Urgent Update for CNS Endorsed Cargo Agents and their Authorized Intermediary and those applying for Endorsement - July 2024

In order to have your DGI training certification accepted by CNS/IATA, you must have:

2 people from your headquarters and, 1 person at each branch office current for DG Acceptance training. 

In order to meet their requirements you must:

1. Have completed training within 3 months of applying, and
2. Complete IATA’s DG Compass Exam for Acceptance. This is an online program and they charge US $170.00 per person (as of May 2026). Once you pass that exam you should be accepted as per the CNS Handbook 2023.

If your training took place outside of the 3 month period, you must be retrained and tested in order to get a new recurrent date within the 3 month period. Once you do that, you take the IATA Compass Exam and you will be in compliance with their requirements.

In order to assist our customers, DGI has set up training and retesting online at no cost, if you have completed DGI Training Center’s IATA certification within the previous 6 months and can provide documentation that indicates you are required to retest. Once passed, your retest date will become your new recurrent training date.

DGI Retesting Rules;

1. Maximum of 2 students from headquarters, and 1 student per company branch location will be permitted to take advantage of the retesting option.

2. Student will be required complete a registration form and upload the letter from CNS providing proof that this retest is required. 

Click here to register for the retesting option.

Resources:

CNS Handbook: https://www.cnsc.net/globalassets/cnsc/cns-cargo-membership-handbook.pdf

IATA Compass Exam and Information: https://www.iata.org (search DG Compass training)

The only way we will be able to change these ridiculous requirements is through our voices. Let your thoughts be known to your associations and others in your business. Contact Brandon Fried, Executive Director Air forwarders Association. They represent you! bfried@airforwarders.org and 202.577.9536

Any questions and to sign up for testing, please contact DGI at dgitc@dgitraining.com or 800.338.2291

Please review the following for additional information.

Cargo Network Services (CNS) CNS Handbook, DG Training Requirements 2023 (latest)

For Cargo Agents and Freight Forwarders Only. This impacts 2 people at your head office and 1 person from your branch office.

Before we go over the changes, it’s helpful to remember the definitions of Should, Shall, Must and May.

IATA 1.2.3.2 In these Regulations, the words “shall” and “must” are used to indicate a mandatory requirement. The words “should” and “may” indicate a preferred requirement and are not binding.

In the 2023 CNS Handbook, DG Training is found on page 8, Item F)

DG Training for New applicants and recurrent training obligations.

• 1.Applicant shall have at least 2 employees at the head office who have completed current training for DG acceptance and processing (Functions 7.3 that corresponds to previous Cat 3 and 6).
• 2.Applicant shall have at least one employee at each branch office who has completed current training for DG acceptance and processing.
• 3.Training for DG’s should be in accordance with the IATA DG Regulations.
• 4.Training should be administered by a CBTA center, ATS or IATA training center Cat 3 or Cat 6 certificate provided by an IATA training school, in-house training delivered by internal staff member of the applicant who holds a DG Cat 6 certification and IATA instructor certification, or a member airline will be accepted if expire date is before 31^st December 2024.
• 5.In the event applicant is unable to obtain training from an IATA CBTA, ATS, or other IATA DG Accredited school, applicant may submit a current training certificate from an alternative training facility which offers DG training in accordance with IATA DG Regulations and a proof of a passing score on the IATA DG Compass taken within (3) months of completing such alternative training.
• What this means is that DGI customers may submit their DGI Training certificates for CNS applications. IATA has special wording they want to see on the certificates and we have changed all our certificates to comply. You must also complete an IATA course called Compass within 3 months of your training. (170.00 USD as of May 2026)
• More information on IATA DG Compass can be found at:
• https://www.iata.org/en/training/courses/dg-compass-initial/tcgg46/en/
• Beginning in June 2024 CNS will commence audits of CNS agents for compliance on a random and periodic basis. If it’s revealed that you are not in compliance with the DG requirements they state that they will terminate your endorsement.

We encourage you to read the entire 2023 handbook to ensure compliance.https://www.cnsc.net/globalassets/cnsc/cns-cargo-membership-handbook.pdf

• IATA provides their own “Certified” webinar training at a minimum of $2,480.00 USD per employee if you feel you need to train with them directly. They give IATA members a $250.00 discount. Remember, this is for 2 people at head office and 1 person at the branch office.

(07/19/2024 - 2)

How is this AC different?

Traditionally, FAA uses advisory circulars to provide guidance to airlines and other FAA-regulated parties. While ACs are not binding, they include strongly recommended advice to help certificated parties remain in compliance with Title 14 Code of Federal Regulations (14CFR) Aeronautics and Space regulatory requirements.

This AC is a bit different: it addresses parties that are not certificated by FAA. Here, OREs who are not certificated by FAA are encouraged to develop and utilize safety management systems (SMS) in their operations. SMS is required for domestic air carriers and mandated worldwide for all participant states and international airlines by the International Civil Aviation Organization (ICAO), the regulatory body of the United Nations.

Why SMS?

Federal regulation has firmly entrenched SMS in the aviation community, and other modes of transport are moving towards incorporating them into their regulatory requirements. While a safety management systems program takes time and resources to develop, implement, and maintain, the downline savings are potentially significant.

Some may argue that it’s difficult to quantify the savings gained from safety, however recent SMS-related failures in the aviation community have made international daily news. The cost of not properly developing, implementing, and maintaining an SMS program can not only impact your firm’s long-term profits and industry reputation, it can cost—or save—lives. When considered holistically, the benefits of a meaningful and robust SMS system contribute to a healthy financial, cultural, and operational outlook.

What does this mean for your business?

All U.S. carriers and international carriers have SMS programs of their own, and several airports and airlines recommend the use of SMS by parties doing business with them. If your company is an ORE as described above, you can develop an SMS program for approval by FAA. For many companies, adopting and implementing their own SMS program will make day-to-day interfaces with airlines and companies that work directly with airlines more efficient.

If your company chooses to develop and implement an SMS program, FAA will review your proposed program to ensure it incorporates FAA Safety Attributes prior to approval. Keep in mind that your SMS will be scaled for the size, scope, and complexity of your operation. Because each company’s operations are different, there is no one-size-fits-all template for building an SMS program. It must be tailored to your unique business.

What are the benefits of building your own SMS?

If you build your own SMS program, you’ll understand the terminology and principles from the outset. This will help you interface and communicate effectively with regulators when they visit for an inspection, saving your company time and cost. Having your own in-house program will add greater ease to your business-to-business interactions with other organizations that have adopted SMS.

By implementing an approved SMS program, your company will become eligible for the FAA Compliance Program which aims to pre-empt and/or correct underlying causes that lead to identified failures, which often entail expensive enforcement action. This program allows members to share information, including the disclosure of violations, in a non-punitive environment, such as an internal audit that reveals honest mistakes. Because this program relies on open communication and corrective actions to minimize violations, risks, and hazards, fines and cumbersome enforcement actions are often eliminated. Additionally, SMS can energize your employees by making them part of the process of developing an authentic safety culture and expanding their knowledge beyond the specific duties they perform.

[Note that, if a violation of regulations is determined to be intentional or reckless or the violation poses an unacceptable risk to health and safety, enforcement action may be taken. This rarely happens and only in extreme cases, however it is a possibility.&91;

Next steps

Interested in developing a safety management systems program and an effective safety culture in accordance with your company’s business plan? First, you’ll need to engage your employees in the process of analyzing your organization and operational structure. This process involves identifying gaps in your programs, operations, policies, controls, and procedures. The good news? Your company may already implement several SMS elements in your current structure. Once these elements are identified, you can incorporate them into the development of a full program and implementation plan as outlined in the AC.

If you need help developing an SMS program tailored to the scale and scope of your business, you might bring on an SMS aviation consultant familiar with FAA’s regulations, procedures, and culture. Off-the-shelf programs or templates typically do not meet federal, or SMS requirements and the back-and-forth of revisions can cause extended delays in acceptance and implementation of a proposed program. Partnering with a subject matter expert can help you develop a program right sized to your operation that moves seamlessly from review to acceptance to implementation.

Author: Michael Burdick served as a principal hazmat inspector and hazardous materials special agent for the FAA for over 20 years, having started his career in commercial aviation. Today, Michael works with DGI as a consultant specializing in FAA compliance issues and audits.

For more information you can contact Michael directly at aviationhazmat@gmail.com

DGI Training is a proud sponsor of the CUHMMC 2023, being held on the campus of Oregon State University in Corvallis, Oregon, August 6-11, 2023. 

Find out more or register to attend yourself at https://cuhmmc2023.org/

If you are an attendee you will want to know the term "Recurrent Training" for your game challenge! Good luck!

• “shall” and “must” are used to indicate a mandatory requirement. 
• “should” and “may” indicate a preferred requirement and are not binding.

In the 2023 CNS Handbook, DG Training is found on page 8, Item F)

DG Training for New applicants and recurrent training obligations.

