ARCHIVED — Vol. 147, No. 46 — November 16, 2013

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Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)

Statutory authority

Transportation of Dangerous Goods Act, 1992

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Transportation of Dangerous Goods Regulations (TDG Regulations) contain references to domestic and international safety standards that are out of date or have been recently updated. The lack of these updated standards in the TDG Regulations creates a need to issue many equivalency certificates which imposes an administrative burden on industry.

The following standards are either no longer current or need to be introduced in the TDG Regulations:

  • Several new standards in relation to new types of means of containment are not currently addressed in the Regulations. These stem from the United Nations’ Recommendations on the Transport of Dangerous Goods (UN Recommendations), and include UN portable tanks and UN cylinders.
  • A number of safety standards on the manufacture, selection and use of means of containment for dangerous goods have been updated by organizations such as the Canadian Standards Association (CSA) and the Canadian General Standards Board (CGSB). These safety standards are currently referenced in the TDG Regulations and the references need to be updated.
  • A safety standard for small means of containment that aligns the TDG Regulations with international and United States (U.S.) requirements; this standard needs to be introduced into the TDG Regulations.
  • The references to the United States Code of Federal Regulations (49 CFR), the UN Recommendations, the UN Manual of Tests and Criteria, the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and its Supplement also require updating to facilitate understanding on the part of the users, and simplify enforcement of the TDG Regulations.

Background

The TDG Regulations include requirements for the manufacture and use of means of containment for the handling, offering for transport and transporting dangerous goods primarily by referencing safety standards.

Transport Canada develops, in collaboration with standard-developing organizations accredited by the Standard Council of Canada (SCC), safety standards that are incorporated by reference in the TDG Regulations. The TDG Regulations also incorporate by reference international recommendations such as the UN Recommendations, the IMDG Code and the ICAO Technical Instructions. These documents must be kept up to date with advances in technology, take into account actual service experience, respond to issues brought forward by stakeholders, and be kept harmonized with requirements in the United States and other countries. These standards are developed by consensus within standards committees.

Objectives

The proposed modifications would amend the TDG Regulations so that reference is made to these new and revised safety standards and international recommendations. This amendment would also take into consideration the objectives of the Regulatory Cooperation Council to increase the reciprocity of regulatory requirements for means of containment between Canada and the United States and those of the Red Tape Initiative to reduce the administrative burden on industry.

Description

The proposed Regulations Amending the Transportation of Dangerous Goods Regulations would update the references to the safety standards, to 49 CFR, to the UN Recommendations and to the UN Manual of Tests and Criteria, the IMDG Code and the ICAO Technical Instructions and its Supplement.

This regulatory proposal would adopt five new standards for new types of means of containment and update nine standards on means of containment already in the TDG Regulations.

NEW STANDARDS
Portable tanks

CSA Standard B625-08, “Portable tanks for the transport of dangerous goods”

Referencing this CSA standard would establish requirements governing the selection, use and periodic testing of UN portable tanks in Canada within the TDG Regulations. This standard also addresses the manufacture of UN portable tanks in Canada, although there are currently no known manufacturers in Canada.

Although UN portable tanks now represent the majority of tanks in international transport, in the absence of this new standard in the TDG Regulations, UN tanks in Canada are currently permitted only on a case-by-case basis, through the issuance of an equivalency certificate. The adoption of this new standard in the TDG Regulations would reduce the administrative burden on users of UN portable tanks and retest facilities while establishing a more transparent regulatory framework governing this type of means of containment.

The requirements of CSA B625 are harmonized with the UN Recommendations.

CSA Standard B626-09, “Portable tank specification TC 44”

Referencing this new CSA standard would introduce the specification for “TC 44” portable tanks for transport of diesel fuel by road vehicle. It would provide the requirements for design and manufacture that are specific to TC 44 tanks and would make reference to the CSA B620 standard for the general requirements applicable to all highway and TC portable tank specifications under the CSA B620 standard.

