IHU 2019 Proposed Amendment: Pre-Gazette I Consultation
In late March, Transport Canada posted a notice on their public website regarding a pre-Gazette I consultation on proposed amendments to the TDGR. The consultation was distributed to selected stakeholders by email on March 4.
This proposal is the latest in a series of international harmonization updates (“IHU”) to incorporate changes to reflect the current editions of the UN Model Regulations (UN Recommendations), ICAO Technical Instructions for air, and the IMDG Code for ocean shipment. In addition, the Canada-US Regulatory Cooperation Council work planning effort has suggested several items that would facilitate reciprocity in shipping dangerous goods between the two countries.
Updating to 20th edition and preparation for 21st edition.
Incorporate packaging updates by adopting 3rd edition TP14850 (pending repatriation to CGSB as standard CGSB-43.150-xx), normalize EC-allowed practices on batteries; allow UN3175 in FIBC 13H3 & 13H4.
Marking/Labeling: text on labels, banana labels on cylinders, require orientation arrows for liquids, marine pollutant, and Lithium Battery Mark on overpacks.
Language issues under review, include determining the options on the use of either or both English/French and circumstances when a different second language might appear (i.e. foreign sourced material).
Consider adding provisions for optional hazard class text on placards – see also marking/labeling.
Allow US placards for re-shipping road/rail within Canada. In addition to text issues, this would allow re-shipping with US Continue Reading…
The US Postal Service is taking a positive step to improve the safety of liquid packaging shipments. This step is significant, as the industry will begin to incorporate some components of UN 4GV combination packaging requirements among a wide variety of changes soon to be implemented. Here at ICC, we help you understand what these changes are and provide the solutions that ensure you meet these new stringent requirements.
The Postal Service has observed that a significant percentage of liquid spills results from mailers misinterpreting the existing packaging requirements for liquids, thinking their non-metal containers are not breakable. However, non-metal containers (i.e., plastic, glass, earthenware, etc.) are often the source of liquid spills in Postal Service networks. As a result, on July 9th of 2018, the US Postal Service proposed a new rulemaking on standards for mail pieces containing liquids. There was a comment period requesting public feedback on the proposed rules until September 18, 2018.
The proposed rule addressed two components:
Clarification of existing language that specified packaging and markings for mail pieces that contain liquids in containers greater than 4 fluid ounces; and
Extending the triple-packaging requirement for breakable primary containers with 4 ounces or less.
What are the Changes and the Compliance Solutions?
Effective on March 28, 2019, the adopted changes published in the final rule include:
Part 1 – The Importance of Training for Regulatory Compliance
Training is an eternal problem that has been going on for so many years. I started my career in 1999, and at that time the regulations did not help us to define our needs for training requirements regarding the Transportation of Dangerous Goods Regulations (TDGR). It is fair to state that in many ways, we are not that much further ahead today.
It is essential to understand which sections of the Transportation of Dangerous Goods Regulations apply to your business to define whether or not your company should have a training program, and determine who in the company should receive training, what needs to be covered, the frequency of training, and how long the training needs to be for maximum effectiveness.
This blog is one of a series that will try to make it as clear as possible and help your process to establish the training needs for your employees.
We start by asking ourselves relevant questions that we will answer with regulatory sections and afterward, I will attempt to explain accurately and guide you to the best solution for your business.
Before I begin, I would like to clarify the term ”Transportation”. When Transport Canada uses the term transportation it is to include any activity that relates to the request for transportation by all modes of transport (contacting a carrier Continue Reading…
Every year at this time training is busy at ICC. It happens for various reasons. The one that causes it most often is companies are due. As we know each transport regulation has a training requirement to it. Many decide to do all transport training at one time which is great.
Here’s the rub though. To me, 49CFR is always just a few steps behind all of the other transport regulations. I get the whole rulemaking process but it is frustrating to constantly have to explain or mention times when the US ground regulations don’t align with other international ones. When you add lithium batteries to the mix, it just complicates things even more.
For once, efforts are being made to catch up with all of the other regulations. On Wednesday, February 27, the Department of Transportation published HM-224I which is an Interim Final Rule (IFR) centered around transporting lithium batteries. Take note, this is a final rule with no advanced notice and was not open to comment. Comments will still be accepted and reviewed which could cause amendments later on but for now, this is what is required. DOT believes this IFR was “necessary to address an immediate safety hazard” presented when shipping lithium batteries.
