Shipping by Road
TDGR US Import Cross-Docking – All We Want are the FAQs…*

Cross-Docking is Reshipping

On February 8 Transport Canada issued an addition to FAQ regarding the Transportation of Dangerous Goods Regulations (TDGR) Part 9, s. 9.4. This section deals with the re-shipping of dangerous goods (DG) received by road from the US when safety marks differ from those specified in the TDGR. In general, (more on this later**), TDGR 9.1 allows receipt of US shipments to first destination with the safety marks that were legally applied under 49 CFR at the US shipping point.

Cross-Docking

The FAQ defines “cross-docking” as “the process of transferring dangerous goods from one vehicle to another before reaching their final destination”. Changing drivers or tractor units does not trigger the term. When DG are cross-docked, Transport Canada considers this to be “re-shipping” and the provisions of TDGR 9.4 apply (note: although the FAQ refers to “reshipping” in quotes, the term is not specifically defined in the TDGR other than as described by s. 9.4).

Reshipping

Basically, the requirements in s. 9.4 are to remove placards which do not meet TDGR requirements and replace them with TDGR-compliant versions. Examples of these could be US “DANGEROUS” placards; or those with the midline adjusted (e.g. Class 7, 8, 9); or worded and “combustible” placards.
In addition, if means of containment (soon to become “packaging” we hope!) have labels or other safety marks differing from TDGR requirements, then the shipping paper must be annotated accordingly as indicated in s. 9.4 (2).

Part 10 is not referenced in the FAQ, but presumably similar logic will apply to cross-docking rail car shipments (TDG s. 10.4) – or to transfers between rail/road vehicles.

Just the FAQs

Although the author hasn’t seen anything in official consultation documents, statements in casual conversations on two occasions indicate that the current practise of including interpretative guidance as italicised text within the body of the regulations will likely be discontinued. Apparently, this very useful (in my humble opinion) practise is at odds with regulatory convention that expects only the mandatory legal requirements to appear in the regulation. FAQ are the preferred vehicle for the type of information we currently see italicised within the TDGR.

The FAQ referred to in this Blog is available at:
http://www.tc.gc.ca/eng/tdg/awareness-materials-and-faq-1159.html#a99_0

* with apologies to Sgt. Joe Friday/Jack Webb’s often misquoted statement:
http://www.snopes.com/radiotv/tv/dragnet.asp

** Reciprocity has its limits
Although we often hear of “reciprocity” for shipments inbound from the US, we must remember that it has limits. As referenced in the above-mentioned FAQ, the “inhalation hazard” version of Class 2.3 and 6.1 labels or placards are not acceptable even to first destination. The “regular” versions, applied with qualifying marks as required by TDGR SP 23 also need to be present. Similarly things done by US special permit- although potentially to be accepted to first destination under the CG I International Harmonization proposal- will not necessarily be approved for reshipping. Perhaps once the CG II is finalised we’ll have another Blog on this aspect…

Lithium
Lithium Battery Labels as of Feb 1, 2017

Both 49 CFR and TDG are expecting to harmonize lithium battery labels into the regulations; however, both regulations are pending. HM-215N (49 CFR) was recalled, and will not be reissued for at least 60 days.

Transport Canada has not provided an ETA on the harmonization.

Find out the correct labels to use below:

 

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

The November 26th Canada Gazette I provides an early “gift” to the regulated community which may help relieve boredom over the holiday season.

Harmonization Transportation Style

Although the DG world (unlike WHMIS/OSHA) has been fairly well harmonized under the UN Recommendations for some years now, there have been issues from time to time with; the editions standards referenced in the TDG regulations (TDGR); differences between DOT/TDG requirements for pressure receptacles; and confusion in the status of cross-border shipments when special permits (DOT) or equivalency certificates (TDG) are applied to consignments (for brevity, we’ll refer to these both under the generic term “permit for equivalent level of safety”- PELS).