The development of this standard was driven by industry requirements, particularly by hydrocarbon drillers. The design methodology prescribed for TC 44 portable tanks is applicable not only to round or oval tanks but also to square and rectangular tanks with flat sides. A square or rectangular tank shape for the transport of diesel fuel responds to a need of certain industries for space efficiency aboard road vehicles when the tanks are integrated with large motorized equipment such as oil drilling equipment.

Pressure receptacles

CSA Standard B341-09, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”

CSA Standard B342-09, “Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2”

These two new standards would establish domestic requirements for Canada in relation to UN cylinders, tubes and multiple element gas containers (MEGCs) for the transport of Class 2 gases. The UN refers to these container types collectively as “pressure receptacles.” These standards are harmonized with the UN Recommendations.

Between Canada and the United States, the issue of mutual recognition of regulatory approvals for UN pressure receptacles has been addressed. CSA B342 recognizes for use in Canada UN pressure receptacles bearing the country of approval mark “USA” applied in accordance with the 49 CFR and UN cylinders with the “CAN” country of approval mark are recognized for use in the United States.

Users of UN “CAN” or UN “USA” cylinders would therefore benefit from reciprocal recognition of regulatory approval not currently afforded to the cylinder under existing regulations. This would increase flexibility and reduce costs to users while maintaining a high degree of safety.

Small means of containment

Transport Canada publication TP14850, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9, a Transport Canada Standard”

This standard would establish requirements for the manufacture, selection and use of small means of containments for the transport of dangerous goods in Classes 3, 4, 5, 6.1, 8, and 9.

This amendment proposes to replace the CGSB 43.150 standard with the new TP14850 standard. TP14850 is harmonized with the 16th revised edition of the UN Recommendations and covers the manufacture and use of a wide variety of small means of containment for the transport of dangerous goods as well as addresses certain “special cases” that have been addressed to date through equivalency certificates. These include containers for dangerous goods transported for disposal from collection facilities serving the general public, alternative combinations packagings also known as “lab packs,” and containers used to apply tar as sealant for roads and structures. Adopting this standard into the TDG Regulations would eliminate the need to apply for and obtain an equivalency certificate for these activities, thereby reducing administrative burden.

The TP14850 standard was developed as a Transport Canada publication; as such, it is available to the public through the Transport Canada online store at no charge in electronic form, or at nominal charge as a paper document.

NEW EDITION OF CONTAINER STANDARDS ALREADY IN THE TDG REGULATIONS
Cylinder standards

(1) CSA Standard B339-08, “Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods”

(2) CSA Standard B340-08, “Selection and Use of Cylinders, Spheres, Tubes and Other Containers for the Transportation of Dangerous Goods, Class 2”

These standards together constitute the current Canadian domestic regulatory framework in relation to cylinders, spheres and tubes for the transport of gases. The 2008 editions of CSA B339 and B340 are new editions intended to replace the 2002 editions of these standards currently referenced in the TDG Regulations. These updated versions would incorporate new specifications for carbon fibre reinforced cylinders and revised specifications for specification cylinders TC-4LM used for refrigerated liquefied gases to improve its applicability for transport of refrigerated liquefied helium. Based on consultation with industry, a transition provision was considered necessary only for the case of pressure receptacles for refrigerated liquefied helium.

The 2008 edition of CSA B340 better aligns with 49 CFR in relation to the salvage containers that may be used to contain a leaking or defective cylinder for transport to a facility for remediation.

Aerosol containers

(3) CGSB Standard 43.123-2010, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”

This new edition of the standard on aerosol containers replaces the 1986 edition currently incorporated by reference in the TDG Regulations. This new edition now addresses the use of aerosol containers along with the manufacturing requirements which would allow stakeholders to refer only to the standard and not to both the standard and the TDG Regulations as it is the case presently.