So, what changes did this IFR bring in to the regulations? Let’s take a look.
HM-224I: Enhanced Safety Provisions for Lithium Batteries
One of the most frustrating issues with shipping dangerous goods is finding a carrier that will transport the goods. When a client contacts us for repackaging services, besides the DG information, I always ask if they have arranged a carrier to transport their goods. Most of the time it’s a “no”. Then I get started with what their options are; ground or air.
For shipments going from Canada to the US, believe it or not, it is easier to ship by air than ground. Of course, it does depend on the quantity being shipped and whether the DG is allowed for air transport. It is definitely more cost-effective to send anything via ground than air; however, that is not always true especially for small DG shipments. I have been told that sending a small, e.g., 20 lbs, DG package by air will cost about the same as sending it via ground.
Carriers such as FedEx and Purolator do not haul DG packages from Canada to the US via ground service. They do offer air but not ground. UPS which offers both air and ground does transport certain dangerous goods (just check for limitations on the UN# being shipped on UPS’s website under “UPS Dangerous Goods Acceptance Tool” prior to shipping) from Canada to the US but you must have a DG account set up with them.
Sometimes no matter how many precautions you take, there is no way to stop the inevitable. Football players with helmets designed to protect their brains still get concussions. You cross every “t” and dot every “i” on your federal income tax return and you still get audited. And sometimes even if you follow all of the safety tips for lithium ion batteries in my previous blog, they still can explode. http://blog.thecompliancecenter.com/safety-tips-for-lithium-ion-batteries/
However, by not taking the proper preventative measures in all of the cases listed above, the chances of a negative outcome can be greatly increased. With the travel season looking to pick-up in the coming months and many of us looking to hop on a plane and head out to our idea of paradise, I think it is safe to say that none of us want to end up in a situation like the story below.
Just like any other domestic flight, passengers on a Delta flight in New York City were stowing their carry on items in the overhead storage bins and preparing for take-off for a scheduled departure to Houston, Texas. Suddenly, passengers started to smell something burning, similar to the smell of a camp-fire. It was at that point that passengers started to see smoke in the cabin and begin panicking. The panic was caused by a vape pen that started smoldering Continue Reading…
At the start of each new year lots of things are said about changes to make in order for the next year to be better. Many make resolutions about losing weight or getting healthy. Others decide to be nicer to people, spend more time with family or volunteer. It doesn’t mean the previous year was bad, but things can always get better. Let’s look at this from a regulatory compliance point of view, and see if things will be better in 2019.
Changes to Regulations:
Starting January 1, 2019 there is a new version of the IATA Dangerous Goods Regulations. You must now be using the 60th edition. Luckily, IATA does a great job of giving advanced notice about what is changing late in 2018 so people can start to prepare before the new version takes effect. You can see the list of “significant” changes here. The IMDG Code was also updated for 2019. The new version is the 39-18 Amendment. You are allowed to use the 39-18 starting in January 2019, but the older 38-16 version is still viable for the rest of this year. Again, a summary of the changes for that regulation was published as well. You can find them here. The US ground regulations of 49 CFR had a few amendments throughout 2018, and there is a large one looming for 2019. To stay up-to-date Continue Reading…
In the dangerous goods world things can change fast, so it is very important to be aware of the most up-to-the-minute changes. Much like in the video below, this can feel like an endless chase, but nevertheless we have to keep up the pace to stay within compliance of the changing regulations.
This not only goes for the regulations themselves, but also the penalties involved with being out of compliance. In Subpart D of Part 107 Hazardous Materials Program Procedures, there is a section entitled Enforcement, which outlines the civil and criminal penalties in the event you are non-compliant with the regulations. Being a federal agency, PHMSA must adjust their penalty rates each year to account for inflation. As of Tuesday, November 27, 2018, the new penalty rates officially go into effect. For this year it is a simple calculation, multiply the existing penalty by 1.02041, round up, and this will give you the new penalty.
A violation of hazardous materials transportation law under 49 U.S.C. 5123(a)(1) is going from $78,376 to $79,976.
A violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction under 49 U.S.C. 5123(a)(2) is going from $182,877 to $186,610.
A complete list of the penalty rate changes can be found at the link below:
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…
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.
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…