Just two days before Christmas 2020 and I’m still getting questions like this:
Greetings Mr. Stoehr,
I hope this email finds you well and celebrating the holidays.
I read the following requirement for shipping de minimis: “If the code isE1, E2, E4 or E5, the goods can be shipped as de minimis. If the code is E0 or E3 your dangerous goods cannot be shipped using this provision.
What is the the reason why we cannot ship if the code is E3? I understand if it is E0. E3 is similar to E2, only the maximum net quantity per outer package is less.
Thank you for contacting me. I will try to answer your question below.
I presume you are referring to the De Minimis Quantities exception of the International Air Transport Association (IATA) at 2.6.10 of the IATA Dangerous Goods Regulations. While there is a similar De Minimis Quantities exception at 49 CFR 173.4b in the Hazardous Materials Regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA), the domestic regulations do not use the “E codes” as do those of IATA.
The “E codes” (E0, E1, E2, E3, E4, & E5) are found in column F of the List of Dangerous Goods. Their primary purpose is to identify the limits of the Excepted Quantity exception.
Once the E code is determined for a dangerous good the shipper or packer is directed to 2.6 of the IATA Dangerous Goods Regulations to determine the inner and outer packaging quantity limits and packaging requirements for transport as an Excepted Quantity.
Within 2.6 at 2.6.10 are the requirements for transport subject to the De Minimis exception. There, as noted above, the De Minimis exception is limited solely to dangerous goods associated with the E codes of E1, E2, E4, & E5.
Why not E3?
I don’t know for certain why E3 is excluded from eligibility for the De Minimis exception.
However, I can surmise it is not due to the quantity limits but more likely due to the type of dangerous good that is assigned the E3 code. It is possible that the dangerous good assigned E3 as an excepted quantity is not acceptable to ship by air as DeMinimis.
I did a quick review of most of the List of Dangerous Goods and discovered that every E3 code in column F was associated with a Class 3 Flammable Liquid in Packing Group I.
I hope that helps. Please contact me with any other questions.
Thanks for giving this a shot – we kinda went in a circle – I did the same. Have wonderful holiday
Conclusion:
Not every answer has a satisfactory answer in the regulations. Though I couldn’t answer this “why?” question, I’m sure I’ll be able to answer and “how” question you may have about the transportation of dangerous goods or hazardous materials.
The International Maritime Organization (IMO) is a specialized agency of the United Nations responsible for the safety and security of international shipping and to prevent pollution from ships. Just one of its responsibilities is the development of the International Maritime Dangerous Goods Code (IMDG Code). Shore-based personnel who prepare dangerous goods for international transport by vessel must comply with the IMDG Code.
The IMDG Code is updated every two years in a standard amendment cycle. This is what that cycle should have looked like if 2020 was a normal year:
In the 4th quarter of an even-number year a new edition of the Code is published incorporating amendments added by IMO. So, in the Fall of 2020 the 2020 Edition, incorporating Amendment 40-20 should have been published.
On January 1 of the following odd-numbered year voluntary compliance with the new edition begins. The regulations of the previous edition remain valid in this transition year. So, as of January 1, 2021 both the 2020 Edition, incorporating Amendment 40-20 and the 2018 Edition, incorporating Amendment 39-18 should have been valid.
On January 1 of the following even-numbered year the new Edition comes into force, compliance with its regulations is mandatory and the previous Edition is obsolete. So, on January 1, 2022 compliance with the 2020 Edition, incorporating Amendment 40-20 should be mandatory and the 2018 Edition, incorporating Amendment 39-18 should be obsolete.
IMO’s meeting schedule was disrupted by the global public health crisis and the 2020 Edition of the IMDG Code is not yet available. IMO hopes to have it published in early 2021. Therefore, IMO announced a five-month delay in the mandatory compliance with the 2020 Edition of the IMDG Code.
The new mandatory date is June 1, 2022 instead of January 1, 2022.