1. Applicant shall have at least 2 employees at the head office who have completed current training for DG acceptance and processing (Functions 7.3 that corresponds to previous Cat 3 and 6).
2. Applicant shall have at least one employee at each branch office who has completed current training for DG acceptance and processing.
3. Training for DG’s should be in accordance with the IATA DG Regulations.
4. Training should be administered by a CBTA center, ATS or IATA training center Cat 3 or Cat 6 certificate provided by an IATA training school, in-house training delivered by internal staff member of the applicant who holds a DG Cat 6 certification and IATA instructor certification, or a member airline will be accepted if expire date is before 31st December 2024.
5. In the event applicant is unable to obtain training from an IATA CBTA, ATS, or other IATA DG Accredited school, applicant may submit a current training certificate from an alternative training facility which offers DG training in accordance with IATA DG Regulations and a proof of a passing score on the IATA DG Compass taken within (3) months of completing such alternative training.

What this means is that DGI customers may submit their DGI Training certificates for CNS applications. IATA has special wording they want to see on the certificates and we have changed all our certificates to comply. You must also complete an IATA course called Compass within 3 months of your training. (150.00 USD)

More information on IATA DG Compass can be found at:
https://www.iata.org/en/training/courses/dg-compa...

Beginning in June 2023 CNS will commence audits of CNS agents for compliance on a random and periodic basis. If it’s revealed that you are not in compliance with the DG requirements they state that they will terminate your endorsement.

We encourage you to read the entire 2023 handbook to ensure compliance:
https://www.cnsc.net/globalassets/cnsc/cns-cargo-...

IATA provides their own “Certified” webinar training at a minimum of $2480.00 USD per employee if you feel you need to train with them directly. They give IATA members a $250.00 discount. Remember, this is for 2 people at head office and 1 person at the branch office.

As many of you may know, this year IATA has eliminated so-called “Categories” and the training matrix from the 2022 DGR (move to Appendix H).In 2023, even appendix H has been removed entirely.So, there are no more IATA Category 1, 2, 3, 4, 5, 6 etc. DG training categories.The good news is that all training requirements are now “competency-based” training and assessment, and DGI has always adopted this approach so there isn’t anything you, as a shipper, forwarder, or carrier need to do differently. (US DOT has taken this approach for over 3 decades now.)

If an enforcement agency or other entity wants to review the content of the training, they can review the students’ materials (Workbook, Exercises and Exams) which has been the US DOT requirement since at least 1992.At that time, they said that the certification needs to include a reference to the location of materials used for training.

Tosee the federal rule on this, click here for 49 CFR 172.704(d).

Effective June 11, 2022, all of DGI's Online dangerous goods training programs will adopt the CBTA standard below:

1. All exams will have a passing score of 80% or better
2. All exams that contain multiple competency-elements and competency-assessments will require you to pass each competency-element with a score of 80% or better.

For example, if you have a general awareness training program that includes competency-elements of Identification, Classification, Packing, Marking and Labeling, Documentation and Handling… our new standard will require that each objective be passed with a score of 80%, and the exam as a whole passed with 80% or better.

If you do not pass all objectives (competency-elements), you will be able to retake the exam and you will only have to retake the elements you missed. So, if you didn’t pass because you scored 75% of documentation, you ONLY need to retake the Documentation part of the exam rather than having to retake the entire exam as you have in the past.

You will still have three attempts in total to pass the exam so this should make that easier to attain as you are only retested on what you missed. Furthermore, you have access to the correct answers by reviewing each exam attempt.

What is CBTA? Competency-Based Training and Assessment is the idea that:

• Students should be trained and tested (assessed) only in those areas relevant to their particularjobfunctionataskill-levelappropriatefortheirparticularjobresponsibilities.

• Students should be assessed on an ongoing basis to ensure that they are STILL competent to perform those job functions at the required skill-level/competency-level.

Question 1: Is this something new?

Answer: Not really, in the United States since1992 there has been the overarching DOT standard for Air, Ground and Ocean shipping that the employee, in addition to General Awareness, Safety and Security Training also receives “function-specific” training that is related directly to their involvement with Dangerous goods.

Question 2: IATA is advertising “Competency-Based Training Centers.” What is this and is it mandatory?

IATA (an industry trade association) is marketing several different types of service offerings related to “competency-based training” and assessment. This is a commercial investment that they are making to franchise CBTA training in some manner. We applaud any industry effort to bring global standards closer to the employer-based, needs-specific approach we’ve had in the United States.

For example, DGI Training’s company training for the last 30 years has always included a review with the employee on the questions they missed on an exam, this was not allowed under IATA. You were only allowed to know the score you attained, and it had to be at least 80%.Since all our training at dgitraining.com comports with the CBTA philosophy there is no need to make any changes other than the examination process as outlined in this FAQ.

Question 3: How is DGI’s training (and testing) different under this CBTA approach?

There are two main differences. One (as mentioned in question 2) has been in place for 30 years with our training, the other is new.

Reviewing Incorrect Answers with the Student (not just the score): We have always (and will always) let the student know the questions they got wrong, and what  the correct answer is. We provide a graded print out of the exam showing the correct answers. We believe strongly that once training is complete, the student should know everything they are required to know in order to be deemed “competent” in their job function.

In 2022 our Online Training Exams are Changing

Starting in 2022 we are changing our online examination process so that simply achieving a passing score is not enough, you must pass all learning objectives in order to be certified by us and your employer. Here’s an example:

The good news is that students will not have to retake the entire examination as they have had to do in the past – they will be retested only on the competency elements (objectives/topics) that they failed. It’s easy to see why this is important, under the old system an employee could utterly fail certain key objectives – like handling and safety and still “pass” the exam.

Question 4: Are there any plans for the US or other Governments to change their training requirements to adopt CBTA?

As mentioned in Question #1,the US has always taken this type of approach and in fact in the mid- 1990’s the international community started adopting some of the same language such as Security Awareness Training, Safety Training, General “Familiarization” training.

There is one government, the government of Canada who is formally adopting revised CBTA standards. In fact, our program developer was part of the Canadian government standards committee for over two years, along with other industry experts, helping them develop these guidelines. But in short, there’s no changes for the US or other governments planned at the moment.

Summary: The IATA trade association move to CBTA is a step in the right direction but has no bearing on your legal training requirement. Nonetheless, our training DOES comport with both the legal requirements of the competent authority and the Competency-Based Training and Assessment Philosophy in general, as outlined herein.

There’s good news and bad news about Dangerous Goods training for shipping lithium batteries. First, the good news: it can be relatively easy to learn how to ship one single kind of lithium battery, in one single configuration that never changes by one single mode of transport, in one single type of packaging, to one single destination, using one single carrier. For example, all you ship are iPads. The battery can’t be shipped lose; it’s always installed. And you only ship by one mode of transport. That training can probably be done in an hour or so. Every single package has the lithium battery handling mark on it, and that’s about it once you’ve ensured that it’s probably packaged. 

Now for the bad news. Here are ten factors that complicate lithium battery shipping for the average shipper or carrier: 

1. More than one type of lithium battery (Lithium Ion or Lithium Metal or both) 
2. More than one power level (i.e. over 20 Wh per cell or 100 Wh per battery, or less than that) for lithium ion batteries
3. More than one quantity of batteries in different types of packaging ( i.e. one box may have 2 batteries, another might have 3.)
4. More than one quantity of lithium content (i.e. over 1 g per cell or 2 g per battery, or less than that) for lithium metal batteries
5. More than one mode of transport (air/ground/ocean) 
6. By more than one carrier 
7. To more than one country 
8. In more than one configuration (i.e. sometimes loose, sometimes, packed in the same box as the equipment it powers, or sometimes installed in the equipment it powers.) 
9. Sometimes there are spare batteries. 
10. Sometimes you must return a damaged battery or ship a prototype. 

As trainers we have spent YEARS following the ever-changing rules and updating our training content. Things are simpler now than they were ten years ago, however, there are still over 50 possible shipment configurations you could experience in preparing a shipment. 

We have documented every one of these using our online Lithium Battery Wizard. There are about sixty (60) different endpoints of a shipment configuration that includes: • Package Marking or Labeling • DG Documentation • Bill of Lading Documentation 

When selecting Lithium Battery Training, shippers, carriers and intermediaries must always make certain they are receiving the correct level of training for the products they are shipping. 

DGI has been promoting the Safe Transport of Dangerous Goods Since 1991. You can count on our Lithium Battery Certification Training and Lithium Battery Wizard to keep your shipments moving safely and an time. After certification, if you still have questions, DGI Answers those for free as well! 

DGI Training Inc.

This rule is long overdue. The airline industry and the International Civil Aviation Organization have long implemented this prohibition. Lithium metal batteries UN3090 have also long been prohibited as cargo on passenger airplanes. FedEx, UPS, and other airlines have also long banned UN3480 and UN3090 as excepted packages prepared in accordance with regulations. The airlines demand these batteries be properly identified with appropriate marks, labels, and documentation.

