New regulations generate new questions

By John V Currie -- Logistics Management, 1/1/1999

In my November column, I mentioned some of the regulatory amendments that take effect Jan. 1, 1999. Since then, the new editions of the modal codes have been distributed. Shippers are analyzing the impact of these changes on their distribution operations, and the phones are ringing!

Many of their questions relate to certain amendments to the Dangerous Goods Regulations for air transportation. Some shippers are confused by the new proper shipping names "Aviation regulated liquid, n.o.s., UN 3334" and "Aviation regulated solid, n.o.s., UN 3335," and by the classification criteria for these substances. These substances are defined as any material that does not meet the definition of any other hazard class and that "has narcotic, noxious, irritating, or other properties, such that in the event of spillage or leakage on an aircraft, extreme annoyance or discomfort could be caused to crew members so as to prevent the correct performance of assigned duties."

Shippers working in the flavors and fragrance industries especially may find themselves affected by those new descriptions. For example, some of the new concentrated plant extracts used for flavoring foods, such as horseradish, garlic, or mustard derivatives, are so powerful that a mere whiff of the vapors may cause difficulty in breathing, convulsing of the stomach, or extreme tearing of the eyes. Though these items might not be flammable or corrosive, a spill aboard an aircraft certainly could render the crew unable to function as required.

Because there are no established threshold limits for measuring the noxious properties, it's the shipper's responsibility to determine which of these products should be regulated. In most cases, responsible product stewardship based on the shipper's knowledge and experience will be the best guide.

Numerous questions have focused on the note following section 5.0.2.4, which recommends that steel or aluminum drums and jerricans be overpacked, palletized, or otherwise protected from damage to the chime or bottom head in transport aboard narrow-body aircraft. That has given rise to the following question: "How can I know if the carrier will be using a narrow-body aircraft? Since I don't know, am I expected to overpack, palletize, or otherwise protect every single shipment when offered in such drums and jerricans?" Perhaps the best response to that question is, "If you don't do that, you might not be charged by the enforcement authorities but you may be subject to additional civil liability in the event of damage to your unprotected cargo!" This provision is somewhat controversial; some people question whether it is necessary at all, since such single packagings should be able to perform safely in all modes under normal conditions of transportation, regardless of the vehicle's or aircraft's configuration.

Shippers of snowmobiles, motorcycles, or other vehicles that previously described them with the shipping name "Engines, internal combustion" may need to amend their shipping description to comply with new special provision A121. But those that ship equipment such as cement mixers, generators, lawnmowers, and chain saws, which are not defined as vehicles but are equipped with engines, will continue to use the previously authorized description.

I urge shippers and carriers to review the new codes immediately and assess all amendments that may affect their business operations. It is better by far to adopt the new standards, as well as conduct any resultant employee training, than to wait until you have been notified of a violation by an enforcement agency.

John V. Currie has taught hundreds of college courses, industry training programs, and public seminars on hazardous-materials transportation management and regulatory compliance. His firm, Currie Associates Inc., provides safety and compliance audits, consulting services, customized training manuals, and public and in-house seminars. He may be contacted at 1118 Bay Road, Lake George, NY 12845. Phone: (518) 761-0668. Fax: (518) 792-7781. E-mail: currie@netheaven.com.