ICC's Regulatory Helpdesk
Regulatory Helpdesk: February 5, 2019

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Q. Customer called and asked if their company name was required to be printed on the new lithium battery mark when shipping by ground within the U.S.
A. No, that is not a requirement. Per 173.185 (c) (3) (i), it states the following must be printed on the label: The “*” must be replaced by the appropriate UN number(s) and the “**” must be replaced by a telephone number for additional information.
Q. Regarding Canadian address/phone number, do you know how a wholesaler company can market in Canada without a Canadian address? For obvious reasons, there will be multiple suppliers that could be selling our products.
A. This situation could be covered by the Hazardous Products Regulation (HPR) s. 5.9(2) or 5.15(1).

The requirement for having a label with the (Canadian) initial supplier identifier is invoked by the Act (HPA) s. 14b).

HPR s. 5.9(2) allows an employer to import with only the foreign supplier identifier on an otherwise compliant label if it’s for use in their own workplace.

HPR s. 5.15(1) exempts importers from having a compliant label as long as they can prove (5.15(2)) that they will ensure it’s labeled legally before it’s Continue Reading…

Single Packaging
BX-24DU Change Notice

Dear Valued Customer,

In an effort to continuously improve the quality and performance of our UN packaging, we occasionally must make changes to the specifications and usage instructions. This notice is to inform you that the following changes have been made to BX-24DU (PK-MT-124).

  1. The clear tape required for closure of this packaging has changed from 2 strips of 3M #305 48mm wide clear tape to 1 strip of 3M #375 48mm wide clear tape. This change to a stronger tape caused the box to perform better in drop tests, resulting in a more secure packaging.

If you have any questions or concerns, please contact our customer relations center in the US at 888-442-9628 or in Canada at 888-977-4834.

Thank you,

Michael S. Zendano

Packaging Specialist

Government Shutdown- How Does This Affect PHMSA??

With another government shutdown possibly looming again in the United States in mid-February, many are wondering how this affects the hazardous materials world, specifically those looking to ship domestically or shipments that are entering the U.S.  Whether or not you agree or disagree with the shutdown, I think it is safe to say we can all agree on the importance of the continuing enforcement of the hazardous materials regulations. So the million dollar question here is, will the government shutdown have an effect on PHMSA? The short answer here, for the time being, is yes, but not in all cases. While activities like program developments, research, and HMR permits have generally been suspended, enforcement of the regulations and investigations have continued. Below is a list of continuing operations and suspended activities while this government shutdown continues to take place.

Summary of Continuing Operations

• Investigations of pipeline accidents to determine the causes and circumstances of failure, the need for corrective action, and any non-compliance that might have contributed to the accident.

• Inspections of pipeline operators and systems to detect and remediate safety concerns and determine compliance with the pipeline safety regulations.

• Enforcement of the pipeline safety regulations through corrective action orders, notices of probable violations, letters of warning and other authorized enforcement activities.

• Investigations of hazardous materials accidents to determine the causes and circumstances of failure, the need Continue Reading…

Know Your Exemptions – the Explosives Exemption (TDG Section 1.31), and Special Provision 125

If your business is like most, you don’t usually deal with shipping explosives in Class 1. However, this class sometimes shows up in places you’d least expect it. While it’s expected to deal with explosives in construction, mining, and the military, you can also find explosives in unexpected products such as toys (caps for cap guns), pyrotechnics for stage and movie productions, and animal tracking collars (some use explosive bolts to free the animal so it doesn’t have to make a permanent fashion statement).

Shipping explosives can be more complex than many other classes of dangerous goods. They are subject to other regulations, such as the Explosives Act, and may require special licensing depending on what type they are. In addition, they are often excluded from some of the common exemptions found in Canada’s Transportation of Dangerous Goods Regulations (TDGR). For example, explosives can’t use the Limited Quantity exemption of section 1.17, or the Excepted Quantity exception found in section 1.17.1. Some low-level explosives may qualify for the 150 Kilogram Gross Mass Exemption in section 1.15 and the 500 Kilogram Gross Mass Exemption in section 1.16, but only if they fall into certain divisions, compatibility groups or UN numbers. You’ll need to read each exemption closely to ensure that your particular explosive will qualify.

To balance things out, TDGR does contain some provisions for shipping small amounts of low-level Continue Reading…

Changes to Canadian Pest Control Products Regulations

In-transit, manufactured for export, and editorial/transportation changes

IN-TRANSIT OR “FOR EXPORT”  PMRA-UNREGISTERED PESTICIDES & WHMIS-STYLE HAZARD COMMUNICATION

Those involved in manufacture, import, storage or transportation of pesticides, which are not registered for use in Canada may soon see reference to GHS-style documentation accompanying foreign products while they are in Canada. This amendment is partly as a result of a relaxation of the “in-transit” prohibition on pesticides (“pest control products” or PCP) that are not registered for use in Canada (required as a result of the government’s support of the 2017 World Trade Organization’s ratification of the 2014 Trade Facilitation Agreement – TFA).