This rule affects UN3480 and UN3090 only. It does not affect lithium batteries packed with or contained in equipment. 

This rule also requires UN3480 to be shipped at a state of charge (SOC) of not more than 30%. In addition, any shipments of small lithium batteries will be limited to one package per consignment.

You may have noticed when checking a bag at the gate, the airlines are adamant about removing any lithium batteries from luggage being stowed downstairs. The batteries continue to pose a challenge in transportation. We in the transportation community must remain vigilant to eliminate any mis-declared or undeclared shipments entering our transportation system.

Check out DGI's Lithium Battery courses

Regulations, (49CFR), (which I like to refer to as our American law), Section 172.704 says we have to have recurrent training every three years. What about the international regulations? The International Civil Aviation Organization (ICAO) says we have to have recurrent training every two years. The International Maritime Organization (IMO) who publish the International Maritime Dangerous Goods (IMDG Code), also says three years. Which guideline do we follow?

In America, we better follow and comply with 49CFR – Our American law. Section 172.704 says the hazmat employer must provide training to the hazmat employee. 172.704(c)1 says a “new” hazmat employee or a hazmat employee who changes jobs may perform these functions for 90 days prior to training so long as the employee is properly supervised by a trained and knowledgeable hazmat employee. This is not a carte blanche ticket to either delay or extend your training requirement.

There’s another book I haven’t mentioned. The International Air Transport Association (IATA). Although not a regulation, this policy & procedures manual for the airline trade association also has a training requirement. Section 1.5.0.3 says recurrent training must be provided within 24 months of previous training. It goes on to say, if recurrent training is completed within the final 3 months (90 Days) of validity of the previous training cycle, you can keep your original drop dead date. Again, this is not carte blanche excuse to extend your recurrent training beyond the two year requirement.

If you fail to receive recurrent training within the two year (air) or three year (ground & ocean) requirement, you must start over with an initial training class.

If 49CFR says recurrent training is required every three years and ICAO says every two, how come I can’t comply with our American law and go every three years? 49CFR, Section 172.704(a) lays down the law. It says a hazmat employee’s training curriculum must include four parts at a minimum;

1)General Awareness

2)Function Specific or Job Specific

3)Safety

4)Security

It’s number 2 that connects the dots between our American law and the ICAO regulations. If you’re shipping dangerous goods by air to, through, or from the Unites States, you must receive training specific and unique to air transportation. The ICAO regulations are the international gold standard when it comes to transporting dangerous goods by air. They require us to have recurrent training every two years and if we’re going to comply with 49CFR, Section 172.704(a)(2), we should be trained to that end. To the gold standard for the transportation of dangerous goods by air – ICAO – every two years.

49CFR does not prohibit us from receiving recurrent training sooner than the stated three year period.

Make sure you’re signed up for our quarterly newsletter and we’ll be sure to remind you of your two or three year anniversary.

DGI Training

A certificate of completion, or a certificate of attendance, is not the same thing, nor is it equal to being nationally or state certified. Being certified means your proficiency has been assessed by DGI Training. It is official recognition that you possess certain qualifications and meet certain standards. So at the end of the day upon successful completion of our exams we issue a certificate which says you attended and demonstrated the proficiency necessary to obtain the certificate (a piece of paper).

As you know 49CFR is our American law. In 49CFR, Section 172.704(d) – Record keeping, it lays out five requirements;

(1) The hazmat employee's name;

(2) The most recent training completion date of the hazmat employee's training;

(3) A description, copy, or the location of the training materials used to meet the requirements in paragraph (a) of this section;

(4) The name and address of the person providing the training; and

(5) Certification that the hazmat employee has been trained and tested, as required by this subpart.

It’s mambo number five that hits home. How does the employer “certify” that the employee has been properly trained and tested? DGI provides the training and the proficiency testing, but it is up to the employer to “certify” that the employee has received the appropriate training & testing. After much research and conversations with the DOT there is no definition of “certifying.” I did find a couple of letters of interpretation (PHMSA #15-0071 & #14-0216) which say, that the employer must utilize the first four requirements above to “certify” the employee has been trained and tested. The employer’s signature on a DGI certificate verifies that these requirements have been met and certifies your hazmat proficiency.

These are our requirements here in America. With DGI’s online training we have to be sure the training, testing, recordkeeping requirements, and certification meet the requirements which may be different in your part of the world. Our Canadian friends to the north, for example, must have information on their certificates which isn’t required on our certificates. The Canadian Regulations called, Transport Dangerous Goods or TDG, Part 6.3 explains that the certificates must include;

(a) the name and address of the place of business of the employer; The place of business could be a local office, a regional office or a head office.

(b) the employee's name;

(c) the date the training certificate expires, preceded by the words “Expires on” or “Date d'expiration”; and

(d) the aspects of handling, offering for transport or transporting dangerous goods for which the employee is trained, including the specific topics set out in section 6.2.

So for our Canadian friends, please make sure the name and address of your company is printed on your certificate regardless of who provides it. Wherever you are, please make sure your training needs and requirements meet the standards of your government.

Best,

DGI Training

Wow! What a show! Ever wonder what the UN symbol on our packaging represents? Yup, the United Nations. There

is a group at the United Nations called, The Committee of Experts on the Transport of Dangerous Goods. These really smart people at the United Nations establish consistency between all member countries, and develop mechanisms for the harmonization of hazard materials criteria and hazard communication tools worldwide to include transport conditions for all modes of transport Air, Ground, and Ocean. They lay down the international gold standard for the transportation of dangerous goods.

The UN publishes what’s referred to as the Orange Book (Modal Regulations) and The Manual of Tests and Criteria. These books lay down all the requirements for transporting hazardous materials, Marking, Labeling, Documentation, Packaging. If it has to do with the transportation of dangerous goods we can find it here.

A couple of other players in the game are the International Civil Aviation Organization (ICAO) who govern the transportation of dangerous goods internationally by air and The International Maritime Organization (IMO) they govern the transport of dangerous goods internationally by ocean. Both ICAO and the IMO are agents of the United Nations. Another relative newcomer to the field is the Globally Harmonized System (GHS) also an UN agent – they regulate hazardous materials in the workplace.

Okay we’re all set. Everybody around the world working with the same set of rules to transport our dangerous goods and hazardous materials (only in the United States do we call them hazardous materials). In the middle of 2015 the UN published the 19^th Revised Edition of the Modal Regulations and 6^th Revised Edition of the Manual of Tests and Criteria and the 6^th Edition of the GHS manual.

ICAO, The IMO, expeditiously incorporated the new changes into their respective regulations which were released in the fall of 2016 with compliance dates of January 1, 2017. Changes you say……

So all member countries of the UN are well aware of the impending changes. Not only are they aware, they, including the United States helped draft the new changes. Some of the significant new changes include;

• 1)Proper Shipping Names & UN Numbers for Engines
• 2)New communication requirements for Lithium Batteries
• 3)New entries for Class 4.1
• 4)New entries for Resin Kits
• 5)A slew of new Special Provisions and
• 6)Changes to Training, Marking, Labeling, and Documentation

So where does this leave us? The United States helped write these new changes right? But now we also have to incorporate these new changes into our own regulations primarily our American law, the Code of Federal Regulations, Title 49CFR which is published annually. Easier said than done. Remember your high school Government 101 class? How does a bill become law? Talk about a regulation process…..

I remember committees, both houses of congress, signed by the president, veto power, I don’t remember anything about the Federal Register. Apparently the Office of the Federal Register carries a whole lot of weight throughout the rule-making process as a bill develops into law.

The Federal Register Act was passed in 1935. It brought together the Archivist, the Government Printing Office, and the Attorney General. Since then it has morphed into the catalyst or gatekeeper of new bills as they develop legs and learn to navigate through congress.

Enter HM-215N. The same office within our American Department of Transportation, (Pipeline and Hazardous Materials Safety Administration) also known as PHMSA or “Fimsa” who helped write the new international standards at the United Nations on September 7, 2016, published a Notice of Proposed Rule Making (NPRM) HM-215N.

The NPRM is one of the first steps in our incredible rulemaking process. It gets submitted to Office of Management and Budget (OMB) for review and comment process, published in the Federal Register with the advertised comment period, and after the comment period the Final Rule is prepared based on comments received and responses to those comments. After all that the Final Rule is submitted to the Federal Register for another review and revising as necessary before being published in the Federal Register. Freeze!

This is exactly where we were on January 17, 2017 when PHMSA sent the Final Rule to the Office of the Federal Register for publication after which it would’ve be reviewed by congress and effective 30 days thereafter if congress hadn’t rescinded it. Dead in the water. On January 22, 2017, a presidential executive order was signed freezing our federal government. This included Final Rule HM-215N which was waiting to be published in the Federal Register.

Are you kidding? Our entire industry was put on notice last year concerning the significant changes to ICAO, IMDG, and NPRM HM-215N. New Labels, New Software, New Packagings, New Documentation, I can’t imagine the gazillions of dollars that have been spent preparing for these international regulation changes.