Voluntary compliance remains January 1, 2021. (which I really don’t see the point of since the IMDG Code isn’t expected to be printed until several months into 2021!)
What this means to you:
Until the 2020 Edition of the IMDG Code is published you may continue to comply with the 2018 Edition. Even after the publication of the 2020 Edition on ??.??.21, you may continue to comply with the 2018 Edition during this transition year. And you may continue to comply with the 2018 Edition through January 1, 2022 (the normal cut-off) until June 1, 2022 which is the new date for mandatory compliance with the 2020 Edition.
If you prepare a dangerous good for international transportation by vessel you – and perhaps other employees – must receive initial and triennial IMO Training and USDOT/PHMSA HazMat Employee Training. I can provide both.
The International Air Transport Association (IATA) publishes a new edition of its Dangerous Goods Regulations for each calendar year. In effect for the remainder of calendar year 2020 is the 61st edition. Beginning January 1, 2021 all transport of dangerous goods subject to IATA’s Dangerous Goods Regulations must be in compliance with the 62nd edition. The purpose of this article is to summarize the significant changes in store for 2021 in the 62nd edition.
The ICAO Technical Instructions are updated every two years. However, the IATA Dangerous Goods Regulations are updated every calendar year due to frequent changes within the airline industry and a desire for greater safety and efficiency in air transportation of dangerous goods.
What’s inside the IATA Dangerous Goods Regulations? Good question:
The 62nd Edition of the IATA Dangerous Goods Regulations is effective from January 1, 2021 to December 31, 2021
Section 2 – Limitations: forbidden and hidden goods, storage and transport quantities, transport by post, transport by passengers/crew, limited quantity exception, excepted quantity exception, State and operator variations
Section 3 – Classification: defining criteria of hazard classes and divisions, multiple hazards, Packing Group
Section 4 – Identification: list of dangerous goods (blue pages), numerical cross-reference list, special provisions
Section 5 – Packing Instructions (yellow pages): Packing instructions – fully regulated and limited quantity – for all dangerous goods by passenger and cargo aircraft (PAX) and cargo aircraft only (CAO)
Section 6 – Packaging Specifications: inner packaging, UN, construction and testing, limited quantity
Section 8 – Documentation (more pink pages): shipper’s declaration for dangerous goods, air waybill
Section 9 – Handling: storage, loading, inspection, information provision, reporting, training, document retention for operators (air carriers)
Section 10 – Radioactive material (a few more pink pages): transport, limitations, classification, identification, packing, testing, labelling, documentation, handling
Appendices: A-I
Index
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Even the document available from IATA is not meant to be an exhaustive listing of all changes to the 62nd Edition. Make sure you do your research to confirm compliance.
This short video explains the reference marks used in the IATA Dangerous Goods Regulations to indicate changes to the DGR from the previous edition.
Significant Changes and Amendments to the 62nd Edition of the IATA Dangerous Goods Regulations for 2021:
Section 1 – Applicability
1.5 – Training Requirements. The training requirements have been revised to implement a competency-based approach to dangerous goods training and assessment. These changes were originally shown in Appendix I – Impending Changes of the 61st Edition (2020) and are now found in subsection 1.5 of the 62nd Edition for 2021. During a two-year transition period (until December 31, 2022) the training requirements from the 61st Edition may continue to be used. For this reason subsection 1.5 from the 61st Edition has been moved to Attachment A of Appendix H in the 62nd Edition.
Competency-based training is an effort by IATA to provide training focused on the key competencies and skills that each employee needs in order to perform specific tasks in the packaging, loading, and shipping of dangerous goods by air. What it means is that as of 12.31.22 your IATA Dangerous Goods training will have to change.
Other changes were made to the list of exceptions at 1.2.7 to include dangerous goods required for preservation of organs intended for transplant and pest management activities and new entries were added to the indicative list of high consequence dangerous goods in Table 1.7.A.
