We’ve turned our clocks backwards, started our holiday preparations, and maybe even bought new calendars for 2013. But there’s one other thing that should be on our minds for the New Year, at least for shippers in the United States. We must make sure that our shipping descriptions are in order.

In 2006, a Final Rule, Docket No. PHMSA–06–25476, known as HM-215I, was issued by the Pipelines and Hazardous Materials Safety Administration (PHMSA). The goal of this rule was to bring the US Hazardous Materials Regulations (HMR) of Title 49 of the Code of Federal Regulations (49 CFR) into line with the current UN Recommendations for Transport of Dangerous Goods. One major change was that the shipping description order, as described in 49 CFR section 172.202(a), would be rearranged to reflect the international standard.

Originally, the shipping description order was prescribed as:

• Shipping name, hazard class, identification number and packing group (if applicable)

However, HM-215I changed this order to:

• Identification number, shipping name, hazard class, and packing group (if applicable)

PHMSA recognized that making this change would take some time, and granted a six-year transition period. After all, making this change would include retraining workers who prepare or read shipping papers, reprogramming computerized document systems, and rewriting standard operating procedures regarding shipping papers. However, the transition period is reaching its end. Starting on January 1, 2013, shipping papers must be in the “identification number first” order.

Note that this change should not affect Canadian shipments to the United States. Under Canada’s Transportation of Dangerous Goods Regulations (TDG), the shipping description may be given in either order – the shipping name first, or identification number first. Under the reciprocity provisions of 49 CFR sections 171.12 and 171.22, either order should be acceptable for a Canadian shipment into the United States.

If you have questions about how this change will affect your operations, please contact ICC The Compliance Center Inc. at 1-888-977-4834 (Canada) or 1-888-442-9628 (USA).

Isn’t it good to know that the shipping industry is playing a role in recycling natural resources? While the thought of reusing shipping containers for emergency housing after a natural disaster caught the imaginings of 8th graders I worked with in a recent “Future City” contest proposal, DeMaria Design has brought the concept into reality. DeMaria’s hybrid design for a Redondo Beach container house uses conventional stick-frame construction combined with eight repurposed steel shipping containers to form a two-story home.

“For me as an architect, the challenge has always been how to give my clients the highest level of design while still keeping the projects on budget,” says Peter DeMaria, one of the country’s first architects to incorporate steel cargo containers into residential designs. His Redondo Beach container house, located in Southern California, won the American Institute of Architecture’s Excellence in Design Innovation Award in 2007.

DeMaria tells me that the shipping containers were purchased locally from a Los Angeles area supplier with consideration given to original fabrication, age, condition, and even the previous cargo shipped within the container.

The containers were retrofitted off-site, before being assembled on-site to help further reduce labor costs during installation.

With the large number of shipping operations located around the New York/New Jersey area, this technique may be a worthy consideration in the re-building of the eastern sea board communities affected by Hurricane Sandy.

Redondo Beach Container House

California architect Peter DeMaria transforms eight shipping containers into an award-winning family residence in Redondo Beach, California.

Permission granted for use of photos by DaMaria Design

A question we are often asked at ICC Compliance Center is “how small does a dangerous goods shipment have to be to not be regulated?” Not just limited quantity, not just excepted quantity – totally not regulated. Common sense tells us that, at a certain level, tiny amounts of dangerous goods do not pose a hazard during transport. Unfortunately, until recently, this question was not really addressed directly, other than by using other small quantity provisions, such as limited quantities.

However, the UN Subcommittee on the Transportation of Dangerous Goods has been working on this issue, and the question has started to be answered by various regulations based on the UN Recommendations. For example, starting in 2013, shippers by air who use the ICAO Technical Instructions for the Safe Transport of Dangerous Goods (TIs), and the IATA Dangerous Goods Regulations (DGR), will be able to ship very small amounts of dangerous goods as non-regulated under the so-called “de minimis” provisions.

The 54th Edition (2013) of the DGR has a new section, 2.6.10, which establishes the procedures for shipping as a de minimis quantity. The procedure is as follows:

1. Look up the goods being shipped on the List of Dangerous Goods (Table 4.2), and check the Excepted Quantity code given in column F. If the code is E1, E2, E4 or E5, the goods can be shipped as de minimis, if they meet the following requirements. (If the code is E0 or E3, unfortunately, de minimis is not an option.)
2. Package the goods as you would excepted quantities, using the instructions in DGR section 2.6.5. Note that, despite this section, intermediate packaging (such as a leakproof bag) is not required if the inner packagings are securely packed in an outer packaging with cushioning material, in such a way that they could not:
   • break,
   • be punctured, or
   • leak their contents

   under normal conditions of transport. Also, if they are liquids, there must be enough absorbent material to absorb the entire contents of the inner packagings.

