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year the new Edition comes into force, compliance with its regulations is mandatory and the previous Edition is obsolete.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.

View this infographic to see how the IMDG Code amendment cycle works in a normal year

2020 was not a normal year.

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.

Got it?

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.

Question (May 02, 2018):

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.

Question received March 26, 2018:

Mr Stoehr,

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

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:

A person who offers a hazardous material (HazMat) for transport to, from, or through the U.S. must comply with the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).  If a person offers for transport a dangerous good (dangerous good is the term used by international regulations to refer to what we in the U.S. call a hazardous material) for transport by vessel in international waters that person must also comply with the International Maritime Organization (IMO) and its Dangerous Goods Code (IMDG Code).

The challenge for a shipper is knowing when to comply with the HMR and when compliance with the IMDG Code is required.  To summarize the requirements: a shipper may comply with the IMDG Code – even for transport within the U.S. if all requirements of the IMDG Code are met and the shipper complies with 49 CFR 171.22 and §171.25.

The purpose of this article is to explain the general provisions for use of cargo transport units (CTUs) to transport dangerous goods by vessel in compliance with Chapter 7.3.2 of the IMDG Code.

Before we begin…

This article is based on the 2018 edition of the IMDG Code containing amendments 39-18.  This edition alone must be used to determine compliance in 2020 but is optional for use in 2019.  The 2016 edition, which includes amendments 38-16, is also optional for use in 2019. It alone was mandatory in 2018.  Confused?  Read:  The IMDG Code Amendment Cycle.

For the purposes of this article it doesn’t matter which edition is used. The effective regulations are unchanged between the two.

Scope:

The regulations of Chapter 7.3 of the IMDG Code apply to those persons responsible for the loading of the CTU.  This may be the shipper, a freight-forwarder, the motor carrier responsible for highway transport, or shore-based personnel at the port of departure; it does not have to be the person identified as the shipper on the Dangerous Goods Transport Document.

A cargo transport unit is defined at 1.2.1 of the IMDG Code.

Cargo transport unit means a road transport tank or freight vehicle, a railway transport tank or freight wagon, a multimodal freight container or portable tank, or an MEGC.

For the purposes of this article think of a CTU as a big metal box used to contain packagings of dangerous goods.

General Provisions for Cargo Transport Units:

By their very nature “General Provisions” don’t get into specifics – that’s saved for later.

• CTU must be “strong enough to withstand the shocks and loadings normally encountered during transport”.  This requires a knowledge of the conditions to be expected during the anticipated journey.
• CTU must be constructed so as to prevent the loss of the contents.
• Where appropriate, CTU must have devices that will assist in the securing and handling of the dangerous goods it contains.  In other words, whatever devices are necessary to secure the dangerous goods within the CTU must be available.
• CTU must be adequately maintained.
• If the CTU is a “container” per the International Convention for Safe Containers (CSC) 1972, then the applicable provisions of the CSC must be followed.  However, the CSC does not apply to offshore containers handled in open seas.  Those must meet requirements established by the competent authority (USDOT/PHMSA in the U.S.) An offshore container designed to be handled in open seas shall be clearly marked: “OFFSHORE CONTAINER” on the safety approval plate.

Conclusion:

Pretty simple and pretty vague.  Remember, compliance with chapter 7.3.2 is the responsibility of the person(s) who load the cargo transport unit with dangerous goods to be transported by vessel. If this is you, make certain all personnel are knowledgeable not only of these regulations but all of the IMDG Code applicable to their job – which includes training.

In my next article I’ll address the Packing of Cargo Transport Units

A person who offers a hazardous material (HazMat) for transport to, from, or through the U.S. must comply with the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).  If a person offers for transport a dangerous good (dangerous good is the term used by international regulations to refer to what we in the U.S. call a hazardous material) for transport by vessel in international waters that person must also comply with the International Maritime Organization (IMO) and its Dangerous Goods Code (IMDG Code).

The challenge for a shipper is knowing when to comply with the HMR and when compliance with the IMDG Code is required.  To summarize the requirements: a shipper may comply with the IMDG Code – even for transport within the U.S. if all requirements of the IMDG Code are met and the shipper complies with 49 CFR 171.22 and §171.25.

The purpose of this article is to explain the requirements for the loading of cargo transport units (CTUs) for transport by vessel in compliance with Chapter 7.3.3 of the IMDG Code.

Before we begin…

This article is based on the 2018 edition of the IMDG Code containing amendments 39-18.  This edition alone must be used to determine compliance in 2020 but is optional for use in 2019.  The 2016 edition, which includes amendments 38-16, is also optional for use in 2019. It alone was mandatory in 2018.  Confused?  Read:  The IMDG Code Amendment Cycle.

For the purposes of this article it doesn’t matter which edition is used. The effective regulations are unchanged between the two.