Section 2 – Limitations
Subsection 2.3 – revised to allow for passengers to carry the following dangerous goods:
Nickel-metal hydride or dry batteries
Self-inflating safety device and spare gas cartridges
Portable electronic devices (PED) and spare batteries for PED
Subsection 2.4 – revised to clarify the packing instructions (PI 954) required when dry ice is used as a refrigerant for UN3373 (Biological substance, category B) when the dangerous good is to be transported by post.
3.6.2.5 – revised to add a new criteria to address solid medical waste containing Category A infectious substances.
3.8.2 – revisions to the criteria for assignment of Packing Groups to corrosive substances and mixtures.
Section 4 – Identification
Several amendments to the List of Dangerous Goods in subsection 4.2. Including:
Addition of UN0511, UN0512, & UN0513 for Detonators, electronic in divisions 1.1B, 1.4B, and 1.4S respectively
Addition of new proper shipping name, Dangerous goods in articles to UN 3363
Addition of UN3549 for Medical waste, Category A, affecting animalsorhumans
UN2216, Fish meal, stabilized is no longer forbidden. It is now permitted on both passenger aircraft and cargo aircraft only
Packing instruction number for UN3291, Biomedical waste, n.o.s., Clinical waste, unspecified, n.o.s., Medical waste, n.o.s., and Regulated medical waste, n.o.s. has been changed from PI 622 to PI 621
“Stabilized” was added to the proper shipping name for UN2522, 2-Dimethylaminoethyl methacrylate
Amendments to special provisions in subsection 4.4 include:
Inclusion of the State of the operator as an approving authority (previously it was only the State of origin) for lithium batteries shipped under special provisions A88 (prototypes) and A99 (more than 35 kg OK for cargo aircraft only).
Special provisions A88 and A99 revised to require the packing instruction number shown on the Shipper’s Declaration be the one identified in the special provision from the Supplement to the ICAO Technical Instructions: PI 910 for A88 and PI 974 for A99.
To reflect the addition of a new proper shipping name to UN3363 (Dangerous goods in articles), the words “machinery or apparatus” in special provision A107 were replaced by “article”.
Revisions to A145 for waste gas cartridges and waste receptacles, small, containing gas.
Significant revisions to A154 to address transport of damaged and defective lithium batteries.
Revision to A201 to allow for the transport of lithium batteries as cargo on passenger aircraft if urgent medical need and with approval of State of origin and operator.
New special provisions:
A215 permits shipper to use a listed proper shipping name as the technical name for UN3077 and UN3082.
A219 (assigned to UN2216, Fish meal, stabilized) specifies antioxidants must be added to fish meal to prevent spontaneous combustion.
Section 5 – Packing
5.0.2.5 – new text added clarifies a packaging may meet more than one tested design type and may bear more than one UN specification mark.
Revisions to packing instructions include:
PI 378 and PI 972 – permits fuel tanks of machinery to have up to 1/4 of a tank of fuel where the machinery cannot be loaded other than upright.
PI 457, PI 463, PI 465, PI 470, PI 471, PI 479, PI 482, PI 490, PI 491, and PI 555 – single packagings permitted by these packing instructions now align with those permitted in the UN Model Regulations and elsewhere in the DGR.
PI 492, PI 870, PI 971, and PI 972 – cells and/or batteries must be packed directly into the outer packagings.
PI 622 – renumbered to PI 621 to align with the UN Model Regulations.
PI 650 and PI 959 – diamond-shaped mark with the UN number must appear on one side of the package.
PI 956 – includes reference to UN 2216, Fish meal, stabilized.
PI 957 – allows for both combination and single packagings.
PI 962 – includes reference to the new proper shipping name Dangerous goods in articles and to use “article’ or “articles” in place of “machinery or apparatus”.
PI Y963 – a unit load device prepared by a single shipper may contain dry ice as a refrigerant for consumer commodities.
PI 965 to PI 970:
damaged or defective lithium cells or batteries are forbidden for air transport.
when section II of packing instructions are followed and packages from multiple packing instructions are on one air waybill, the compliance statement may be combined into a single statement. Examples are included in 8.2.7.