It is also proposed to amend the TDG Regulations to clarify that dangerous goods classified as an aerosol must be contained in an aerosol container meeting the new standard. The new proposed text of section 5.11 would state that a person must not handle, offer for transport or transport dangerous goods that are UN1950, AEROSOLS or UN2037, GAS CARTRIDGES, unless they are contained in a means of containment that is manufactured, selected and used in accordance with CGSB-43.123-2010. It would clarify the regulatory text which in its current form could be interpreted to mean that the use of a means of containment that is compliant with CGSB-43.123-2010 is optional.

The standard incorporates new designs for aerosols along with new provisions for transport of aerosols and gas cartridges intended for disposal; its adoption would eliminate the need to obtain equivalency certificates to transport waste aerosol containers.

Highway tanks (tank trucks) and TC portable tanks

(4) CSA B620-09, “Highway tanks and TC portable tanks for the transportation of dangerous goods”

(5) CSA B621-09, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”

(6) CSA B622-09, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”

These standards together constitute the Canadian domestic regulatory framework in relation to the manufacture, selection and use of highway tanks (tank trucks) and TC portable tanks. The 2009 editions of the standards replace the 2003 versions currently incorporated by reference in the TDG Regulations.

The CSA B620-2009 standard contains several new and modified definitions that are intended to clarify the scope of application of the various requirements of the Standard such as new definitions and new specifications for highway tanks used for compressed and refrigerated liquefied gases.

The new CSA B621-2009 and CSA B622-2009 clarify periodic inspection requirements and also recognize tests done in the United States under 49 CFR. The adoption of the proposed standards would ensure reciprocity for TC highway and portable tank users from the United States who wish to use their highway tank in Canada. The 49 CFR regulations already accept equivalent TC highway tanks for use in the United States.

In CSA B621-2009, the specific requirement SR 4(a) in clause 8.4 has been modified to exclude tanks of 3 000 L or less capacity. SR 4(a) is a provision that allows most dangerous goods that are solids as well as dangerous goods that are liquids in Class 4, Packing Group (PG) III, Class 6.1 PG III, Class 8 PG III and Class 9, to be transported in non-standardized tanks that meet only general requirements and are not required to be periodically inspected and tested. Tanks of 3 000 L or less capacity are however addressed in the CAN/CGSB 43.146-2002 standard on intermediate bulk containers (IBC) that is also referenced in the TDG Regulations. With this change to the CSA B621 standard, users of tanks of 3 000 L or less capacity would be required to either use a TC standardized highway or portable tank under SR 4(b) of CSA B621, or to select an IBC authorized under CAN/CGSB 43.146-2002. Given that most users of tanks of 3 000 L capacity or less already follow the provisions in CAN/CGSB 43.146, it is expected that the cost impact of this change would be negligible.

Other proposed modifications

  • Exemption for mobile refuelling tanks — The proposed special provision 90 is intended to provide relaxation from standard CGSB-43.146 for IBCs and would allow for the continued transport of diesel in IBCs in compliance with standard ULC/ORD-C142.13 manufactured before 2003. The CGSB-43.146 includes a sunset date of 2010 after which an IBC authorized under ULC/ORD-C142.13 is no longer authorized in transport. Transport Canada recognizes the equivalent level of safety and has granted 314 equivalency certificates since 2010 to allow the transport of diesel in existing tanks manufactured before 2003. This proposed relaxation would benefit the forestry and mining industries that use these tanks for refuelling of equipment in remote areas.
  • Since the referenced versions of the IMDG Code, the ICAO Technical Instructions, the Supplement to the ICAO Technical Instructions and the UN Manual of Tests and Criteria appear in the table to section 1.3, this amendment proposes to eliminate duplication by repealing the entries in the definitions.
  • The title of section 5.11 would change to read “UN1959, AEROSOLS, and UN2037, GAS CARTRIDGES.” Gas cartridges were not previously addressed in the aerosol container standard.
  • Part 12 would include numerous consequential amendments to correctly reference the 2011–2012 version of the ICAO Technical Instructions and Supplement; these include new section numbers as well as revised packing instruction numbers and descriptions.
  • The references to CGA P-20 and ISO 2592 in the table to section 1.3 would be updated to their more recent versions.
  • The reference to ULC Standard S507 in the table to section 1.3 would be updated to the 2007 version.
  • While ULC S512 and S554 remain unchanged, this amendment proposes to update the references in the table to section 1.3 to the versions that were reaffirmed in 2007 and 2010, respectively.
  • The title of section 1.44 would be amended to clarify that this section is intended to exempt only drums containing residues of dangerous goods.
  • As subsection 5.11(6) is proposed to be repealed, amendments are required to section 1.15 and special provision 80 to remove the reference to this subsection which relates to aerosols in limited quantity.