Ambling Along

An example of the former is the Table of Safety Standards in TDGR 1.3. The recognized edition of the UN Recommendations is the 17th Ed. (2011)- despite the fact that we’re currently looking at the 19th Ed. (2015) and are on the verge of the 20th (2017). This can lead to confusion since the modal regulations are usually consistent with the current edition of UN Recommendations.

To help resolve this issue, and presumably to reduce the amount of catch-up amending necessary, Transport Canada proposes to expand the listing of “ambulatory references” – refer to the latest edition (i.e. “as amended from time to time” rather than a specific date)- for equivalency of other regulations and some selected technical standards.

Canada-US Regulatory Cooperation

Issues reviewed at the joint Canada-US Regulatory Cooperation Council are also appearing in this harmonization proposal.

The US DOT is following a parallel track, with proposed amendment HM-215N published in September, to include similar provisions in 49 CFR. (see Barbara’s Blog of Oct. 13, 2016)

U.S. Publishes Proposed Rule HM-215N on International Harmonization

Key aspects of this initiative include expanding the reciprocity provision to fill and use US DOT pressure receptacles in Canada rather than only accepting those which had been filled within the US. Requalification, repair, marking, etc. must be in accordance with the country where it’s done.

TDGR Parts 9 and 10 also would extend recognition of US PELS regardless of the existence of a Transport Canada-issued corresponding permit, reducing the need to apply for, or determine the existence of, a similar provision. The PELS number would have to appear on the shipping document. Application of the reciprocity would continue to be disallowed for things that are forbidden in TDGR or are not regulated under 49CFR. Each country’s regulations would still have to be reviewed regarding general special case/special provision exemptions.

Additionally, “one-time movement approvals” (OTMA) for moving damaged tank cars, for example, would be recognised in each country to facilitate dealing with situations where the car must be moved to safely empty and repair the means of containment.

Safety Marks, Labels, and Placards

Lithium Battery Mark, Label and Placard

The adoption of the “new” lithium battery mark will replace the provision for marking equivalent wording on packages subject to SP 34. This includes indicating the UN number of the contents instead of just the battery type by name. All SP34 packages will require the mark, but a notation on documentation will no longer apply.

The TDGR also will adopt the new lithium battery Class 9 label for packages requiring this hazard label. As with the other modal/US regulations/proposals, the mandatory use will have a 2-year transition period.

Placarding May not be Harmonized

The TDGR amendment as proposed will require the use of a placard corresponding to the lithium battery Class 9 label instead of a standard Class 9 placard when means of containment require placards.
This is at odds with the 49CFR HM-215N proposal to maintain the use of a “regular” Class 9 placard despite the new lithium battery Class 9 label (“…Class 9 placards, when used, must conform to the existing requirements in …172.560”).
Ditto final (i.e. adopted) IMDG Code Amendment 38-16 -see 5.3.1.1.2: “For dangerous goods of class 9 the placard shall correspond to the label model No. 9 as in 5.2.2.2.2; label model No. 9A shall not be used for placarding purposes.” – i.e. must use the standard Class 9, not the lithium version.

Updating to Current International Regulations

Other proposals will “catch up” the TDGR with many of the changes in the UN Recommendations regarding classifications and listings in TDGR Schedule 1 with applicable editing of special provisions (e.g. specific entries for the various types of combustion engines, solid/liquid polyester resin kits, etc.).

Overpack Marking Clarified

Included in 2 dozen or so “typographical corrections and minor miscellaneous changes” is the removal of the need to mark “Overpack” when the DG marks are visible; but when it is required it must be in minimum 12 mm high characters.

Other Safety Marks (in addition to lithium batteries discussed above)

The proposed amendment will adopt the international standard Class 9 convention of underlining the “9” on both labels and placards.
Also the new “fumigation” label is included in the Appendix to Part 4, presumably to catch up with the information included in the amendment in SOR/2014-159.

