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Transport Canada amends TDGR – Marine Requirements and other miscellaneous changes

As reported by the Compliance Center, 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.

Marine Amendment

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.

Note: Interestingly, the referenced definition of “vessel” in the CSA includes all “means of propulsion”:
http://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-1.html#h-2

This differs from the TDGR definitions for road and rail vehicles which expressly exclude “muscle power” as a means of propulsion. 

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.

The definition of an “inland voyage” now cites the CSA Cargo, Fumigation and Tackle regulations (CFTR):
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-128/index.html

; which, in turn, defer to the Vessel Certificate regulations (VCR):
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-31/

Other aspects of dangerous goods vessel shipment are also found in these CSA regulations.

One more definition that’s been changed to a citation is the one for a roll-on/roll-off (ro-ro) ship. The vessel is still referred to as a “ship”- since the definition cites the IMDG Code. For those without ready access to the IMDG, the current Ed. 38-16 version reads, in Chapter 1.2 (s. 1.2.1 Definitions):

“…Ro-ro ship (roll-on/roll-off ship) means a ship which has one or more decks, either closed or open, not normally subdivided in any way and generally running the entire length of the ship, carrying goods which are normally loaded and unloaded in a horizontal direction.”

Additional requirements now apply also to ferries regarding passenger vessel limitations, location of shipping documents and incident reporting.

Vessel Restrictions & Exemptions

Schedule 1 Column 8 restrictions regarding carrying DG on passenger vessels is further clarified by TDGR Part 1 sections 1.6 and new special case 1.10.

Gasoline and propane now have a Part 1 special case exemption 1.30.1 to facilitate fuel deliveries and reduce the need for equivalency certificates.

UN3156 is also now permitted in 25 L quantities on passenger vessels.

Mercurous chloride (calomel) is no longer included in the s. 1.46 special case exemption list.

The requirement to mark the flash point on packages with Class 3 contents (s. 4.13) has been removed as it was never an IMDG requirement.

IMDG v. TDGR

Additionally, the often-confusing reference to “Home Trade Voyages” in determining the applicability of the IMDG Code, versus the “standard” TDGR extension of ground requirements, has been replaced by a direct, simplified explanation. Voyages where the vessel (oops – I almost said ship!) is within 120 nautical miles – i.e. 222 km- from shore are considered non-IMDG unless the vessel travels south of the ports of New York or Portland, Oregon, or to another foreign destination. Thus, vessel transport of dangerous goods to St. Pierre and Miquelon (territories of France), despite being within 20 km or so from Newfoundland, require compliance with IMDG.

Inland (mostly “fresh water”) voyages between Canada and other countries – e.g. Great Lakes or rivers to the US – remain excluded from mandatory IMDG compliance. Conversely, vessels registered in Canada but transporting between two foreign destinations, remain under IMDG requirements.

Other Amendments

Changes not directly related to Part 11 topics include correction of some typographical and miscellaneous errors in the TDGR or website html information.

Examples include re-entering the PG II information for UN1790, UN2734 on the website; editing SP 159 to clarify that the new Class 9 Lithium Battery label illustration is only used for labels and not used for placarding purposes – standard Class 9 placards are used (as is the case in air, ocean and US 49 CFR); and updating ICAO references in Part 12.

The Table in 5.16 has been repealed due to the updates in the referenced CSA standards.

Transition:

The changes are effective as of the December 13th CG II publication date and have a transition period of 6 months for mandatory implementation. The CGII document which includes a discussion of the changes in the RIAS (Regulatory Impact Analysis Statement) is found at:

http://canadagazette.gc.ca/rp-pr/p2/2017/2017-12-13/html/sor-dors253-eng.html

 

Changes to the International Maritime Dangerous Goods (IMDG) Code

The International Maritime Dangerous Goods (IMDG) Code or International Maritime Dangerous Goods Code is accepted as an international guideline to the safe transportation or shipment of dangerous goods or hazardous materials by water on vessel.  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 1st, 2018.

A summary of the key changes is as follows:

  1. The words “marking” and “markings” have all been replaced with “mark” or “marks” through the entire code.
  2. The new Class 9 Hazard Label for Lithium Batteries also received some clarification in Chapter 5.2.2.2.1.3 in that the number of vertical stripes must be 7 at the top and the bottom must have the symbol and the number 9. Words describing the hazards are not permitted on this label.
  3. Special Provision 384 that speaks to the new Class 9 Hazard Label was revised to clarify that there is no placard equivalent to this new label. If needed, the normal Class 9 placard should be used.

The International Maritime Dangerous Goods (IMDG) Code was adopted in 1965 as per the SOLAS (Safety for Life at Sea) Convention of 1960. The IMDG Code was formed to prevent all types of pollutions at sea.

The code also ensures that the goods transported through marine transport are packaged in such a way that they can be safely transported. The dangerous goods code is a uniform code. This means that the code is applicable for all cargo-carrying ships around the world.

The dangerous goods code has been created as per the recommendations of the United Nations’ panel of expert on transport of dangerous goods along with the IMO (International Maritime Organisation). This recommendation by the UN was presented as a report in the year 1956 after which the IMDG Code was started to be drafted in the year 1961.

 

Are North American Hazmat Truckloads Safe?

This past summer, commercial motor vehicle enforcement personnel in Canada and the United States conducted more than 62,000 driver and vehicle safety inspections on large trucks and buses during the Commercial Vehicle Safety Alliance’s (CVSA) 30th annual International Roadcheck.  19.4 percent of commercial motor vehicles inspected (Level I, II or III Inspections) were placed out of service.  4.7 percent of all drivers inspected (Level I, II, and III Inspections) were placed out of service.  7,713 inspections were conducted in Canada; 54,300 were conducted in the United States.

International Roadcheck is a three-day enforcement event when CVSA-certified inspectors conduct high-volume, large-scale, high-visibility roadside inspections of large trucks and buses. Commercial motor vehicles and their drivers were checked at inspection sites, weigh stations and roving patrol locations along roadways in North America throughout the 72-hour enforcement initiative.

Of the 2,267 vehicles carrying hazardous materials/dangerous goods that received a Level I Inspection, 12.8 percent were placed out of service for vehicle-related violations.  The top three vehicle violations related to the transportation of hazardous materials/dangerous goods were for loading and securement (40.4 percent of all out-of-service hazardous materials/dangerous goods violations), shipping papers (22.7 percent) and placarding (20.8 percent).

Hazardous Materials Transportation Placards on rear of a Fuel Tanker

Of the drivers inspected that were carrying hazmat loads, 1.9 percent were placed out of service for driver-related violations.  The top three driver-related violations were for hours of service (32.3 percent of driver out-of-service violations), wrong class license (14.9 percent) and false log book (11.3 percent).

Each year, International Roadcheck places special emphasis on a category of violations. This year’s focus was cargo securement. While checking for compliance with safe cargo securement regulations is always part of roadside inspections, CVSA highlighted proper cargo securement this year as a reminder of its importance. Cargo securement violations (not including hazardous materials/dangerous goods loading/securement) represented 15.7 percent of all vehicles out of service violations during 2017 International Roadcheck.