PI 967 and PI 970:
equipment must be secured against movement in the outer packaging.
multiple pieces of equipment in a package must be packed to prevent damage due to contact with other equipment in the package.
Section 6 – Packaging Specifications and Performance Tests
Revisions to Section 6 include:
6.0.4.1 and 6.5.3.1 – clarification of size of UN specification marks on packagings.
6.0.4.2.1(f) – clarification of the application of the year of manufacture for plastic drums and jerricans.
6.0.7 – new provision for packagings tested to more than one design type.
6.1.7.2 – revision to maximum capacity for metal aerosols.
6.2.2.7 and 6.2.7.7 – suitable internal protective coatings or treatments must be applied to aluminum and other metal drums if not compatible with contents. This provision already exists for steel drums and steel and aluminum jerricans.
6.4.2 – revisions to the ISO references for UN cylinders and closed cryogenic receptacles.
Section 7 – Marking and Labelling
7.1.4.4.1 – the height of the UN/ID number and the letters “UN” or “ID” on packages may be smaller than 12 mm depending on the size of the package.
7.1.5.5.3 – minimum dimensions of lithium battery mark have been revised.
Section 8 – Documentation
8.1.6.9.2, Step 7 – requirements for description of multiple overpacks on Shipper’s Declaration revised. An additional example is provided at Figure 8.1.Q.
8.2.1 – statement required on the air waybill when dangerous goods are offered on a Shipper’s Declaration revised to align with the language used on electronic documentation: Shipper’s Declaration is not “attached” but is “associated” with the air waybill. There is a two year transition period during which time either wording is acceptable.
If you like this article, please share it using any of the social media platforms identified at the bottom of this article.
Section 9 – Handling
9.1.9 – now mandatory (previously recommended) that operators include the transport of dangerous goods as part of their safety risk assessment process.
9.6.4 – requirement to provide report to State of origin deleted.
Section 10 – Radioactive Materials
Revisions to Section 10 include:
10.0.1.1 – provisions for transport are based on Revision 1 of IAEA Safety Standards Series No. SSR-6.
replacement of “radiation level” by “dose rate”.
Table 10.3.1 – addition of new radionuclides for Germanium, Iridium, Nickel, Strontium, and Terbium.
10.8.8.1 – revision to statement on the air waybill when dangerous goods are offered on a Shipper’s Declaration.
Appendix A
Changes, deletions, and additions in the glossary include:
addition of definitions for carry-on and checked baggage.
addition of definition for detonators, electronic.
addition of definition for dose rate.
deletion of “radiation level”.
revision to the definition for self-accelerating decomposition temperature.
Table C.2 – changes to the list of currently assigned organic peroxides.
Appendix D
updates to contact information for competent authorities.
Appendix E
E.1 – changes to list of UN Specification Packaging Suppliers.
E.2 – changes to list of Package Testing Facilities.
Appendix F
revisions to list of Sales Agents (F.2), IATA Accredited Training Schools (F.3 – F.5) , and IATA Authorized Training Centers (F.6).
Appendix H
guidance material on development and implementation of competency-based training for dangerous goods has been revised based on input from training providers and member airlines.
Subsection 1.5 from the 61st Edition has been moved to Attachment A in Appendix H.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The Dangerous Goods Regulations (DGR) of the International Air Transport Association (IATA) at 5.0.2.11 allow for the transportation of different dangerous goods in a single outer packaging (aka: all packed in one). A particular challenge when packing different dangerous goods in a single outer packaging is to comply with the dangerous good’s per package quantity limits found in the following columns of the List of Dangerous Goods at 4.2:
Column H for limited quantity
Column J for passenger and cargo aircraft
Column L for cargo aircraft only
In order to ensure the per package quantity limits are not exceeded IATA requires the shipper/packer of the dangerous good to calculate its “Q” value. The purpose of this article is to explain how to calculate the “Q” value of a package containing different dangerous goods to ensure compliance with the per package quantity limits of the IATA Dangerous Goods Regulations. (more…)
Note: IATA is the International Air Transport Association. It’s Dangerous Goods Regulations – updated annually – contain all of the requirements of the International Civil Aviation Organization’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. It is applicable to all airlines that are members of IATA and “all shippers and their agents that offer consignments of dangerous goods to these operators.” If you offer a hazardous material for transport by air, you will likely have to comply with the IATA DGR.
