Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Due to the Holiday week, we have only 2 FAQ’s worth sharing.
Check back weekly, the helpdesk rarely hears the same question twice.
More Lithium Batteries
Q. We want to ship a 63 W-hr lithium ion battery. Are there any issues with packaging 2 or more together in the same container under IATA 2018 and 49CFR? If 2 or more are ok what is the limit?
A. Under IATA you have 2 options and it will be up to you as the shipper to make the decision as to how to handle your shipment. As you know the 65 w-h battery falls into the excepted type. Now, for IATA that puts you in either Section II or Section IB. By the way, be sure to grab the recently published Addendum!
For Section II batteries there is a change for this year. As per usual, there are several changes to the operator regulations. Also, these batteries cannot be packed in the same outer packaging as any other dangerous goods.
The rest of the section still applies in PI 965. You are not allowed to offer more than 1 package prepared under Section II in any single consignment or shipment.
If you are using an overpack, you can only have one package of these batteries in the overpack. The overpack cannot Continue Reading…
A new state variation was added for Ethiopia. This new addition includes 4 variations including mandatory requirements for the shipper’s declaration form and a mandatory inclusion of an (M)SDS.
UPS Airlines (5X), Air Canada (AC), Air France are some of the others who have operator variations. Check these carefully, as there are several pages dedicated to these changes.
Table 2.3A – Provisions for Dangerous Goods Carried by Passengers or Crew has been regarding Lithium Batteries. This section is not only important for shippers, but also for travelers.
Section 184.108.40.206 has been completely revamped. There isn’t an easy way to go in and make the changes they have listed. As a courtesy to our customers, you can download a revised section with all the changes, deletions and additions. It fits on one page and can be printed for adding into IATA.
A change was added for Dangerous Goods in Excepted Quantities. The number of packages must now be shown on in the Nature and Quantity of Goods box on the waybill, unless they are the only thing being shipped.
Now doesn’t that sound interesting. When you want to ship different dangerous goods in one outer packaging, you have to calculate something called a “Q value” using a formula. The Q value ordeal is only applicable to air shipments and seldom used as most prefer to put the dangerous goods in separate packaging.
Last week a customer requested to have 2 different dangerous goods packaged and shipped to Brazil via air. Since the quantities for each product was less than 200 ml I thought I might be able to apply the “Q” value and besides it’s always better to consolidate your shipment if you can to prevent loss/delay of packages. Especially this time of the year.
I ensured the dangerous goods met all the requirements of Section 220.127.116.11 of the IATA Regulation. I calculated the “Q” value and it was less than 1.0. So, everything seemed to be a go. For packaging, I used a 4GV box and lots of vermiculite to:
separate the two dangerous goods and
more than enough absorbent in case there was a leak (only one product was liquid)
Applied all the labels and markings, created the shipper’s declaration and added the Q value as required per Section 18.104.22.168.2(f), then shipped it out with Fedex.
Transport Canada issues new Part 11 and makes other miscellaneous changes
The December 13, 2017 edition of the Canada Gazette II contains the expected rewrite of Part 11 “Marine” requirements of the Transportation of Dangerous Goods Regulations (TDGR). In addition, there are related changes in other parts, as well as some unrelated miscellaneous changes in other areas.
The most wide-reaching change, although perhaps of relatively minor significance to the general regulated community, is the replacement of the term “ship” with “vessel”. This, among other changes, is to update the TDGR to current Canada Shipping Act (CSA, and related regulations) terminology. Many aspects of Part 11 related to the CSA had not been updated since 2008.
This differs from the TDGR definitions for road and rail vehicles which expressly exclude “muscle power” as a means of propulsion. (“Means of transport” in TDGR is a different story, but perhaps we’ll leave that one for another blog!)
Other definition changes include elimination of the reference to “short run ferry”, previously defined in TDGR Part 1.3 as operating between points “not more than 3 km apart”. TDGR 1.30 special case exemption now refers only to “Ferry,” but describes within the exemption that it’s applicable to operating between two points “not more than 5 km apart.
Here we are at the end of 2017 and the best word to summarize it is “change”. Every transport regulation had some sort of change this year. The most recent one is to the IMDG Code. A Corrigenda was published earlier this month that makes some changes to the 38-16 version. Note that this version becomes mandatory for use starting January 1, 2018.
Here are a few of the highlights:
The words “fishmeal” and “seedcake” are now divided into separate words throughout the regulation. You now have “fish meal” and “seed cake” throughout the code.
The words “marking” and “markings” have all been replaced with “mark” or “marks” through the entire code.
