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ICC Compliance Center Blog



ICC The Compliance Center Blog » 2010 » March

US hours of service waiver

by Jim Henry on March 26, 2010 at 8:55 am · in Industry News, Jim's Blog, Regulations

Effective March 18, 2010 the FMCSA has granted a limited 90-day waiver from the Federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point.

This 90-day waiver allows carriers with a satisfactory safety rating to use the HOS exemption when their drivers are delivering anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate customer, and from a local farm retailer to the ultimate customer as long as the transportation takes place within a 100 air-mile radius of the wholesale distribution point or the local farm retailer. This 90-day waiver preempts inconsistent State and local requirements applicable to interstate commerce and is effective as of March 18, 2010.

Courtesy Lt. C. Black, Michigan State Police

Amendment [Z]

by Jim Henry on March 17, 2010 at 2:49 pm · in Jim's Blog, Regulations

Transport Canada has published a consultation paper—Amendment [Z], and they are looking for your comments.

Some of the things that proposed:

  • under section 1.4:
    • add consignee
    • add overpack (this is a long time coming, everyone uses them but TDG did not address them)
  • section 1.39: adding dangerous goods safety marks before paragraph a), so that the 6.2 label is not required for biological substance, category B
  • section 3.5: under (1)(a), info for the consignor and consignee now required on a shipping document
  • section 4.2: does not reference the Act
  • section 4.9: going back to the wording prior to Amendment 6
  • new section 4.10.1:
    • this will deal with overpacks, however, Transport Canada is only requiring the word "OVERPACK" to be marked along with the primary class and subsidiary class labels (international regulations also require the UN number and shipping name, so why can’t we be consistent with them?)
    • it will also require placards on overpacks that are greater than or equal to 450 L capacity (are the definitions changing? a small means of containment is defined as less than or equal to 450 L)
  • section 4.15(1) is re-worded to include the current section 4.15(2)
  • the table in section 4.15 is completely overhauled:
    • the 4,000 kg requirement is deleted
    • the DANGER placard requirement is deleted
    • the ITEM column now has text
  • the subsidiary placard section is re-numbered to 4.15.1
  • a new section has been inserted after 4.16 General Options for Placards and UN Numbers
    • 4.16.1 DANGER Placard
      • this section replaces what was in the table in section 4.15
      • now includes a 1,000 kg restriction
      • outlines which conditions the DANGER placard cannot be used
  • secction 4.18(5):
    • the dates have been removed
  • section 4.19(2)(b) makes it a requirement to affix the placard for the flammable liquid with the lowest flashpoint

To view the full document, go to: http://www.tc.gc.ca/eng/tdg/clear-modifications-amendmentz-477.htm

Please send comments, in writing, on or before 31 March 2010 to:
Linda Hume-Sastre
Director, Legislation and Regulations
Transport Dangerous Goods Directorate (ASDC), Transport Canada

By one of the following options:
Email: linda.hume-sastre@tc.gc.ca
Fax: 613-993-5925
Surface mail: Place de Ville, Tower C, 330 Sparks Street 9th Floor, Ottawa, Ontario, Canada, K1A 0N5

Amendment 8 (again)

by Jim Henry on at 8:57 am · in Jim's Blog, Regulations

Although Amendment 8 was published in Gazette I in May 2009, Transport Canada (Dangerous Goods Directorate) has made changes due to comments received since May 2009.