When we have multiple identical overpacks of the same dangerous good, could we put on the declaration “A1 through A33” instead of listing each A1, A2, etc.?
Here’s how they were doing it: listing each overpack separately by its identification mark.
I think we cannot, but wanted verification. But if we can- it would simplify our warehouse manager’s life.
Thank you!
My reply:
Yes you can. Please see below for a more thorough answer.
To facilitate identification, loading, and notification, the operator requires an overpack to show an identification mark (which may be any alpha-numeric format) and the total quantity of dangerous goods. This information must also be entered on the Declaration. The total quantity of the Declaration must match the total quantities shown on the overpack.
Step 7 of 8.1.6.9.2 describes the requirements for completing the second sequence of the Shipper’s Declaration for Dangerous Goods: Number and Type of Packagings, Quantity of Dangerous Goods when dangerous goods are packed in an overpack – or multiple overpacks.
Step 7 of 8.1.6.9.2 does not address your situation directly. It does refer to Figure 8.1.N Example 10 which does.
Figure 8.1.N Example 10 displays a situation of four (4) overpacks with identical contents. On the Declaration it is described as follows:
So, it is acceptable to display the overpack identification marks as a range instead of displaying each identification mark separately.
Also, it is not necessary to display “Marine Pollutant” on the Declaration unless it is a bulk packaging.
The IATA Dangerous Goods Regulations do not require any additional description for a marine pollutant.
USDOT/PHMSA Hazardous Materials Regulations require an additional description for a marine pollutant transported by air but only if in a bulk packaging. Since the dangerous good is not in a bulk packaging, it does not require any additional description on the Declaration.
I hope this helps. Please contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
And that did it! If you are offering a package of a dangerous good to be transported by aircraft you must comply with the IATA Dangerous Goods Regulations (be sure you have the latest Edition!). Also, if the air transport begins and/or ends in the U.S. you must also comply with the USDOT/PHMSA Hazardous Materials Regulations (updated every six months!) Both of these regulations require that you provide training for any personnel with a direct effect on the safe transportation of the dangerous good. Let me help you to meet these training requirements!
The U.S. Department of Transportation’s Federal Aviation Administration (FAA) proposes a $120,000 civil penalty against UPS, Inc., of Atlanta, GA, for allegedly violating the Hazardous Materials Regulations.
The FAA alleges that UPS, performing a shipper function, knowingly offered a shipment containing lithium batteries to the company’s UPS Airlines for transportation by air from Ontario, CA, to Louisville, KY, on Nov. 15, 2018.
The FAA alleges the shipment of lithium batteries violated the following regulations of the HMR:
Shipment of lithium batteries was not properly packaged.
Shipment was not accompanied by a Shipper’s Declaration for Dangerous Goods, and was not properly described, marked or labeled to indicate the hazardous nature of its contents.
The FAA also alleges UPS failed to include emergency response information with the shipment.
Employees at the UPS facility in Louisville examined the contents of the shipment and discovered that it contained multiple loosely packed lithium batteries which had no protection from short circuit, were damaged, and several of which were in a reactive state, the FAA alleges.
Where:
Consignment was offered for transport in Ontario, CA. For delivery to the UPS facility in Louisville, KY.
When:
Consignment of lithium batteries was offered for transport on November 15, 2018.
FAA press release: January 24, 2020
UPS has 30 days after receiving the FAA’s enforcement letter to respond to the agency.
Why:
Lithium ion (and lithium metal) batteries that are damaged, defective and likely to generate a dangerous evolution of heat are forbidden for air transportation on cargo and passenger carrying aircraft.