Missing from this proposal however, is the requirement for a 2 mm thickness for the inner border line on labels, as currently specified in the UN Recommendations, 49 CFR, IATA DGR and the IMDG Code.

The amendment will not, of course, be finalized until published in Gazette II, with a proposed 6 month general transition period (but until Dec.31, 2018 for the lithium battery mark and lithium battery Class 9 label). There is a 60 day comment period on the proposal and the detailed version may be consulted at:

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/html/reg3-eng.php


If you have any questions about these changes and how they can affect your operations, please contact us here at ICC Compliance Center at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).

Danger Placard
Does My Personal Vehicle Need Placards? – Answering Regulatory Helpline Questions

One of the great services offered by ICC Compliance Center to our customers is our Regulatory Helpline. Current customers can call in and have basic questions answered for free. Our Specialists are trained in all of the transport regulations for the US and Canada. We also answer questions surrounding HazCom2012 and WHMIS 2015. A great benefit of our service is getting the customer a “right” answer. Occasionally it may require some information gathering, but we still give you an answer. Being relatively new to our Helpline, I tend to take a bit longer to get an answer.

I mention this because of an interesting question that came in last week. A customer called and posed the following question:

If I want to move a container of oxygen in my personal vehicle, does [my vehicle] have to be placarded?

On the surface this seems easy enough to answer, but in reality that is not the case. As I discovered a good bit more information was needed to formulate a “right” answer.

Answer Step 1:

What is meant by “a container of oxygen”? This information is needed for several reasons. We have to determine if what the caller has is truly a hazardous material/dangerous good. For example, is it pure oxygen or is it a blend of oxygen and nitrogen similar to a SCUBA tank? One is much more dangerous in the event of a fire than the other. In this case, the container is of pure oxygen.

Answer Step 2:

What is the description of the container? The assumption is the container is a cylinder. If so, what size? There could be exemptions in place depending on how large or small the container is. The caller said it is a steel cylinder that weighs 15 kilograms and it has TC on the outside.

Answer Step 3:

Where is this person located? We need to have this information so that the proper regulations can be checked. If the caller was in the United States, but I used Canada’s transport regulation to answer that may not have worked. In this case the caller is from Canada. This is helpful because there was a mention of using a “personal vehicle”. In the U.S. this could have led to a discussion of Materials of Trade exemptions. Since Canada does not have that type of exemption it would make no sense to go over them with the caller.

Answer Step 4:

Now we almost have the whole picture. We have a steel cylinder full of pure oxygen that weighs 15 kilograms. It is being transported in a personal vehicle in Canada. With all of that information, the caller MAY meet the 150 kilogram Gross Mass Exemption in the Canadian Transportation of Dangerous Goods regulations per Section 1.15. This prompted one more question. Was this cylinder purchased by the caller at a location open to the general public? The answer was “yes.”

Final Answer:

The final answer is “no”, the caller is not required to placard his personal vehicle to transport a cylinder of oxygen. Per the 150 kilogram Gross Mass Exemption, he does not need a shipper’s declaration, training or … any sort of “dangerous goods safety marks”. This section also includes placards. He may voluntarily display it per Section 4.1.1 of the regulation but there are multiple provisions.

So while this looks like a complicated process, it is in fact not. As long as we have all of the information, answering your questions can be quite easy. Give us a call today to see just how easy it is – ICC Regulatory Helpline 855.734.5469. We are here to help. As always, ICC Compliance Center is here to help you with all of your regulatory needs.

Canada!
Transport Canada Consults on Revised Packaging Standard TP14850

A draft version of the 3rd Edition of Transport Canada’s TP14850- Small Containers for Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 & 9” is available for public review and comments will be considered when received by October 13.

Transport Canada began planning the review in Q3 2015 and announced the formation of a Technical Committee in a public notice in early 2016.

The Committee was formed in April; consisting of participants representing interests from production, marketing, distribution, sales, use and/or regulation of dangerous goods packaging. The Committee met initially by phone and, following the review of a preliminary draft, followed up with a meeting in Ottawa in May to provide input for the aforementioned first draft.