There are provisions in 49CFR, Sections 171.22 – 171.25 which authorize us to use international regulations when shipping or transporting hazardous materials to, through, or from the United States. One problem, these sections reference the outdated international regulations. So essentially the United States is stranded on an island all by ourselves. The rest of the world is operating on current up-to-date regulations and we’re operating on last year’s edition of 49CFR.

The Department of Transportation knows we’re in a quagmire. Their hands are tied. There is no written guidance for us Americans on how to proceed. Chances are your Engines, UN3528, or your Lithium Batteries with the new Mark, or any of your shipments compliant with new 2017 international regulations but not with 49CFR will be allowed to pass without violation. The stage is too grand - think about all the shipments prepared internationally coming into the United States.

Hopefully in very short order our federal government will recognize the strain, stress, and confusion, this freeze has put on the transportation industry and expedite HM-215N through the Federal Register and the rest of the rulemaking process.

DGI Training

OSHA is an agency within the Department of Labor and was established in 1971. So for 45 – 46 years they’ve been making our workplaces safer. One of their prominent tools is called the Hazard Communication Standard, 29CFR, 1910.1200. Appendix C, which lays out the requirements for the Safety Data Sheet (SDS) formally called the Material Safety Data Sheet (MSDS). This Hazcom standard requires manufacturers to classify hazards of all chemicals they produce or import, and for all employers to convey or communicate this information to their employees. Thus the SDS.

Now enter the GHS – Global Harmonization System. Which was born at the United Nations in 1992 and is just now beginning to crawl. The GHS is the international standard which governs dangerous goods in the workplace. Although born in 1992, many member countries at the United Nations have only just begun to implement these standards. One of the biggest proponents of the new GHS requirements, is you guessed it, the SDS.

Our American OSHA has implemented the new GHS standards and modified the Hazard Communication Standard – the SDS to go along with the new international standard. The SDS has been standardized internationally. It now has 16 specific sections all providing pertinent hazard information unique to that product or chemical. Keep in mind this information; this communication standard was designed to protect employees in the workplace. However, the SDS tells us how to react in the event of a spill, fire, or contamination. It tells us how to perform first aid, what to do if swallowed or inhaled. In Section 14 it even provides transportation information based on United Nation standards. Many times in Section 14 we’ll find specific transportation requirements for the International Civil Aviation Organization (ICAO), 49CFR, and the International Maritime Dangerous Goods (IMDG) Code.

If that’s not enough to compel you to use the SDS with your hazmat shipment, maybe this will. 49CFR, which I like to call our American law, Section 172.602 is a requirement for us to provide emergency response information on a document other than the shipping paper with our hazmat shipment. It requires the same information contained on a SDS: Proper Shipping Name, UN Number, hazards to health, how to react to a fire, spill, or leak, first aid measures. By using the SDS with our hazmat shipments we usually comply with our American law.

Check to make sure the SDS is current and for the correct product you are shipping. Make sure it shows all the information required by 49CFR, 172.602. What if the SDS does not have all the pertinent information required? You can also comply using the North American Emergency Response Guidebook available free online at: http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/Hazmat/ERG2016.pdf

You simply look up your UN Number or Proper Shipping which refers you to a guide page. Print that guide page and provide it with your shipment to comply with 172.602. Be sure to include the Proper Shipping Name and UN Number on the guide page.

Labels. The DOT calls them hazard warning labels. OSHA calls them pictograms. Remember these labels identify chemicals and materials hazardous in the workplace – not in transportation. Although the OSHA pictograms are eerily similar to our DOT hazard warning labels, they do not represent the definitions of the of the nine different hazard classes we have in transportation. Again, these pictograms are a requirement for manufacturers to identify and communicate hazardous materials to their employees in the workplace.

OSHA says, Appendix C.2.3.3, if the package already contains a DOT pictogram, an OSHA pictogram shall not appear. The DOT is not so generous with its reciprocity.

Bottom line - the SDS is a great tool to use when shipping dangerous goods. Make sure it has all the information required by 172.602. Make sure it’s up to date and for the product you are shipping.

DGI Training

Back in the day when I was pushing pallets and locking down LD-3 containers we got our training OJT while loading the aircraft. Many times it was building the pallets, 747’s, DC-10’s, DC-8 Combi’s, we loaded them using the training we had. That was then.

The International Civil Aviation Organization (ICAO) was established in 1944 with the Chicago Conference. As aviation and responsibilities grew annexes were added to address specific concerns. Annex 18 to the Chicago Convention was adopted in June 26, 1981 and The Technical Instructions for the Safe Transport of Dangerous Goods was born. This regulation is the gold standard when it comes to transporting dangerous goods internationally by aircraft. These regulations are adopted by United Nations member countries and incorporated into their own. For us in the United States, it’s the FAA, Federal Aviation Regulations and 49CFR.

Paralleling this same timeline was the birth and growth of the International Air Transport Association (IATA). IATA is a private organization promoting cooperation among the world's scheduled airlines. They currently handle over 95% of scheduled airline traffic.

So the key players are IATA, ICAO, and the FAA. And don’t forget we’re talking about training for the transportation of dangerous goods or hazardous materials. Word on the street is IATA training for shippers and forwarders must meet Category 6 requirements. The international standard for dangerous goods training comes from the ICAO Technical Standards for the Safe Transport of Dangerous Goods, Section 1-4. IATA copied this requirement and put it in section 1.5 in their book. IATA, Section 1.5.2.1 says, “Personnel must be trained in the requirements commensurate with their responsibilities.” The FAA also adopted this standard and put it in Federal Aviation Regulations, 121, Appendix O. You can see from the following table the only category which requires acceptance training is that for the operator and its ground handling staff (Category 6). Furthermore, our government and ICAO (International Standard) allow the operator to determine the appropriate training for its employees. “The method of delivering the training will be determined by the certificate holder. The certificate holder is responsible for providing a method (may include email, telecommunication, etc.) to answer all questions prior to testing regardless of the method of instruction.”

To be clear Category 6 training is not required for every freight forwarder, shipper, packaging company, or transporter. Category 6 training is required for the airline employees and its ground handling staff. The training provided by the airline must be the certificate holder’s approved training program.

DGI’s training encompasses all of the subject matter shown below. We can adjust, modify, or incorporate curriculum as necessary to fit your needs and requirements. DGI also offers Air Carrier Training Programs designed specifically for your job function or “Category.”

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Although dated 23Feb16, addendum 4 was released on Friday, February 26, 2016. The addendum incorporates the prohibition of lithium ion batteries UN3480 as cargo on passenger airplanes into ICAO’s Technical Instructions 2015 – 2016 Edition.

The ICAO Dangerous Goods Panel recommended in October, 2015, tougher restrictions on ion batteries but not a ban. ICAO’s Air Navigation Committee picked up on the recommendations and included the ban as cargo on passenger airplanes. The ICAO Council met last week and approved the ban. This prohibition does not apply to lithium ion batteries packed with equipment or lithium ion batteries contained in equipment. UN3480 only.

Most affected is Packing Instruction 965, Sections 1A, 1B, and Section II. The change clearly indicates the batteries are “Forbidden” as cargo on passenger air planes.

Section 1A –

• Requires cargo aircraft only label
• Class 9 label

Section 1B –

• Each package must be labeled with the lithium battery handling label,
• Class 9 hazard label, and
• the cargo aircraft only label

Section II –

• No more than one package per consignment
• No more than one package per Overpack
• Each package must be labeled with the lithium battery handling label and
• The cargo aircraft only label
• “Lithium ion batteries in compliance with Section II of PI 965” and “Cargo Aircraft Only” must be included on the airway bill

In addition to the above restrictions the council also included an addendum to the, Supplement To The Technical Instructions. A new Special Provision A331 has been added to include

• The batteries may only be shipped at no more than 30% State of Charge (SOC)
• This same requirement was included in addendum 3 to the Technical Instructions

IATA (airline trade association) has also published an addendum and guidance document based on the ICAO releases. All four documents are shown here.

http://www.costha.com/uploads/PDF/1456239504_lithium-battery-update%202016%20V4.pdf

http://www.costha.com/uploads/PDF/1456518505_DGR57-Addendum2-EN-20160226.pdf

http://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2015-2016.ADD-4.en.pdf

http://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284SUP-ADDENDUM.en.pdf

The effective date of these changes is April 1, 2016

The Death of Lithium Batteries in Transportation

On January 27, 2016, The ICAO Air Navigation Commission voted to ban lithium ion batteries as cargo on passenger airplanes. In October 2015, The ICAO Dangerous Goods Panel voted 11 – 7 for more restrictions on lithium batteries but not a complete ban as cargo on passenger airplanes. It appears the matter will be settled at the end of this month as the ICAO Council considers a solution.