How:
The FAA does not create the Hazardous Materials Regulations – that’s the job of another administration within the USDOT: the Pipeline and Hazardous Materials Safety Administration (PHMSA) – but it does enforce the HMR when a hazardous material is transported by air.
Even big companies make mistakes. Another reason why the person who offers a HazMat for transportation (the shipper) should not rely on the carrier to ensure compliance with the regulations. Only knowledge of the regulations and the biennial training required by IATA (USDOT/PHMSA requires training every three years) can keep your company from facing civil penalties like the one now faced by UPS.
This e-mail was sent from a contact form on Daniels Training Services (https://danielstraining.com) on December 05, 2019
Hello,
I am trying to name a chemical for transport. It has a flashpoint of 81 C. It is not a US DOT marine pollutant, but it is an IMDG marine pollutant. We ship in both bulk and non-bulk packaging, both domestically and internationally. I believe the US DOT name would be NA1993, combustible liquids, n.o.s. (name), 3, III -is that correct?
I am having a hard time with the IATA and IMDG name. Would those still be the NA1993? I know that NA1993 isn’t recognized internationally, so I am little confused as how this should be named. Any help you can provide with the naming would be greatly appreciated!!
Thank you for contacting me. I apologize for my delay. I will review and reply. Please advise on the below.
What is the chemical? Do you have an SDS?
What makes it an IMDG marine pollutant?
What is the expected capacity of the packaging: <5 L / 5 kg? <119 gallons? >119 gallons?
Does transport begin or end in the U.S.?
Thank you and please advise.
Answer:
Hello Daniel,
Thanks for taking the time to help me with this!!
The product is a blend of basic epoxy resin (casRn 25085-99-8) and Oxirane, 2-(butoxymethyl)- (casRn 2426-08-6); flash point 81 °C
No, we do not have a SDS. We are trying to make one and the SDS author asked me to assist in the naming.
It is IMDG marine pollutant because it meets the UN model regulation criteria for classification as a Chronic Aquatic Toxicity Cat 2.
When we make a SDS, we include the names for each package type and mode of transport. We ship 1L to 20L/5 gallon samples, 55 gallon drums, and 275 gallon totes
1L to 5 gallon samples ship by ground or air both domestically and internationally
55 gallon drums and 275 gallon totes ship by ground domestically and by vessel internationally
Transport begins in the US
Thanks,
Interested in site specific training at your site that covers this topic, and more!
It was after Christmas, (12.27.19) but I got him an answer:
I will try to answer you questions. Please see below.
Based on the flash point it is a Class 3 Combustible Liquid per USDOT regulations.
A material with a flash point higher than 60 degrees C is not subject to international regulations (IATA or IMO).
Based on your information it is not a marine pollutant per USDOT regulation but is a marine pollutant per international regulations.
A combustible liquid is not subject to USDOT regulation if transported by highway or rail within the U.S. and in a non-bulk packaging (and other conditions).
A non-bulk packaging of this material is not subject to USDOT regulations within the U.S. In a bulk packaging it is a Class 3 Combustible Liquid. NA1993, combustible liquids, n.o.s. (name), 3, III may be the proper shipping description if a more specific name is not available. There may be other shipping names that are more descriptive of the HazMat.
The material is subject to international regulation as a marine pollutant unless subject to the marine pollutant exception (packaging of less than 5 L or 5 Kg).
USDOT regulations allow a non-HazMat to be classified as a marine pollutant within the U.S. if subject to international regulation as a marine pollutant.
Also:
Section 14 of the SDS is not required to be completed within the U.S.
My suggestion:
Classify as marine pollutant for all transport.
Classify as Class 3 Combustible Liquid only when in bulk packaging within the U.S. All other transport is non-HazMat.
I have had no official training, but I have been brokering Hazardous shipment(s) for approx 25 years.
I wanted to make sure that the BOL I prepared is correct.