Several chapters in the regulation have been renumbered such as the subheadings under 5.1.1, 7.8.6 and 7.8.7.
Packing Instruction P002 has a change to Special Packing Provision PP11 to include 5H1, 5L1 and 5M1 bags.
Special Packing Provision PP40 has been deleted from several UN numbers including 1396 (PG III), 1398 (PG III), 1402 (PG I) and 3132 (PG III) to name a few.
For the new Lithium Battery mark there is now the allowance that it can also be a “suitable contrasting background” rather than just black and white.
The new Class 9 Hazard Label for Lithium Batteries also received some clarification in Chapter 22.214.171.124.1.3 in that the number of vertical stripes Continue Reading…
Recognizing Technological Evolution while Maintaining Safety & Security
Explosives Regulations (ER) – Ports & Wharves
The Explosives Safety & Security Branch (ESSB) of Natural Resources Canada, and Transport Canada, have issued a Gazette I (CG I) proposal to amend their respective Explosives Regulations (ER, under the Explosives Act), and the Cargo Fumigation and Tackle Regulations (CFTR, under the Canada Shipping Act).
The initial reason for the proposed amendment is to remove reference to the express requirement to use quantity/distance principle (QDP) restrictions and ESSB Inspectors from the CFTR. A more modern approach of quantitative risk assessments (QRA), based on actual probable hazards following, methodology authorized by the ESSB (Chief Inspector of Explosives), would replace the more rigid QDP.
QDP, currently covered in CAN/BNQ 2910-510/2015, were established mainly for fixed manufacturing/storage facilities and specifically exclude transportation activities from the scope of the standard.
The proposal also provides for having qualified individuals, not just ESSB Inspectors, determine the risk following an approved QRA methodology. The requirements will appear in a new ER section 203.1 instead of the current CFTR section 155(2) & (3).
It is expected that international trade and commerce will be improved without sacrificing safety or security under this proposal.
Explosives – Other Amendments
The CG I amendment proposes to also include ER changes under the topics of:
Eliminating or relaxing license requirements for certain “low risk” explosives (7 components);
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.
Q. What edition of the IMDG should I be using?
A. The customer would still need the 38th edition to get him through all of next year. The new 39th edition will be published at the end of 2018 but it can’t be used at all until Jan 1, 2019. Even then the 38th is still a viable option.
Placement of the Consignor’s Certification Statement
Q. Can the Consignor’s certification appear on a second page or on the back of the shipping document?
A. Yes, if there is no other non-DG information intervening when using the phrase in TDGR 3.6.1(1)(a). This phrase requires that the certification appear below the information specified in 3.5. The Transport Canada FAQ page indicates that the “consignor’s certification may appear on the back of the shipping document as long as it is after the information required under Section 3.5“.
Limited Quantities Under IMDG
Q. Can limited quantity provisions be used to ship under the IMDG Code?
A. Yes, but you should have IMDG Code training or consider a re-packing service if you are not trained, since the requirements are not the Continue Reading…
Here it is January of 2015 and I’m so lost and confused in this world of Hazard Communications. Is there a set of directions or a map through this land of labels, safety data sheets and classifications? Daily, phrases such as “UN Model Regulations”, “Purple Book”, “HazCom2012”, “GHS Classification” and “June 1, 2015” are tossed around in conversation with great emphasis.
Are these the same?
Are they different?
Can you explain it?
Luckily, ICC Compliance Center is here to help with you navigate. There are multiple resources in particular that can help.
Here is just a sample of what we have to offer:
Globally Harmonized System of Classification and Labeling of Chemicals (GHS)
Also known as the “Purple Book”: This is the UN Model REGULATION that outlines exactly what GHS is. It explains the comprehensive changes to how customers are informed of hazards, by finally establishing an internationally uniform system for classifying hazardous chemicals, labeling them and providing Safety Data Sheets (SDS). Encompassing many sectors, including workplace safety, consumer sales, transportation, and environmental protection. This is updated every two years so be sure to use the correct edition! Use this to see if you are on the correct continent of your map.
Just HazCom: Hazard Communication Regulation
Here is “HazCom2012” or the “US GHS”. “Just HazCom” has the parts of 29 CFR 1910.1200 used to ensure that the hazards of all chemicals produced Continue Reading…
The Occupational Safety and Health Administration (OSHA) has issued a correction and technical amendment to the March 26, 2012 final rule incorporating the GHS recommendations into the Hazard Communication Standard.
The majority of the corrections are to references originally missed in the original final rule. Other corrections include correcting values and notations in table and updating references to terms (e.g. Material Safety Data sheet (MSDS) to Safety Data Sheet (SDS)).