The Council consists of 36 member states elected by all member states (Assembly) of ICAO. ICAO was established and authorized by the United Nations after World War II to be the governing body for the international transport of dangerous goods by air. ICAO became a Special Agency within the United Nations. Several others you may be familiar with are the IMO, WHO, IAEA, and the WMO to name a few.

The result? We have one committee within ICAO saying ban lithium batteries as cargo on passenger airplanes and one committee saying no ban. We’ll find out when the council votes by the end of this month.

The vote is really insignificant primarily because nearly every passenger airline in the United States has already banned the batteries from their aircraft. The United States (FAA), Airline Pilots Association (ALPA), and a host of others have been fighting for a ban for some time, not only for passenger aircraft but for cargo aircraft as well.

Why? Lithium Batteries are bad doo doo. They have this inherent characteristic called, thermal runaway. They blow up and catch fire all by themselves. And when they do, current fire suppression systems in the cargo compartments of all airplanes operating today can’t contain the lithium battery fires. There have been several documented cases of lithium battery fires onboard aircraft, most notably, a UPS 747 which was tragically lost in Dubai in 2010.

On January 15, 2016, ICAO issued Addendum No. 3 to the ICAO Technical Instructions. A summary of addendum no. 3 includes;

• Lithium Ion Cells and Batteries prepared in accordance with Packing Instruction 965, Section II, must be offered for transport at a State of Charge (SOC) not exceeding 30% of their rated capacity;
• Only one package prepared in accordance to this section may be offered in any single consignment;
• Only one package is permitted in an Overpack;
• Consignments of these batteries must be offered separately from non dangerous goods.

Similar restrictions have also been added to Packing Instruction 968, Section II, for lithium metal batteries, which have been banned as cargo on passenger aircraft since 2015.

These additional restrictions become effective April 1, 2016.

The aviation community has spoken. It will now be up to the battery manufacturing industry to come up with viable packaging to eliminate the significant risk posed by lithium batteries to our health, safety, or property when transported by air.

Although no specific date has been suggested, we can expect the lithium battery prohibition on passenger aircraft to coincide with the aforementioned restrictions on April 1, 2016.

DGI Training offers Lithium Battery Webinars and software (Lithium Battery Wizard) to comply with the myriad of lithium battery requirements.

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Back in the day the international standard for classifying a marine pollutant was the one percent, 10 percent rule. There were / are two types of marine pollutants; A severe marine pollutant and a marine pollutant. So back in the day and in 49CFR today, if your product contains one percent of a severe marine pollutant, it must be classified as a marine pollutant. If your product contains ten percent of a “normal” marine pollutant, it must be classified as a marine pollutant. Again that was the international standard.

By now you’ve probably heard of the Global Harmonization System, GHS. They too reside at the United Nations with the Committee of Experts on the Transport of Dangerous Goods. Around 2006 the two committees conspired to change the definition of a marine pollutant.

With the release of the IMDG Code Amendment 34-08, the new definition was published in section 2.9. It is about nine pages long with a bunch of data and test criteria. A degree in laboratory sciences is necessary to navigate the myriad of information. They talk about acute and chronic toxicity to fish and aquatic life. Then they talk about not fitting into the criteria and if that happens, then we start looking at the ingredients. Your material must be tested to prove one way or another if it meets this crazy definition of a Marine Pollutant. Unless of course we live in the United States of America.

In 49 CFR, Section 171.8, we still show the good ol’ fashion 1% - 10% rule. Therein lies the rub. All of us on this side of the pond can’t let go, while everybody else has jumped on board and now uses the test and criteria as outlined by the International Maritime Organization. To give the DOT some street cred, they have posted a link authorizing both methods.

There is some good news. As of this year, it appears, IATA, 49CFR, and the IMDG all agree on two things.

1. If a package or combination package contains a marine pollutant in quantities less than five liters or five kilos, it is not regulated. You can have 50 four liter inner packages in a single fiberboard box and it is not regulated.
2. If your product meets any of the definitions of Classes 1 through 8 and a marine pollutant, it must be transported as Class 1 through 8 as applicable. When transported by Ocean, you must include the technical name of the marine pollutant and the words, marine pollutant on the shipper’s declaration.

DGI Training

There are a lot more regulations behind the scenes. More than the general public is aware. Of course in our world we have 49 CFR (Code of Federal Regulations). There are 50 Titles to this Code of Federal Regulations. Title 49 just happens to be the one that regulates HazMat in transportation – It regulates all modes, Air, Rail, Highway, and Ocean. With the exception of the Coast Guard, the actions and policies of the others are carefully and painfully scrutinized by departments within the government appropriately called “Administrations.” FMCSA, FRA, and yes, The Federal Aviation Administration. They write regulations and how! The FAA’s baby, called, Title 14 has a whole bunch of parts. The family tree looks something like this.

Part 121 is for the big boys. Part 135 is for commuters. Part 29 is for helicopters. They even have a part for commercial space travel – Part 400. And deep within the bowels of this monstrosity lays Part 145. Certified Repair Stations. Finally, it's where the rubber meets the road. To become a member of this elite club one must go through a five phase application process. To help you through the madness the FAA provides a guideline document shown here.

Within the guidance document they describe the necessary training. Section 301 describes the specific training requirements for a repair station. It includes CFR requirements. And we know all too well 49CFR, Section 172.704.

(a) Hazmat employee training must include the following:

(1) General awareness/familiarization training.

(2) Function-specific training.

(3) Safety training.

(4) Security awareness training.

(5) In-depth security training.

Although all subjects are required, it’s the Function Specific Training that jumps out at me. I always tell people your function specific training should mirror your job description. If it doesn’t, one of them is wrong. In the FAA Guidance document above, Section 301 b.(3), says, the training shall include the requirements of the DOT, OSHA, and the EPA. They also add a note, “Do not confuse employee HAZMAT familiarization and training with the Regulatory requirement of DOT 49 CFR section 171.8 “hazmat employee/hazmat employer” training standards, which requires mandatory HAZMAT training for those personnel engaged in the shipping of hazardous materials.”

A Certified Repair Station is unique to the airline industry and to our world of shipping Dangerous Goods. A repair station routinely ships Engines, Fuel Control Units / Other Fuel components (i.e. bladders, probes, etc.), Fuel Samples (Gasoline & jet Fuel), Life Vests / Life Rafts (Life Saving Appliances), Paint, Adhesives, Aerosols, Consumer Commodities, Aircraft Batteries (Wet Acid/Alkali), Compressed Gas (Nitrogen, Oxygen, etc.) in Cylinders and other materials unique to the airline industry.

At DGI we have an App for that and all your training needs. DGI offers Function Specific Training for 14CFR, Part 145 Repair Stations and any other training necessary to ensure you’re compliant with the myriad of regulations. regardless of the mode of transport: Air, Ground, or Ocean.

In 2013, hundreds of violations totaling more than 1.8 million dollars in fines were reported. Fines are supposed to work as deterrents. A stimulant to make us do the right thing. But if you don’t know how to do the right thing – How can a fine possibly deter you, motivate you to do the right thing? There are two types of penalties, civil and criminal. Basically, the difference between the two is when you commit a violation knowingly, it is criminal. Civil penalties range in the tens of thousands, while criminal penalties range in the hundreds of thousands – plus jail time.

In today’s day and age, it’s hard to imagine there are people who have no idea hazardous materials or dangerous goods are regulated in transportation. But they’re out there, and they routinely ship these materials undeclared or mis-declared. Some of them knowingly, some of them completely oblivious.

All in all, our government and our transportation industry have done a great job enforcing the regulations and keeping potential perpetrators out of our system. However, it’s a constant battle. It’s those who don’t know what they don’t know, who present the highest risk. Our government uses penalties to motivate us to get trained, into the classroom, and to do the right thing. What about the other side of the coin? What about the benefits of training? And there are many.

Number one is of course you don’t have to worry about the government breathing down your neck, and any potential penalties would be greatly reduced because of your effort to do the right thing. More importantly however, is the positive environment within the workplace created with well trained, educated employees.

Training improves business performance, profit, staff morale and confidence. Even though there are initial upfront costs, training your staff pays dividends. Training and developing new skills challenges employees, training helps create a positive workplace environment, ultimately reducing turnover. Training or in our case, Hazmat Certification goes a long way. It attracts future employees knowing they’ll have that certification and responsibility that’s goes with the job. Cross training your employees adds flexibility and efficiency, not to mention team spirit and knowing the responsibilities of others, gives all employees a better understanding of your business and the entire operation.

In the final analysis, you can make a small investment in your company which pays incredible dividends across the board, or not, and well, you know the rest of story.

DOT website

DGI Training

I’m afraid I have to go deep here to provide a background and better understanding. Ever wonder why we have UN Spec Packaging? What does that symbol, the UN with a circle around it mean? Where does it come from? The UN stands for the United Nations. Yes that, United Nations. The one in New York City. The one that sets worldwide standards on everything from humanitarian relief to do’s and don’ts of war.

