Transport Association or IATA as many of us know it. By the way, ICC will be hosting a training on lithium batteries on January 24th and 25th. Call us today to get registered today.

Listed below are the specific sections, paragraphs, packing instructions and the like that had changes for lithium cells and batteries. If you aren’t overly familiar with shipping batteries, what is below can be a bit overwhelming. You can access our “cheat sheet” for required labels by ground, ocean, and air.

IATA 60th Edition Changes for Batteries:

  • New classification criteria – As part of 3.9.2.6.1 there are 2 new paragraphs around the classification of lithium batteries. One paragraph talks about “hybrid” batteries, which are those that contain both ion and metal while the other is about Continue Reading…
PHMSA Amendment HM-259

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on October 18th. As you know, the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations is through a rule making process. This particular docket number is HM–259. Its goal is to “align the U.S. Hazardous Materials Regulations with current international standards for the air transportation of hazardous materials”. It has an effective date of October 18, 2018. While the published rule is 23 pages long, I have attempted to hit the highlights here.  If you wish to read the entire final rule with the discussion on comments received, you can go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-22114.

Highlights of HM-259

  • 172.101 – Removal of A3 and A6 from Column 7 for multiple entries in the HMT. Provision A3 will be removed from all Packing Group I entries. Provision A6 will be removed from all liquid entries to which it is assigned.
  • 172.102 – A3 revised and now reads as follows: “For combination packagings, if glass inner packagings (including ampoules) are used, they must be packed with absorbent material in tightly closed rigid and leakproof receptacles before packing in outer packagings.” There is no longer a mention of using “tightly closed metal receptacles”.
  • 175.10(a)(18)(i) – Revised portable electronic devices by passengers and crew. This section has been expanded to include portable medical electronic devices with lithium metal Continue Reading…
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FedEx DROPS “V-PACK” REQUIREMENT

IATA DGR 2019 and FX-02

IATA SIGNIFICANT CHANGES

In keeping with the standard practice of alerting users to modifications in the new edition of the Dangerous Goods Regulations (DGR) for air transport, the list of Significant Changes and Amendments to the 60th Edition (2019) were released several months ago, and are incorporated into the recently published copies of the DGR.

An overview of these changes was the subject of blogs issued by ICC on August 28th and September 26th of this year.

Typically changes in the State and Operator Variations, in s. 2.8, are not outlined in specific detail in the Significant Changes document, but are referenced as a general reminder. This contrasts with amendments issued between publications which illustrate the actual details of changes.

Which leads us to FX-02…

FX-02 DROPS “V” RATED PACKAGING

A rather significant operator variation in s. 2.8.4 of the IATA DGR was the common application of FX-02 (f) to liquids in specified classes. This limitation, which existed as FX-17 prior to the 57th Ed., required shippers to use the heavy duty UN-standard “V-Pack” (“variation” commonly noted by UN code 4GV) package even though it wasn’t mandated by the Packing Instruction (PI) or other provisions of the DGR.

The limitation was invoked when FedEx customers were choosing to ship under the “International Economy” or “International Freight Economy” designations. Not only was it required in place of PI-required UN standardized Continue Reading…

United Nations Logo
2018 United Nations Regulatory Updates
Palais des Nations in Geneva

What’s New at the UN for Transport?

At this time of year all the regulatory updates start. Every time a notation comes across my desk or email I can’t help but think about a famous line in the movie “Sixteen Candles”. That particular line is “What’s happening hot stuff?” Click here to see the actual movie clip. One of these days, I want a presentation to start with this. It would sure break the ice on some rather detailed subject matter.

Having prepared you for thinking about what’s happening or changing, we have to start at the UN level specifically. Much of this information comes from a presentation by Duane Pfund at the Pipeline and Hazardous Materials Safety Administration. We need to focus on is what changed from the 2015 – 2016 biennium. That biennium gave us Revision 20 of the UN Model Recommendations for the Transport of Dangerous Goods. Revision 20 is what will drive the changes starting in January 2019.