UN 3208 Metallic Substance, Water-Reactive NOS (Magnesium, Class 4.3, PG II, Limited Quantity, F-G, S-N
Emergency Phone ###-###-####
My reply that same day:
Please see below.
Overall, the shipping description appears correct. Please see below for further guidance.
Note: Since you represent a trucking company within the U.S., I presume at least part of the transport to be by U.S. highway. Also, though not indicated in your question, I presume this consignment is to be transported by vessel according to the International Maritime Organization Dangerous Goods Code (IMDG Code). I’ll indicate how I came to this second conclusion while answering your question.
The sequence to the basic description is correct.
UN/ID number: UN3208
Proper shipping name: METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S. The proper shipping name is displayed in uppercase letters in the IMDG Code. It is acceptable to be displayed in lowercase letters.
Hazard class: Class 4.3. Class 4.3 is Dangerous When Wet. Note: Class 4.3 is how it is identified in the IMDG Code. The USDOT/PHMSA Hazardous Materials Regulations refers to it as Division 4.3.
Packing Group: PG II. PG II is the medium / moderate level of danger for a hazardous material / dangerous good.
An additional description of the hazardous material / dangerous good is required as well:
Since this is a generic proper shipping name, at least one technical name of a constituent of the hazardous material / dangerous good must be included with the shipping description. The technical name must be contained within parenthesis (brackets). You indicate “Magnesium” but do not have it contained within parenthesis.
“Limited Quantity” or “Ltd Qty” is to be included as an additional description if the hazardous material / dangerous good is to offered for transport by vessel or air subject to the limited quantity exception. Both the IMDG Code and the USDOT/PHMSA Hazardous Materials Regulations have similar requirements for packaging and hazard communication of a limited quantity. Note: A shipping paper is not required for the transport of a limited quantity by highway or rail within the U.S., but is required for transport by vessel. I therefore again presume that this consignment is to be transported by vessel per the IMDG Code.
Subject to the IMDG Code, it may be a limited quantity only if the net quantity of dangerous good in a single packaging is no more than 500 grams and if the gross package weight does not exceed 30 kg.
“F-G, S-N” are the relevant emergency schedules for FIRE and SPILLAGE in the EmS Guide for this dangerous good. It is identified in column 15 of the IMDG Code’s Dangerous Goods List. This information – along with the emergency phone indicated – can fulfill part of your responsibility as the shipper to provide emergency response information to the carrier. Note: the EmS Guide is not identified in the USDOT/PHMSA Hazardous Materials Regulations (another indication of this consignment’s transport) but may be acceptable as a source of emergency response information it requires.
You do not indicate a total quantity of hazardous materials / dangerous goods nor a number and type of packaging. I presume you are satisfied with these aspects of the shipping description.
Please contact me with any other questions or comments.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
I did not receive confirmation from my questioner but I believe my presumptions to be correct. A question then: Is it OK to prepare and offer for transport a consignment of a hazardous material / dangerous good in compliance with the IMDG Code when some of the transport is by highway within the U.S.? Answer: yes! The Hazardous Materials Regulations of USDOT/PHMSA at 49 CFR 171.23 and §171.25 allow for the transport of a hazardous material (the IMDG Code refers to it as a dangerous good) according to the international regulations of the IMDG Code within the U.S. as long as the shipper complies with the additional requirements and limitations identified in those sections.
And wow! “I have had no official training…” just knocks me out. The regulations of both USDOT/PHMSA and the IMDG Code require any person with a direct affect on the safe transport of hazardous materials / dangerous goods to receive initial training (within 90 days) with a triennial renewal (every three years).
I was doing some research when I came across your website and had a question on the requirement for a Class 9 placard on an international vessel shipment via CTU (Cargo Transport Unit, a type of freight container) on the following:
UN3480, Lithium Ion Batteries, 9, II – (21kg. net) 23 kg. Gross
UN3090, Lithium Metal Batteries, 9, ll – (14 kg. net) 34.45 kg. Gross
Lithium ion battery
Lithium metal battery
I’m familiar with 49 CFR 172.504(f)(9) for no placard required for domestic shipping. Just not clear on international shipments via vessel.