At The United Nations, there are many departments. One of them is called, The United Nations Economic and Social Council. Within the UNCED, there’s a committee, the name of the committee is, The Committee of Experts on the Transport of Dangerous Goods. They’ve been around a long time and have set today’s standards for everything when it comes to transporting dangerous goods. Even the packaging, and that is what the UN with a circle around it on your box means. It means that box has been manufactured and successfully passed the tests and criteria The Committee of Experts have been laying down for years.

Now these experts have been going at it for a long time – back to the 1950’s! They’ve had moderate success standardizing the way we ship dangerous goods in transportation, but they’ve always been just as concerned with hazardous materials in the workplace. So in 1992, GHS was born. They called it, ready? “A Globally Harmonized Classification and Compatible Labeling System, including Material Safety Data Sheets and easily understandable Symbols.” Whew! And back in 1992, they wanted it implemented by the year 2000. Better late than never – right?

So we have a transportation baby and a workplace baby – they are apples and oranges. Everything we’ve been taught about shipping hazardous materials remains the same. The GHS requirements apply to manufacturers of dangerous goods and those same dangerous goods in the workplace. It just so happens that because these babies come from the same family, there is some common DNA.

In transportation we have Hazard Warning Labels which represent the nine different Hazard Classes. In the workplace (GHS) we have what are called Pictograms. Unfortunately, these Pictograms carry the same DNA of our beloved Hazard Warning Labels but are not the same. Pictograms represent the material is regulated inside the workplace only. Hazard Warning Labels represent the material is regulated in transportation. They are not interchangeable.

What does bond these two babies together? Most prominently, is the Material Safety Data Sheet (MSDS) which is now being called, the Safety Data Sheet or SDS. In the transportation world, there is a requirement to provide a document which describes the dangerous materials with a Proper Shipping Name and UN Number and describe its dangerous properties and to describe what to do if the material doesn’t behave. Alas, the SDS, that’s exactly what it does do. So the SDS, although not specifically required by the regulations, is fast becoming a very common tool in the transport world to comply with Emergency Response Information requirements.

The GHS babies were introduced years ago and we were told they’d be crawling this year in 2015 and walking by next year 2016. DGI has a growth chart at http://dgitraining.com/ghs-training-1/

We've been coddling this baby since 2013. She is up and crawling now, and will be walking and running by the end of the year.

One baby plays inside and one baby plays outside.

DGI Training.

Motor Scooters, Motor Bikes, Motor Cycles, MoDe, Hybrid

Whatever happened to my good ol-fashioned heavy duty Schwinn I used to deliver newspapers? The one I had to pedal with all my might. You’ve probably already seen hipsters and our tech savvy subculture buzzing all about town and in and out of traffic. Through the park and right down the sidewalks. What are they? A challenge is the short answer. Governments at all levels are struggling to properly classify these machines that transport us like a bicycle but possess a power source unknown to us anti-hipsters.

The power source? A lithium battery. In all shapes and sizes. To complicate things, is it an e-bike? A power bike? Pedelec? Moped? How fast do they go? These are the challenges for governments regulating vehicles, traffic, pedestrians, and other conveyances typically found in Gotham city.

In our world, its easy. Well, almost easy. Now we throw in 49CFR, IATA, and the IMDG Code. For the most part we get away with one word – Vehicles. Unless of course we’re talking about 49 CFR. They throw in, Battery Powered Vehicles, Battery Powered Equipment and Special Provisions which tell us the difference between a vehicle and equipment (a mobility aid versus a lawnmower). And if one of our Jetson scooters has an engine other than a lithium battery, we have to use the entry, Engine internal combustion, or Vehicle, Flammable Liquid Powered, or Flammable Gas Powered. And if that’s not enough, any one of these entries send us to 49CFR, 173.220. Here we find soothing relief from the regulations when transported by ground in the United States. By air or ocean, we got a new ballgame.

By Air, we also use any one of the above entries, all of which are accompanied by a myriad of Special Provisions. Leading the list, and most important to us is Special provision A21. This Special Provision tells us what a vehicle is and when we should these “vehicle” entries. Then it says, if you have equipment, you should be using, “Lithium Batteries Contained in” or “Packed with Equipment.” UN3481 or UN3091 as appropriate. If we started with these entries we also find a myriad of Special Provisions. On this list, we find Special Provision A185 which tells us, if we’re shipping a vehicle powered only by a lithium battery, we must use the entry, UN3171, Battery – Powered Vehicle.

The IMDG Code for transport by Ocean also serves up the multiple entries in the List of Dangerous Goods. Here, in your face, in Column 17, they distinguish the difference between Battery Powered Vehicles or Equipment (UN3171) and everything else (UN3166). Coupled with the Special Provisions and starting off with SP240, it makes it clear if we have Lithium Batteries Contained In or Packed With Equipment, we should be using the entries, UN3481 or UN 3091 as appropriate.

So whatever you choose to call these futuristic teleportation machines, the regulations in our transport world do a pretty good job telling us the bicycle we knew as a kid is now called a vehicle. So when choosing your next training program be sure Battery Powered Vehicle UN3171 is included in the curriculum. I wonder how the Nimbus 2000 will fit in?

DGI Training

Swimming pool maintenance vehicles carrying chlorine and acids, air conditioning companies carrying compressed gasses, home medical supply companies, mobile welding units, veterinarians, landscaping, pest control, painters, plumbers, get the idea?

Materials of Trade is not a giant loophole which allows manufacturers, distributors, and others to ship materials from one side of the city to the other for packaging, processing, or the like. In addition, there are strict requirements to qualify for this exception starting with the classes and divisions. If your materials don’t fall into one of these classes, game over.

• Flammable Gases (Division 2.1) acetylene, propane
• Non-flammable Gases (Division 2.2) oxygen, nitrogen
• Flammable or Combustible Liquids (Class 3) paint, paint thinner, gasoline
• Flammable Solids (Division 4.1) charcoal
• Dangerous When Wet Materials (Division 4.3) some fumigants
• Oxidizers (Division 5.1) bleaching compounds
• Organic Peroxides (Division 5.2) benzoyl peroxide
• Poisons (Division 6.1) pesticides
• Some Infectious Substances (Division 6.2) diagnostic specimens
• Corrosive Materials (Class 8) muriatic acid, drain cleaners, battery acid
• Miscellaneous Hazardous Materials (Class 9) asbestos, self-inflating lifeboats
• Consumer Commodities (ORM-D) hair spray, spray paints

If you are shipping one of the above materials, there are strict limitations to the quantities you may carry. The quantities are based on Packing Groups.

• Packing Group I 0.5 Liters / Kilos
• Packing Groups II or III 30 Liters / Kilos

There are other quantity limitations for specific classes and divisions. Also, the total combined quantity on the truck may not exceed 200 kilos or 440 pounds.

Okay, I meet all of the requirements above. Does this mean I don’t need training? On the contrary, you do need training and that training should consist of;

• General Awareness
• Packaging Requirements
• Marking & Labeling Requirements
• Quantity Limitations.

The Materials of Trade Exception does provide relief from formal training and retention of those training records, Shipping Paper requirements, Placarding, and Emergency Response information.

Please keep in mind, this is a general outline of the Materials of Trade Exception. There are other requirements and restrictions, Packagings, Gasoline, Hazardous Substances, and Cylinders to name a few. To find out more and see this animal up close, our friends at the DOT give us the DNA profile in 49CFR, Section 171.8 and the full genome sequencing in Section 173.6

DGI Training

Lithium Metal non-rechargeable batteries are the ones we find in our watches, smoke detectors, defibrillators, or calculators. They can be all shapes and sizes. There are special exceptions for certain lithium metal batteries called “coin cells” or button cells. Little round devils about the size of a nickel, dime, or quarter, where the diameter is greater than the height. Lithium Ion Batteries are the rechargeable one’s we use in our cell phones, laptops, hand-held tools, and other devices.

Lithium Metal Batteries are classified and regulated based on their lithium content. How much lithium metal is actually contained in the battery? Lithium Ion Batteries are classified and regulated by the amount of watt hours they produce. The quickest and easiest way to identify the quantity (metal) or the watt hours (ion) is with a Safety Data Sheet for the battery. Just be aware that some Safety Data Sheets may contain information only on the cells and not batteries that may have been built from those cells.

For both types of batteries our government and the regulations make exceptions. These exceptions can be mind boggling as well. Let’s start with Lithium Metal Non-Rechargeable.

Lithium Content – right? Lithium Metal Batteries or cells which contain less than one gram of lithium per cell or less than two grams of lithium per battery, are considered small batteries or cells, for which there are exceptions.

Furthermore, if these “small” batteries are actually “button cells”, and they are contained in circuit boards or other equipment, they do not require any marking, labeling, documentation or any notification to the carrier. If small lithium metal batteries (not coin/button cells) are “contained in equipment” AND there are no more than four cells or two batteries in one box, they too are excepted from marking, labeling, docs, and notifying the carrier – it’s almost as if they were non-regulated. Just don’t exceed the 2 battery or 4 cell limit per package. So, 2 iphones in a box is fine – you don’t need to do anything except pack it properly. 3 iPhones in a box is another story and you’ll need to mark the package and provide some safety documentation.