Some of the changes are:

  • Part 16 Inspectors is revoked
  • Part 7 Emergency Response Assistance Plans (ERAP):
    • 7.1(1) – now specifies a single means of containment, regardless of the size of the means of containment
    • 7.1(2) – has had "small" deleted from means of containment and is the total quantity in all the means of containment
    • 7.1(3) – the 10% rule is revoked and it is now back to the accumulation of large means of containment
    • 7.1(5) – deals with Class 2 Gases where the means of containment is greater than 225 L and where there is more than 1 and interconnected and permanently mounted on a structural frame for transport
    • 7.1(6) – changed to 17 rail cars that are interconnected and each rail car is filled to 70% or more
    • 7.1(9) – now allows the use of another’s ERAP provided the shipper gets permission in writing to use that plan and the holder of the plan agrees to do the emergency response
    • 7.1(10) – where permission is given to use another’s ERAP, the holder of the ERAP must notify the Director General that permission has been given and again when the permission is rescinded
    • 7.1(11) – although a shipper has permission to use another’s ERAP, the shipper is still responsible for the emergency response assistance
  • Schedule 1:
    • UN0083 has special provision 1 added
    • UN1978 has special provision 88 added

Transport Canada is looking for comments on these changes to Amendment 8. For the complete outline of changes, please go to: www.tc.gc.ca/eng/tdg/clear–modifications–amendment8–1083.htm

Comments are to be sent no later than April 2, 2010 to:
Linda Hume-Sastre
Director, Legislation and Regulations
Transport Dangerous Goods Directorate (ASDC), Transport Canada

By one of the following options:
Email: linda.hume-sastre@tc.gc.ca
Fax: 613-993-5925
Surface mail: Place de Ville, Tower C, 330 Sparks Street 9th Floor, Ottawa, Ontario, Canada, K1A 0N5

Michigan weight restrictions #3

by Jim Henry on March 16, 2010 at 9:39 am · in Industry News, Jim's Blog, Regulations

General Spring Weight Load Restriction Bulletin #3

Effective 8:00 AM, Monday, March 15, 2010 weight restrictions will be lifted on all state trunkline highways from the southern Michigan border, north to and including I-94. State trunkline highways typically carry M, I, or US designations.

In the restricted area the following will apply:

  • On routes designated as "All Season Routes" (green and gold on MDOT Truck Operator’s Map), there will be no reduction in legal axle weights.
  • On routes designated as "Seasonal" (solid or dashed red on the MDOT Truck Operator’s Map), there will be weight reduction of 25% for rigid pavements and 35% for flexible pavements.

Extended permits will be valid for oversize only in the weight restricted area. Single trip permits will not be issued for overweight loads or loads exceeding 14 feet or in width or 11 axles in the weight restricted areas.

Weight restriction information and updates may be obtained by calling 1-800-787-8960. For companies located in Canada or New Jersey, information may be obtained by calling: 517-373-6256. Detailed weight restriction information may be obtained by linking to www.michigan.gov/truckers or by calling: 517-373-2121. Refer to the MDOT Truck Operator Map for route designations.

Courtesy Michigan Department of Transportation

It’s spring in Michigan!

by Jim Henry on March 4, 2010 at 10:18 am · in Industry News, Jim's Blog, Regulations

General Spring Weight Load Restriction Bulletin #1

Effective 8:00 AM, Monday, March 8, 2010 weight restrictions will be imposed and enforced on all state trunkline highways within the State of Michigan from the southern Michigan border, north to and including the Mackinac Bridge. State trunkline highways typically carry M, I, or US designations.

In the restricted area the following will apply:

  • On routes designated as "All Season Routes" (green and gold on MDOT Truck Operator’s Map), there will be no reduction in legal axle weights.
  • On routes designated as "Seasonal" (solid or dashed red on the MDOT Truck Operator’s Map), there will be weight reduction of 25% for rigid pavements and 35% for flexible pavements.

Extended permits will be valid for oversize only in the weight restricted area. Single trip permits will not be issued for overweight loads or loads exceeding 14 feet in width in the weight restricted areas.

Weight restriction information and updates may be obtained by calling 1-800-787-8960. For companies located in Canada or New Jersey, information may be obtained by calling: 517-373-6256. Detailed weight restriction information may be obtained by visiting www.michigan.gov/truckers or by calling: 517-373-2121. Refer to the MDOT Truck Operator Map for route designations.

Courtesy of Lt. Charles Black