Thank you very much for your time Sir have a great day.
My reply with a partial answer the next day:
I have a partial answer for you now but can provide a more complete answer if you are able to provide more information about your shipment. Please see below.
With a few exceptions the International Maritime Organization Dangerous Goods Code (IMDG Code) requires enlarged labels (placards) to be displayed on a cargo transport unit (CTU) for any primary and subsidiary hazard of the dangerous goods contained within.
Therefore, under some circumstances this would require the display of the Class 9 placard on all four sides of the CTU.
However, special provision 188 allows for an exception from most of the IMDG Code for lithium batteries of a certain size. To determine the applicability of this regulation please provide the following:
Watt-hour (Wh) rating of lithium ion batteries
Lithium metal content (g) of lithium metal batteries.
Status
Lithium Ion Battery
(Watt-hour (Wh) Rating)
Lithium Metal Battery
(Lithium Content (g))
Battery
Cell
Battery
Cell
Subject to "smaller battery exception"
Does not exceed 100 Wh
Does not exceed 20 Wh
Does not exceed 2 g
Does not exceed 1 g
Subject to full regulation
Exceeds 100 Wh
Exceeds 20 Wh
Exceeds 2 g
Exceeds 1 g
Subject to "smaller battery exception" by highway or rail
A long while later (May 1st!) I hadn’t hear from him so I followed up:
Please let me know if my answer was satisfactory or if you require further information.
I am happy to assist you!
And he came right back:
Thank you for your response very much appreciated. The total Watt Hours exceeded the limit. So I ended up putting a UN3480 class 9 placard on thank you for your assistance.
Looking at his answer now, I’m concerned by the wording of his response, “The total Watt Hours exceeded the limit”. “…total…”? My concern is that he might have tallied up the Watt hour (Wh) rating for every lithium ion battery in the consignment. He then may have found this total then exceeded the limit – actually a threshold – between a fully-regulated lithium battery and one subject to the packaging exception identified in Special Provision 188. A lithium battery (ion or metal) below the threshold value is not subject to full regulation in the IMDG Code and does not require the display of the Class 9 Lithium Battery label on the package nor the Class 9 Miscellaneous placard on the CTU. A fully-regulated lithium battery, however, does require the display of the Class 9 Lithium Battery label on the package and the Class 9 Miscellaneous placard on the CTU. And a lot more.
Class 9 Lithium Battery label
Class 9 Miscellaneous placard
The questioner indicated he is aware of the differing regulatory requirements for the display of the Class 9 Miscellaneous placard: required for international transportation v. not required – but allowed for domestic transportation. In this situation the CTU may – or may not – display the Class 9 Miscellaneous placard when transported within the U.S., but once it is prepared for international transportation by vessel, i.e., at the dock, it must display the Class 9 Miscellaneous placard.
The regulations for the transportation of a hazardous material can be complicated. Let me help you to navigate through them. My training can give you the knowledge necessary to access the regulations and find these answers for yourself. And, of course, you can always contact me for help.
All regulations pertaining to the transport in commerce of lithium cells and batteries share a requirement that the cell or battery be packaged in a manner to prevent short circuits during transportation. Left unsaid by the regulations is how this is to be accomplished.
Methods to protect against short circuit include, but are not limited to, the following:
Pack each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of non-conductive material (e.g., a plastic bag).
Separate or pack batteries in a manner to prevent contact with other batteries, devices, or conductive materials (e.g., metal) in the packaging.
And…
Ensure exposed terminals or connectors are protected with non-conductive caps, non-conductive tape, or by other appropriate means.
It is also important the battery terminals are protected from damage.
If not impact resistant, the outer packaging must not be used as the sole means of protecting the battery terminals from damage or short-circuiting.
Batteries should be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals to produce short circuits.
Section 8 – Documentation