Sometimes the batteries are packed with the equipment they’re intended to power, but they’re not actually installed in it. Here the noose begins to tighten a bit and we are faced with certain marking/labeling and safety documentation. Batteries shipped by themselves are always regulated (well, everything is always regulated but these items by themselves will always require marking and safety documents, even by ground transport). These batteries shipped by themselves are prohibited for transport as cargo on a passenger airplane. If your lithium battery exceeds two grams of lithium it is fully regulated.

Lithium Ion batteries are regulated by the amount of watt hours they produce. Same concept as with metal batteries. For small batteries there are exceptions. A small battery produces less than twenty watt hours per cell or less than one hundred watt hours per battery. I have not met a cell phone or laptop computer that exceeds these requirements. These batteries by themselves are regulated. These batteries “packed with” equipment are regulated. The batteries “contained in” equipment are excepted from the regulations provided there are only 2 batteries or 4 cells in one box. And just like the metal batteries, if your battery exceeds the one hundred hour watt requirement, it is fully regulated.

I made a video a couple of years ago that highlights the differences with these batteries and the degree of regulations associated with them. Check out the video!.

In addition, DGI Training is now offering a computer program to help you wade through the myriad of variables guiding you to appropriate packing instruction. There are actually 53 different shipping guides for lithium batteries depending upon the mode of transport and the configuration of the package. Let us take the guesswork out of it, check out a demo of our Lithium Battery Wizard. 

Ebola

Thomas Eric Duncan arrived in the United States from Liberia, Africa. On September 30, 2014, the Center for Disease Control confirmed Mr. Duncan tested positive for the deadly Ebola virus. It is the first time in the United States a patient has been diagnosed with the disease.

The Director for the CDC, Dr. Thomas Frieden, adamantly and publicly proclaimed, no worries – we got this. There’s no way, Ebola can spread in the United States and become an epidemic. He also went out of his way explaining the disease was hard to get. That the health care system in the United States was ready, prepared with protocols in place. And then, it happened. Two nurses who treated Mr. Duncan also contracted the disease. Wait a minute, the Director of the CDC just told us, it was hard to get this disease. Everything was in order. It can’t happen here. Fear. One of the infected nurses even traveled by airplane from Dallas to Cleveland and back, coming in contact with hundreds of people. More fear.

So how did these health care workers become infected? And if they did, what’s up with the protocol? And if the protocol didn’t work, what’s happening with the contaminated waste, materials, and belongings of Mr. Duncan and now the nurses? Is there a protocol for transporting the infected materials? Authorities in Dallas struggled to find a cleaning crew to clean and remove the infected items from Mr. Duncan’s apartment. Then once the items were removed, it became apparent there were no companies authorized to transport the Class A Medical Waste.

Every major city and every state then reviewed it’s own processes by which to transport Ebola contaminated materials. It got to the point on October 30, 2014, that the Federal Government issued a Safety Advisory Bulletin titled, Packaging and Handling Ebola Virus Contaminated Infectious Waste for Transportation to Disposal Sites. The Advisory Bulletin says, “To ensure their safe transportation, the Ebola contaminated materials must be packaged in conformity with the applicable requirements in the Hazardous Materials Regulations for Category A Infectious Substances.”

Category A Infectious Substances have been transported forever in the United States and worldwide. The regulations are stringent and practical. They work. Nobody has ever been infected from Infectious Substances while they were being transported. And there are thousands of these shipments of live viruses, some of them purposely injected into animals, every day.

Classification is clear. If the material is known or expected to contain these aliens (called pathogens) which are harmful to humans or animals, it must be classified as a Category A Infectious Substance. We also have Category B, which is called, Biological Substance which is an infectious substance but doesn’t make the “A” list. There’s also, Diagnostic Specimens, Biological Products, Genetically Modified Organisms, Medical Wastes, and Patient Specimens.

If you’re going to handle, prepare, package, complete documentation, or in any other way, ship, transport, or cause to be transported any of these unwelcomed creatures, you must be trained.

The requirements for transporting these deadly diseases are phenomenal and proven. Marking, Labeling, Packaging, and Documentation are all included in DGI’s Training curriculum and just like the DOT’s Advisory Bulletin, DGI’s Training meets all of the “applicable requirements of the Hazardous Materials Regulations for Category A Infectious Substances.” The training is available online here at www.dgitraining.com

I could go on about Governors Jindal, Christie, and LePage promulgating the fear of Ebola or Mexico denying Carnival Cruise Lines to dock in Cozumel because one of the four thousand passengers also cared for Mr. Duncan – But I won’t.

DGI Training

49CFR is written by some really smart people who work at a department within the Department of Transportation, called, Pipeline and Hazardous Materials Safety Administration or PHMSA (pronounced Fimsa) for short.

Before a law is actually entered into 49CFR, it must go through a process. First, PHMSA publishes what’s called a Notice of Proposed Rulemaking (NPRM). In the Notice of Proposed Rulemaking, PHMSA announces what their intentions are and offers the public and industry an opportunity to respond either for or against the proposed amendment within a designated amount of time called a, comment period.

After the comment period expires, based on the comments received (or not), PHMSA will either modify the proposed amendment (or not) and then publish a Final Rule. The Final Rule is law. In it, they publish a mandatory compliance date and the changes will be published in the next edition of 49CFR.

Enter one Class 9 Label. In 2011, PHMSA published a Final Rule HM-218F, requiring the horizontal line that separates the top from the bottom, on the Class 9 Label to be removed. Oh my! Really? What’s funny is 49CFR, Section 172.446(b) says the horizontal line is optional? International regulations also indicate minor variations of the Label are acceptable which do not affect the obvious meaning of the Label.

A silly little horizontal line was about to bring the transportation industry to a standstill. Industry heavy hitters took PHMSA at their word and began informing the world, packages of Dangerous Goods bearing the Class 9 Label with a horizontal line, will no longer be accepted as of October 1, 2014 – C’mon man!

So is this a case of government leading industry or industry leading government? Whatever the case, obviously, one too many tokes over a silly little line. As the October 1^st, deadline approached, all levels of industry got their feathers ruffled. And as the clock struck midnight, on September 30^th, PHMSA issued an Interpretation Letter to industry leaders explaining, the little ol line is optional.

DGI Training

You show up for work one day and your warehouse manager is waiting at your desk. Says he received a shipment with a bunch of different labels on the boxes. They look like different colored diamonds with different symbols on them. Come to find out, they represent Dangerous Goods or Hazardous Materials, as they’re called here in the United States. Say what? Are they dangerous? Am I allowed to have them in my warehouse? What are the requirements?

Fortunately, Dangerous Goods are managed at a world-wide level and there are basic standards by which, we are obliged to comply. Dangerous Goods are separated into nine different Hazard Classes – This standard is world-wide. Class 1 is Explosives, Class 2 is Gasses, Class 3 is Flammable Liquids, and so on. A simple google search will quickly identify these nine Hazard Classes as well as other domestic and international standards. Of all the other standards, Training is the most popular, critical, and rewarding.

Who needs training? There are three primary regulations that govern the transport of Dangerous Goods. They are, 49CFR, (Our American Law), The IMDG Code for transport by Ocean, and The ICAO Technical Instructions for transportation by Air. Each of these regulations contain a Training Requirement. Again, fortunately, they are standardized throughout the world. They all say, a Hazmat Employee (49CFR, Section 171.8) must receive training and that training shall include;

• A)General Awareness Training
• B)Function Specific or Job Specific Training
• C)Safety Training and
• D)Security Awareness Training

So, if you or any of your employees have anything to do with the transportation of Dangerous Goods, those persons must receive training which shall include all four subjects shown above.

Now let’s get into it. “My employees only receive the freight, they only need General Awareness Training.” Again, any person who is responsible for the safety of the Hazardous Materials while in transportation must receive training as outlined above. “My secretary sits out front and only reviews the paperwork for inbound and outbound freight.” She too is a Hazmat Employee. Her responsibilities directly affect the safety of that shipment.

“Okay, what about those employees who work in the building but have nothing to do with the trucks, warehouse, or paperwork?” The most dangerous situations occur and involve those who don’t know what they don’t know. How will your employees know they are not allowed to handle or otherwise ship Dangerous Goods if they don’t know what they are? This is where General Awareness or Recognition Training comes into play. DGI provides a short two hour webinar which explains the nine different Hazard Classes and the rules, regulations, and procedures required to transport Dangerous Goods. “My company doesn’t accept Hazardous Materials, we don’t need training.” A classic example of the need for Recognition Training. How will they know what not to accept, if we don’t show them?

If they’re hands-on (anything), paperwork, boxes, labels, marking, materials, loading, storing, they must be fully trained. The moral here is don’t skimp, don’t cheat. Don’t think you can get away with General Awareness Training for the entire crew. Everybody has different responsibilities and their training should be commensurate with their responsibilities. I suggest comparing their job responsibilities with DGI Training Center's curriculum.