The intent of the 3rd Edition is to incorporate updates from the 19th (2015) Edition of the UN Recommendations and possibly prepare for inclusion of aspects of the 20th Edition expected in 2017.

Some features of the first draft, in addition to the harmonization with the 2015 model UN Recommendations, include:

  • clarification of the requirements for packaging distributors to provide instructions on assembling and closing packages;
  • removal of some redundant provisions that are already in the regulations;
  • clarification of special cases and expanding some Substance Specific Provisions (SSP) removing the need for certain Equivalency Certificates (e.g. UN3268);
  • locating SSP within the packing instruction (PI) applicable to the UN number, similar to the UN Recommendations & the IMDG Code practise;
  • requiring Transport Canada “acceptance” of alternative leakproofness testing procedures;
  • consideration of using plastic containers beyond the 5-year limit when the use is under the control of a fleet operator registered with Transport Canada;
  • mandating a periodic (5 year) retest by manufacturers of prototypes from production of approved containers

Following the comments received on the first draft of the 3rd Edition of TP14850, the Committee will meet again in Q4-16 to review the comments and provide input for a 2nd draft. The 2nd draft is expected to be released for additional public comment in the Spring of 2017. The objective is to release the final 3rd Edition in October 2017.

To obtain a copy of the first draft click here »

Motorcycles – Yes, They are Dangerous Goods

If you are feeling “Born to Be Wild” – Steppenwolf and looking to race down life’s highway on two wheels this summer, but short on time, or looking for an even better adventure across the pond, fly your bike and meet it there.

Wait! You can’t just show up at the airport and check in your motorcycle. Did you know that a motorcycle is considered to be a dangerous good? Under the IATA regulations, a motorcycle is classified as UN 3166, Vehicle flammable liquid powdered, hazard class 9; and therefore needs a shipper’s declaration form.

What does this mean to the average motorcycle enthusiast? It means that you need to seek the advice of a dangerous goods consultant, who specializes and can assist in providing instruction on the preparation of the motorcycle, and provide the proper signed shipper’s declaration.

According to Air Canada, some of the requirements at time of tender include:

  • The fuel tank must be drained as far as practical; and fuel must NOT exceed ¼ of the tank capacity
  • All batteries must be installed and securely fastened in the battery holder of the vehicle and be protected in such a manner as to prevent damage and short circuits
  • Spare key, to be left in the ignition
  • Alarm (theft-protection devices, installed radio communications equipment or navigational systems must be disabled
    Air waybill number (booking number)
  • Saddle bags may be filled with equipment, parts, etc. An itemized list of the content of the saddle bags must be provided at time of tender.
  • Personal effects such as a clothing, toiletries and luggage cannot accompany the motorbike. (Dangerous goods such as lubricants, spray paints etc. must be left behind)

ICC Compliance Center offers declaration services across Canada, and can work with you to find a consultant in other countries as well. Contact us at least 2 weeks before you plan to start your adventure.

Have fun and contrary to the opening statement, no racing! Simply stay safe enjoy the sun on your face and the wind in your hair!

Transport Canada Amends TDG Reporting Requirements

On June 1, 2016, Transport Canada issued an amendment to the “Transportation of Dangerous Goods Regulations” (TDG) under the Transportation of Dangerous Goods Act. This amendment substantially revises the requirements for reporting spills of dangerous goods during transportation. It also addresses changes to air shipment of lithium ion batteries and makes various minor corrections and changes. The “Reporting Requirements and International Restrictions on Lithium Batteries Amendment” reflects concerns that the previous requirements for reporting spills, called “accidental releases,” was inefficient and didn’t allow the reporting parties to evaluate the risk to the public when deciding if a release had to be reported.