Until recently, there was a general prohibition in the Canadian PCP legislation that, in general, prohibited the: manufacture, possession, handling, storage, transportation, import, distribution, or use of unregistered pest control products. An amendment to the PCPR adopted in Canada Gazette II (CG II) on December 26, 2018 includes authorization of import/export for “Products not Intended for the Canadian Market”.

WHMIS 2015, as specified in the Hazardous Products Act (HPA) s. 12/Schedule 1, excludes “pest control products”, as defined in the PCP Act (PCPA), from the WHMIS regulations. This wasn’t perceived to be a safety issue since, up until the recognition of the TFA only registered PCP were authorized for general manufacture, possession, handling, storage, transportation, import, distribution, or use. There are limited exceptions, but only under specified circumstances, Continue Reading…

New Dangerous Goods Fees to Go in Effect for Amazon

Last month I wrote a blog regarding penalty fees Amazon was looking to implement for packages that fail to comply with safety requirements when shipping dangerous goods. Amazon ultimately decided to take this a step further adding storage, and fulfillment fees for products they deem asdangerous goods. 

Who does this affect?

For sellers that utilize Amazon’s FBA program (Fulfillment By Amazon) in which third-party sellers send their goods to be stored, picked, packed, and shipped in Amazon warehouses before they are sold on Amazon, some of the new fees will go into effect on February 19, 2019, according to a note on Amazon’s forum for sellers.

Specifically, Amazon announced that it will be introducing a new fee for “dangerous” items like aerosol cans, and lithium-ion batteries that sellers send to Amazon warehouses. The fees will be higher than the regular fees Amazon charges for using Fulfillment By Amazon.

What are the fees?

The table below shows the new monthly inventory storage fees for dangerous goods containing flammable or pressurized aerosol substances. This change will first be reflected in April 2019 charges for storage that occurs in March 2019.

Storage Month Standard Size Oversize
January – September $0.99 per cubic foot $0.78 per cubic foot
October – December $3.63 per cubic foot $2.43 per cubic foot

Other fees include an introduction of separate fulfillment fees for dangerous goods that contain flammable or pressurized aerosol substances, and items that contain lithium-ion batteries.

Too see Continue Reading…

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…

ICC Compliance Center
Stranded in a Vehicle During a Winter Storm

Living in the St. Louis Metro Area planning before heading out onto the highways is a good idea. With a population upwards of 2 million, there are always lots of vehicles on the roads. Add to that the number of those passing through on their way out west, and you can imagine some of the traffic snarls happening on a daily basis. If there should be any sort of inclement weather, the number of accidents multiply on an exponential basis. Given we just passed the first official day of winter, it seems appropriate to think about what to do if you get stranded in your car during a winter storm.

After researching this a bit, it was interesting where I found the best advice. The Weather Channel, and several insurance agencies seemed to provide the most logical ones. Many ideas center around concepts that make sense for being a responsible car owner.

What to do when stranded:

  • Have a survival kit in your car. Create one for the types of situations you could find yourself. It should include extra gloves, water, a flashlight, a blanket, a cell phone charger, and an ice scraper just to name a few items. 
  • Stay inside the vehicle with your seatbelt connected. By staying in place you avoid exposure to the elements, which can put you at risk for hypothermia, frostbite, and getting lost. Your seatbelt is Continue Reading…
ICC Compliance Center
Looking Forward to 2019

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…

Rejected shipment, but nothing is wrong

Have you ever been in a situation where you understand “it” clearly, but the person you are explaining “it” to just does not get it? Frustrating, eh! Well I recently had this fun experience.

We did a repackaging job for one of our clients a couple of weeks ago. He was shipping a switch, which had a very small amount of mercury inside it. He told us maybe 0.5 kg of mercury – if that – and this shipment needs to go via air transport. Since he isn’t certified for air transport, he needed our services.

We classified the switch as UN3506, Mercury contained in manufactured articles. We packaged the shipment according to packing instruction 869, and as per special provision A191 since the article contained less than 5 kg of mercury. We did not add the subsidiary hazard label (class 6.1), and included “A191” in the authorization column of the shipper’s declaration.

We sent out the package. This was on Friday.

On Monday we got the package back. If there is something to note about me it is that I don’t take rejected packages lightly. It hits close to heart that I made a mistake. Took a look at the checklist, and it was rejected because the carrier’s DG Agent took the weight on the shipper’s declaration as the net weight of the mercury inside the package, and claimed Continue Reading…