Our first two sessions centered around Limited Quantities and Excepted Quantities. At this session, we’ll close the loop with, Consumer Commodity, ORM-D, Small Quantities Exceptions, Deminimis, and Materials of Trade Exceptions.

Before we get there however, please remember there is an American way (49CFR) and the rest of the world way (IMDG, ICAO, IATA, ADR, TDG, etc…). For appetizers, we’ll start with Consumer Commodity.

Consumer Commodity has dual citizenship. You’ll find it in 49CFR and ICAO and IATA. You will not find it in the IMDG. In 49CFR, they show it both ways – Domestic and International. Domestically, they call it Consumer Commodity and assign it to a Class called, ORM-D (Other Regulated Material – Domestic). This is a dying breed. The only requirement when transporting an ORM-D by Ground in the United States, is to Mark the package ORM-D, that’s it, nothing else. The catch, it’s a dying breed. The government has agreed to eliminate this Exception by the year 2020. They tried to eliminate it this year, but because of much fanfare, they extended it till 2020. That said, many carriers no longer accept it. It’s replacement? Limited Quantities by Ground – See session #1.

Now a Consumer Commodity for International Air, has an ID Number (baby UN Number) it is ID800 with a Proper Shipping Name of Consumer Commodity and it’s assigned to Class 9. IATA uses Packing Instruction 963 which lightens the load somewhat and does not require UN Specification Packaging. It is otherwise fully regulated and has to be Marked as a Limited Quantity – Session #1. You will not find Consumer Commodity in the IMDG (International Maritime Dangerous Goods) Regulations.

Next on the buffet, De Minimis. This is a relatively new entree and is available on all menus. Essentially, the portions are so tiny, they don’t even charge for them – they are not regulated so long as you maintain strict portion control.

This leaves us with Small Quantity Exceptions and Materials of Trade Exceptions. Both animals found only in the United States. Let’s start with Small Quantity Exception, 49CFR, Section 173.4. As with all of these Exceptions, not every Class or Division is authorized, there are strict limits on the quantities (30 grams or 30mL) per Inner Packagings, and strict requirements for the Packages themselves. The Small Quantity Exception is found only in America and available for Highway & Rail only.

For dessert, we have the Materials of Trade Exception. Again, this flavor is found only in America. 49CFR, Section 173.6. Available by Ground only in the United States. For me, the easiest way to understand the purpose of this Exception is look at all service industry vehicles driving around town and your neighborhood. The air conditioning company, landscapers, plumbers, welders, painters, to name a few. The purpose of the Exception is to support non-transportation companies during the operation of their businesses. As with the other Exceptions, there are limits to the Classes / Divisions authorized, Quantity Limits, and the Packagings. Otherwise, Materials of Trade don’t count calories, so long as they are transported in accordance with Section 173.6. It is not a giant loophole to which you can throw your shipments which are otherwise in transportation (being shipped).

DGI Training

During our last session we were lucky enough to get through the Limited Quantities. At this writing, we’ll focus on Excepted Quantities.

Keep in mind we’re using The IMDG Code (Transport by Ocean), IATA (Transport by Air), and 49CFR primarily used for Transport by Ground, but it is our American Law and governs all modes of transport.

None of the aforementioned regulations provide us with a definition of an Excepted Quantity. Columbia University describe them this way,

• Excepted Quantity – Certain dangerous goods, when shipped in very small quantities, and when packaged in user-tested packaging configurations, are subject to less stringent regulations. In certain cases the package may be exempt from most marking, packaging and labeling requirements of the hazard class.

Key words here being very small quantities, package, and exempt. But how do we know if we can take advantage of this Small Quantity Exception? Both The IMDG Code and The IATA Regulations have identical user friendly Tables with Codes that authorize certain quantities which are based on quantity, class, and packing group.

In the IATA Regulations, if you looked at Column F in the Blue Pages, Column 7b in the IMDG, there is a number from zero to five which correlates to the respective tables. Section 2.6 in IATA, Section 3.5 in the IMDG. A “0” indicates an Excepted Quantity shipment is not authorized. Codes E1 – E5 authorize the shipment, but limits the quantities.

In 49CFR, well that’s another story. You will not find Excepted Quantities in the Hazardous Materials Table. You will not find Excepted Quantities in Column 8a (Titled Exceptions) of the Hazardous Materials Table, Section 172.101. You will not find Excepted Quantities in any of the referenced sections in Column 8a. Instead, through osmosis or telepathy, we’re supposed to know the Excepted Quantity exception is in Section 173.4a. Upon arrival in Section 173.4a, we find the requirements are similar to IATA and the IMDG, but there’s no easy to use – easy to understand table. All the requirements are written – spelled out.

The Package consists of an Inner Packaging, an Intermediate Packaging, and an Outer Packaging. The Inner Packaging must be made of Plastic, Glass, Porcelain, Stoneware, Earthenware, or Metal. The Inner Packaging must also be leak-proof and have a secondary closures. You then put the Inner Packaging into an Intermediate Packaging which has to have enough cushioning and absorbent material to soak up the whole thing if it was to break or leak. Lastly, we place both the Inner and Intermediate Packagings into an Outer Packaging. Although the Outer Packaging does not have to be UN Approved, it does have to be drop tested and stack tested.

The package must be Marked with a label as shown here. On the Label, we are required to show the Primary Class and the Shipper or Consignee. Although a Shipper’s Declaration for Air or Ground is not required, for transport by Air, we must include on the Airway Bill, “Dangerous Goods in Excepted Quantities” and include the number of packages. For transport by Ocean, a Shipper’s Dec is required J with the same description, “Dangerous Goods in Excepted Quantities.”

DGI Training

http://dgitraining.com/webinar-excepted-lithium-batteries-49cfr-iata-imdg-mar-26-2014/

Both are great ways to keep up with importation info and regulatory information. 

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Consumer Commodity, ORM-D, Limited Quantity, (LTD QTY), Excepted Quantity, Small Quantity Exception, Deminimis, and Materials of Trade

Wow! We’re looking at six possible exceptions from four different regulations; IATA, 49CFR, IMDG, and ICAO. How can there be so many exceptions based on quantity?

Let’s start with Limited Quantity because we can find it in all of the regulations. But just because it’s shown in all of the regulations doesn’t mean the requirements are the same – They’re not. 49CFR (Code of Federal Regulations), Hazardous Materials Table, Section 172.101, Column 8a is Titled, Exceptions. Here you’ll find a three digit number or the word – “none.” If the latter is shown, Game Over - your material may not be shipped as a Limited Quantity. If there’s a three digit number, this indicates, you must go to Section 173 followed by the three digit number. Section 173.150 for Class 3, Flammable Liquids for example. Section 173.151, for Class 4 Flammable Solids, 173.152, for Class 5, Oxidizers, 173.153, Class 6, Poisons, 173.154, Class 8, Corrosives, etc., etc.

When you finally get to one of these sections, you are greeted with three paragraphs. The first paragraph says, you’re not supposed to be there unless column 8a says you can be there. The second paragraph says, you may ship these materials in Limited Quantities but only in certain Packing Groups, and only in certain quantities based on those Packing Groups. The third paragraph talks about Consumer Commodities - which is another session.

The other regulations are a bit more user friendly. IATA, Section 2.7.2.1 and ICAO, Section 4.1, just come right out and tell us which Classes and Packing Groups of Dangerous Goods may be shipped as Limited Quantities. They also tell us the maximum net quantity which may shipped as a LTD QTY right in the List of Dangerous Goods. The IMDG also tells us right in The List of Dangerous Goods which materials are authorized to be shipped as Limited Quantities. They also provide guidelines in Section 3.4.

Okay, we now know we can ship these things called Limited Quantities – But how do we do that? For the most part we need a good box and a Mark which usually comes in the form of a Label. The game changer with a Limited Quantity is the box. UN Specification Packaging is not required but the box still has to be tested to some degree. The Mark as shown comes in two flavors. Both flavors are accepted by Ground or Ocean – But by Air, we must use the Y Mark which harmonizes with their Y Packing Instructions.

Lastly, we have the paperwork - at least for Air and Ocean. A Shipper’s Declaration for Dangerous Goods is not required for Limited Quantities when being transported by Ground in The United States.

Okay lastly, (I mean it this time), There’s nothing in any of the Reg’s that say, If you’re shipping LTD QTY’s, you’re excepted from training – It’s not there – Training is required!

A little too much for me at one setting. We’ll tackle the other exceptions in another session.

Check out her bio: https://dgitraining.com/pages/sandra-harding.html

We will be in ATLANTA April 23-24!

Initial: http://dgitraining.com/atlanta-iata-air-shipping-initial-apr-23-24-2014/

Recurrent: http://dgitraining.com/atlanta-iata-air-shipping-recurrent-apr-22-2014/