28 Spray April 2017 Steven CharleS hunt President, ShipMate, Inc. From here to there: Topics in Transportation Understanding the Relationship between International & National Regulations Few people really understand the complex relationship between international and national governmental regulations with respect to the transport of dangerous goods. Unfamiliarity with the specific nuances in each set of the regulatory requirements could result in frustrated shipments as well as harsh civil penalties. Most assume that Title 49, Code of Federal Regulations, subchapter C applies for domestic hazardous materials moves, whereas the International Air Transport Association (IATA) Dangerous Goods Regulations and the International Maritime Dangerous Goods (IMDG) Code applies to international air and ocean shipments of dangerous goods. While this is partly true, it’s important to understand the relationship between the various sets of regulations and to apply them appropriately. 49 CFR subchapter C The requirements outlined in Title 49, Code of Federal Regulations, subchapter C are collectively referred to as the U.S. Dept. of Transportation’s (DOT) Hazardous Materials Regulations (HMR). If you import or export hazardous materials to or from the U.S., or offer to transport hazardous materials in the U.S., including its territories and possessions, you must comply with these requirements, regardless of mode of transport. These regulations were developed by the DOT’s Pipeline & Hazardous Materials Safety Administration (PHMSA), formerly referred to as the Research & Special Programs Administration (RSPA), over many years. The Hazardous Materials Transportation Act (HMTA), enacted in 1975, is the principal federal law in the U.S. regulating the transportation of hazardous materials. Its original purpose was to “protect against the risks to life, property and the environment that are inherent in the transportation of hazardous material in intrastate, interstate and foreign commerce”1 under the authority of the U.S. Secretary of Transportation. This law required the Secretary of Transportation to develop regulations that would “…improve the uniformity of existing regulations for transporting hazardous materials and to prevent spills and illegal dumping endangering the public and the environment.”2 Since then, the HMTA has been amended several times and new regulations reflecting new packaging developments, international standards and lessons learned from notable hazardous materials incidents and accidents have been incorporated into these regulations. 49 CFR subchapter C’s jurisdiction includes the 48 contiguous states, Alaska, Hawaii, Puerto Rico and all of the other archipelago that the U.S. owns, occupies or possesses. U.S. jurisdiction extends from the baseline to the 12 nautical-mile territorial sea and includes its airspace. Therefore, 49 CFR subchapter C (HMR) is the controlling document for the transport of dangerous goods by any mode of transport—to, from or within the U.S. and its sovereign territory. limitations. The authorization, and conditions and limitations for the use of international transport standards and regulations, are found in 49 CFR subchapter C, Part 171, subpart C, sections 171.22 through 171.26 inclusive. This subpart permits the use of the following international transport standards and regulations: • International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air • International Maritime Dangerous Goods (IMDG) Code • Transport Canada’s Transport of Dangerous Goods Regulations (TDGR); and the • International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material Dangerous Goods Regulations (DGR) are not listed in this subpart, nor are they incorporated by reference in 49 CFR 171.7. In fact, IATA is only mentioned once, in Section 171.8, where IATA is defined as the International Air Transport Association. Code of Federal Regulations (CFR) where IATA is referred to and that is in 49 CFR Part 1560: Secure Flight Standards. Yet, most people erroneously assume that the IATA DGR is the document that must be used in lieu of 49 CFR subchapter C when transporting dangerous goods by air. Transportation of Dangerous Goods by Air The transport of dangerous goods by air is regulated under 49 CFR subchapter C, et seq. Part 175 includes mode-specific provisions for the transport of hazardous materials by air. However, 49 CFR subchapter C authorizes the use of ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, subject to the conditions and limitations enumerated in 49 CFR §§171.22, 171.23 and 171.24. These conditions and limitations require that all shipments offered for transportation or transported in the U.S. conform to 49 CFR subchapter C’s requirements for: in cludes Use of the International Regulations DOT does permit the use of certain international regulations within its sovereign territory, but subject to certain conditions and It is interesting to note that the IATA in corporated There is only one other place in Title 49, ments Title 49, Code of Federal Regulations International Air Transport Association (IATA) Dangerous Goods Regulations
SprayApril 2017
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