3. The quantity limits for a de minimis package are:
   • For inner packagings, not more than 1 mL for liquids and gases, or 1 grams for solids, and
   • For outer packaging, not more than 100 mL for liquids and gases, and 100 grams for solids.
4. Finally, review the package testing requirements given in section 2.6.6. Although the package does not have to be UN-specification tested, this section says that the package must be capable of withstanding, “as demonstrated by testing which is appropriated documented,” a drop test and a 24-hour stacking test. These are simple tests that can be done in-house; however, as the section says, they should be documented. Notes of the test, and digital photographs, if possible, should be kept on file regarding the packaging.

Once you have met these requirements, the DGR says that the de minimis package will be “not subject to these Regulations”. So, other requirements, such as dangerous goods shipping papers, or package markings, will not apply.

Do remember that this section is new to the 54th edition of the IATA DGR. Until January 1, 2013, these provisions may not be used.

If you have questions about using de minimis quantities, please contact ICC The Compliance Center Inc. at 1-888-977-4834 (Canada) or 1-888-442-9628 (USA).

With the changing seasons, comes a change in weather that may affect your area with storms and natural disasters.

According to The American Red Cross, the internet – including online news sites and social media platforms – is the third most popular way for Americans to gather emergency information and let their loved ones know they are safe.

Through the use of everyday technology; individuals, families, responders and organizations can successfully prepare for, adapt to, and recover from disruptions brought on by emergencies and/or disasters.

If your cell phone is an indispensable part of your daily routine, then you may find emergency information text messages from FEMA (Federal Emergency Management Agency) to be a valuable asset. Use your cell phone’s text messaging capability to receive text message updates from FEMA (standard message and data rates apply).

Here are basic commands to get started:

• To signup to receive monthly preparedness tips: text PREPARE to 43362 (4FEMA)
• To unsubscribe (at any time): text STOP to 43362 (4FEMA)

For more information on getting the most out of using the internet/cellphone capabilities during the next emergency, visit http://www.ready.gov/get-tech-ready.

August 15, 2012

This Notice of Proposed Rulemaking (NPRM) by the Pipeline and Hazardous Materials Safety Administration (PHMSA) is part of a continuing effort to maintain alignment with international regulations and standards through a biennial process to harmonize the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) with international regulations and standards.

The following are some of the more noteworthy proposals in this NPRM:

• Incorporate Revised Standards: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards including the 2013–2014 International Civil Aviation

Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), Amendment 36–12 to the International Maritime Dangerous Goods Code (IMDG Code), and the 17th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations).

Additionally, PHMSA is proposing to update the incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011–239) issued November 9, 2011, Amendment 9 (SOR/2011–60) issued March 16, 2011, and Amendment 10  (SOR/2011–210) issued October 12, 2011. Finally, in this NPRM PHMSA is proposing the adoption of updated International Standards Organization (ISO) standards.

This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, most of which become effective January 1, 2013.

• Expand Packaging Authorizations: Consistent with the amendments adopted by the UN Model Regulations, PHMSA proposes to adopt changes throughout the Part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials.

• Revise Vessel Stowage Codes: PHMSA proposes to revise, consolidate, and delete various vessel stowage categories and codes referenced in column 10A and 10B of the Hazardous Materials Table (HMT) found in § 172.101. The purpose is to eliminate redundant codes, align with modifications to the IMDG Code and to simplify the vessel stowage requirements by limiting the number of stowage options.

• Adopt Chemical Under Pressure Provisions: This modification would revise the HMT to include entries for chemical under pressure as well as incorporate other safety requirements including but not limited to packaging requirements, segregation requirements, quantity limitations, and filling limits into the HMR. These types of products are often incorrectly classified and transported as liquefied gases or shipped under special permits.

• Specify Minimum Size Requirements for Identification Number Markings on Non-Bulk Packages: This change proposes to add specific size requirements for identification number (i.e., ‘‘UN,’’ ‘‘NA,’’ ‘‘ID’’) markings as prescribed in § 172.301 for non-bulk packages. As aligned with the new UN model regulations, this minimum size marking will benefit first responders to identify the commodity associated with a particular package.

• Revise HMT Entries: PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (HMT) to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limits to the HMT to mirror recent changes in the Dangerous Goods list of The 17th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

The benefits resulting from the adoption of the amendments include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. Most of the amendments in this NPRM should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

The full notice can be read at:

Hazardous Materials: Harmonization with International Standards   [TEXT]  [PDF]

Comments must be received by October 15, 2012.