Scope:

The regulations of Chapter 7.3 of the IMDG Code apply to those persons responsible for the loading of the CTU.  This may be the shipper, a freight-forwarder, the motor carrier responsible for highway transport, or shore-based personnel at the port of departure; it does not have to be the person identified as the shipper on the Dangerous Goods Transport Document.

A cargo transport unit is defined at 1.2.1 of the IMDG Code.

Cargo transport unit means a road transport tank or freight vehicle, a railway transport tank or freight wagon, a multimodal freight container or portable tank, or an MEGC.

For the purposes of this article think of a CTU as a big metal box used to contain packagings of dangerous goods.

The general provisions for cargo transport units were addressed in an earlier article

Packing of Cargo Transport Units:

• CTU must be checked prior to use to ensure it is fit for intended purpose.
• Interior and exterior of CTU must be inspected prior to loading to ensure their is no damage that could affect its integrity or that of the packages it is to contain.
• Condition of packages.
  • Packages must be examined before loading.  Packages shall not be loaded in CTU if found to be damaged, leaking, or sifting.
  • Excessive water, snow, ice or foreign matter adhering to packages must be removed before packing into CTU.
  • If handling provision “keep as dry as reasonably practicable” (H1) is assigned in column 16a of the Dangerous Goods List for a dangerous good to be loaded in a CTU, then the CTU must be kept as dry as reasonably practicable.
• Drums of dangerous goods loaded in a CTU must always be stowed in an upright postion unless otherwise authorized by the competent authority (USDOT/PHMSA in U.S.).
• More on packages.
  • CTU must be loaded in compliance with 7.3.4 Segregation provisions within cargo transport units.  Incompatible dangerous goods – or other non-dangerous goods must be segregated.
  • Specific loading instructions such as: orientation arrows, not to be double stacked, keep dry or temperature control requirements shall be met.
  • Liquid dangerous goods must be loaded below dry dangerous goods whenever possible.
• Securing and restraining packages within CTUs.
  • Packaged dangerous goods and unpackaged dangerous articles must be secured within the CTU to prevent any movement during transport that would change their orientation or cause them to be damaged.
  • Methods of restraint may include: fastening straps, sliding slatboards, adjustable brackets, and filling any voids by the use of dunnage or by blocking and bracing.
  • If dangerous goods are transported in the CTU with other goods (e.g., heavy machinery or crates), all goods must be secured to prevent the release of dangerous goods.
  • If restraints such as banding or straps are used they must not be over-tightened to cause damage or deformation of the package or the securing points (such as D-rings) within the CTU.
  • Packages must be packed to minimize the likelihood of damage to fittings during transport.  Fittings on packages must be adequately protected.
  • If restraints such as banding or straps with integral container fittings are used, packer must use care to ensure the Maximum Securing Load (MSL) of the fittings is not exceeded.

• Stacking of packages.
  • Packages must not be stacked unless designed for stacking.
  • Exercise caution when stacking packages of different stacking designs.
  • Load bearing devices must be used to prevent a stacked package from damaging the package below.
• Cargo shall be entirely contained within the CTU without overhang or projections.  However, oversized machinery (e.g., tractors and vehicles) may overhang or project outside of the CTU if the dangerous goods within the machinery cannot leak or spill outside of the CTU.
• Care must be taken during preparation for transport and loading of packages to prevent damage. Damaged or leaking packages shall not be transported.
• If dangerous and non-dangerous goods are packed in the same CTU, dangerous goods should, whenever possible, be packed near the doors with marks and labels visible.
• If the doors of a CTU are locked it shall be possible to open them without delay in an emergency.
• When venting of the CTU is required venting devices shall be kept clear and operable.
• CTUs containing any amount of a dangerous good shall be marked and placarded per chapter 5.3 of the IMDG Code.
• Irrelevant marks, labels, placards, orange panels, signs and marine pollutant marks shall be removed, masked or removed before packing a CTU.
• CTU shall be packed so that cargo (includes non-dangerous goods) is uniformly distributed consistent with the CTU Code.
• If the CTU is packed with Class 1 Explosives, it must be “closed” as defined at 7.1.2 of the IMDG Code.
• If the CTU is packed with Class 7 Radioactive, the transport index and, if applicable, the criticality safety index, shall be limited according to 7.1.4.5.3 of the IMDG Code.
• The person(s) responsible for packing dangerous goods in a CTU shall provide a “container/vehicle packing certificate” per 5.4.2 of the IMDG Code. This document is not required for tanks.
• Flexible bulk containers are not allowed to be transported in CTUs per 4.3.4 of the IMDG Code.

Conclusion:

Sometimes the regulations defy any attempts at summation and simplification and I wind up listing them almost verbatim; that is the case here. Remember, compliance with chapter 7.3.3 is the responsibility of the person(s) who load the cargo transport unit with dangerous goods to be transported by vessel. If this is you, make certain all persons receive initial and triennial training as required by the USDOT/PHMSA and the IMDG Code.