Continue reading “Transport Canada Amends TDG Reporting Requirements”

2016 Emergency Response Guidebook (PDF Download Available)

The Emergency Response Guidebook published by the US Department of Transportation, developed jointly with Transport Canada and the Secretariat of Transport and Communications is used by firefighters, police, and other emergency response personnel who may be the first to arrive on the scene of a transportation incident regarding dangerous goods/hazardous materials.

The primary purpose of the Guide is to provide immediate information regarding the chemical, therefore allowing them to take appropriate action to protect themselves and the general public.

Changes and Updates You Should Know About

Free ERG 2016 Download

  • The 2016 edition includes changes such as:
    • Expanded/Revised sections on:
    • Shipping documents
    • How to use this guidebook (flowchart)
    • Table of placards and markings
    • Rail car/road trailer identification charts
    • Pipeline transportation
    • Protective clothing
    • A glossary
    • ER telephone numbers
  • New Sections include:
    • Table of contents
    • Information on GHS (Globally Harmonized System of Classification and labeling of Chemicals)
    • Information about ERAP (Emergency Response Assistance Plans)
  • Also …
    • Updated to the 19th revised edition
    • Updated guides

Plus much more…

Order your copy today and download the free ERG 2016 PDF »

Canada!
Transport Canada Issues Protective Direction 36

On April 28, 2016, Transport Canada issued its latest Protective Direction. This Direction, number 36, will replace a previous one, Protective Direction 32, with more detailed instructions for rail carriers.

Protective Directions are rules that are not included in Canada’s Transportation of Dangerous Goods Regulations (TDG). Instead, they are announced by Transport Canada, and are published on their website. Usually, these directives are used when Transport Canada believes it’s important to bring in a new rule quickly in order to protect the public. Since amending the regulations can take months or longer, Part 13 of TDG allows them to use this method to respond to important issues with appropriate speed.

Protective Direction 36 requires Canadian Class I rail carriers to either publish information on the carrier’s website, or provide information to designated Emergency Planning Officials (EPOs) of each jurisdiction through which the carrier transports dangerous goods. This information includes:

  • Aggregate information on the nature and volume of dangerous goods that the rail carrier transported by railway car through the last calendar year (broken down by quarter);
  • The number of unit trains loaded with dangerous goods operated in the jurisdiction in the last year (again, broken down by quarter); and
  • The percentage of railway cars carrying dangerous goods that were operated by the rail carrier through the jurisdiction in the last calendar year.

Rail carriers transporting dangerous goods by railway car in a province must, by March 15 of the following year, publish on its website a report in both official languages detailing the dangerous goods shipments, including the percentage of cars that were loaded with dangerous goods, the top ten dangerous goods carried, the percentage of these top ten goods as part of the dangerous goods transported in this province, and the percentage of all residual dangerous goods on the total dangerous goods transported in that province.

Further details are given in the Protective Direction about how the rail carrier must communicate with the designated Emergency Planning Official in each jurisdiction, and how they must provide information to the agency CANUTEC to improve communication during accidents.

Protective Direction 36 replaces the earlier Protective Direction 32, and takes effect on April 28, 2016, the day it was issued. The full text of the Direction can be found at http://www.tc.gc.ca/eng/tdg/safety-menu-1281.html.

Do you have any further questions about Protective Directions? Contact ICC Compliance Center here at 888-442-9628 (U.S.) or 888-977-4834 (Canada), and ask for one of our regulatory specialists.

Public Notice – Transport Canada Standard TP14877 Update

A public notice has been posted by Transport Canada. The info is below:

The Transportation of Dangerous Goods Directorate will begin work on updating the Transport Canada Standard TP14877, “Containers for Transport of Dangerous Goods by Rail”, December 2013. The standard covers large means of containment used in the handling, offering for transport and transporting of dangerous goods by rail. The update will focus on incorporating recent regulatory changes and proposals that have been consulted with the TP14877 Consultative Committee. The TP14877 Consultative Committee is comprised of various key stakeholders with extensive knowledge and expertise in regards to various aspects associated to the transportation of dangerous goods by rail.

Read the full notice »