What’s Happening or Changing for 2019?

  • Class 8 Corrosive Materials:
    • A new alternative method for classifying these mixtures is being introduced. It revolves around using the GHS Purple Book bridging principles and calculation methods. Note that flammable gases and explosives are on the list for this same concept in the current biennium.
  • Dangerous Goods in Articles:
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IATA Electronic Dangerous Goods Declaration INFr8 (eDGD)
Unloading an airplane

Another Step in the Digital Direction

For the most part, the dangerous goods world is one of the few industries that still relies heavily on using paper documentations, specifically when it comes to shipping declarations. In one of my previous blogs, we talked about DG AutoCheck which is simply a system IATA unveiled that digitally checks the compliance of a shipper’s declarations by simply uploading or scanning the paperwork into the system. As a part of IATA’s e-freight initiative, the digital process is being taken one step further with the implementation the INFr8 (eDGD) digital system.

What is INFr8 (eDGD)?

Unlike DG Auto Check which is intended for use by airlines, ground handlers, and freight forwarders, this digital platform is intended to include shippers as well to digitally create and send electronic Dangerous Goods Declarations (eDGD) through the entire air cargo supply chain. The dangerous goods process has traditionally been paper-based due to the lack of digital standards. The eDGD validation module ensures that the information on the shipper’s declaration is correct against IATA regulations and the specific airline’s requirements as well. Currently, airlines can only begin checking the documentation after handover. Thanks to the new electronic system, errors in accompanying documentation can be detected and ironed out before the airline even receives the shipment. This means documentation errors can be detected and eliminated at an early stage, reducing Continue Reading…

Prop 65
Proposition 65 List Updated – Again

California Prop 65 Updates

Sometimes I feel behind in the regulatory world. It is just a fact that regulations often change faster than one has time to process.  A good case for this is California’s Proposition 65. Not only are there multiple changes for how to represent substances that are on the list, but the list itself changed in May 2018.  For more information on “how to represent” and the August 30, 2018 changeover date, take a look at ICC’s blog found here

To refresh your memory, the Safe Drinking Water and Toxic Enforcement Act of 1986 is the official name for California’s Prop 65.  The list has to be revised and republished at least once per year.  California’s Office of Environmental Health Hazard Assessment (OEHHA) is the agency responsible for Prop 65 implementation.  They consider adding chemicals to the list when some other “authoritative body” makes a determination regarding a substance’s ability to cause cancer, birth defects or other reproductive harm. Shown below are all of the new substances that were added and or removed by month. They are listed by name, type of toxicity and Chemical Abstracts Service Registry Number (CAS).

Now would be a good time to see not only if you are up to date on the new required “warnings” but if any of your products or substances were added to the new list.

Proposition 65 – Continue Reading…

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Significant Changes and Amendments to the 60th Edition Published

Airplane in Flight

Change is in the Air – IATA DGR 2019

In keeping with past practice, IATA (International Air Transport Association) has released the summary of significant changes to the IATA Dangerous Goods Regulations (DGR) that will appear in the upcoming 60th Edition effective in January 2019.

This useful summary appears in the “Introduction” section of the IATA DGR and allows users to check for items that may affect their procedures that have changed since the previous edition. There are a variety of changes highlighted that comprise revisions to existing provisions, addition of new items and deletions. While some changes are based on updates to the United Nations Recommendations for model regulations (UN Model), typically adopted in other modal regulations, some are specific to the IATA DGR.

Get your copy of the IATA from ICC.

General UN Updates

There are some editorial changes that relate to the clarification of terminology regarding “risk” versus “hazard”. This mainly affects the designation of subsidiary classifications which will now be referred to as “subsidiary hazards”. This is more logical and conforms to protocols in safety and considers “hazard” as the danger inherent to a substance; compared to “risk” as an indication of the possibility/probability of harm from the danger.

Other UN Model-based changes include adding UN numbers, qualifying ammonium nitrate fertilizer classification, adding additional provisions for classification/packaging group assignment for corrosives and expansion of classification of articles Continue Reading…