“One-for-One” Rule

The One-for-One Rule applies to the proposed amendment and contains elements considered to be both “IN” and “OUT.”

The proposed “OUTS” (relief from need to request authorization) are equivalency certificates that would no longer be required if the proposed standards were adopted in the TDG Regulations. Presently, the industry has to apply for an equivalency certificate to manufacture or use means of containments not yet allowed under the TDG Regulations. To estimate the administrative burden associated with applying for an equivalency certificate, it was estimated that it could take up to three hours to fill out and mail one application and would take three hours as well to submit a request for a renewal every 2 years. A total of 689 equivalency certificates would no longer be required with the adoption of this proposed amendment. This portion represents an annualized “OUT” of $28,961 or a reduction in administrative burden of $203,411 over 10 years.

The proposed “IN” (new requirement to obtain authorization) is from the updated standard for aerosols and gas cartridges (CGSB 43.123-2010) which would introduce a new requirement for registration of companies to obtain an approval for the manufacturing of aerosols and gas cartridges. Based on a survey circulated to the seven companies that this new requirement would affect, it was estimated that the initial registration process could require up to 15 hours and the renewal process could take up to 3 hours to complete every five years after the initial registration. The proposed registration requirement under standard CGSB 43.123-2010 represents an annualized “IN” of $537 or a total of $3,769.

Of the seven companies that took part in the survey, three offered a range of comments regarding these calculations. The first opined that our estimates were based on statistics and forecasts that seemed reasonable; the second stated the numbers were close for initial registration, close for recertification, but low on labour rates; and the third stated that this proposed amendment would impose no great burden on the company.

The net total of the proposed amendments represents an “OUT” of $28,425 annualized average or a reduction in administrative burden of $199,642 over 10 years. This estimate is also based on a 7% discount rate and an hourly wage of $28.56.

The current proposed amendment to the TDG Regulations would not increase administrative burden on stakeholders. By aligning with international requirements, United States requirements and current practices and technology, administrative burden would be reduced.

Small business lens

The small business lens does not apply to this proposed amendment.

Consultation

The safety standards are developed within technical committees composed of members of the container manufacturing industry, user industry as well as regulatory bodies. Standards represent the consensus view of stakeholders in their development.

Extensive consultations were also held with provincial authorities, industry, carriers and enforcement personnel; they support the adoption of these standards and the proposal should be well received.

Through the Regulatory Cooperation Council, Canada and the United States are identifying regulatory requirements for which enhanced reciprocity could be achieved including specification requirements for means of containment that are reflected in the standards proposed to be incorporated by reference.

Rationale

A number of standards proposed would harmonize the TDG Regulations with the 16th edition of the UN Recommendations. Updating to the 16th edition of the UN Recommendations would be helpful to Canadian industry involved in the transportation of dangerous goods in small means of containment, particularly when consigning the goods for international transport. It would also be helpful to manufacturers of UN means of containment in Canada who may wish to export their products to other countries that follow the UN Recommendations. It would ensure that the level of small means of containment integrity demanded for Canadian domestic transport meets the minimum requirements for safety established by the international community. These new editions would reflect use and safety experience, and advances in technology and industrial practices.

The new CSA and CGSB standards address types of means of containment not currently authorized for dangerous goods transport in Canada. The adoption of new standards in the Regulations would increase the variety of means of containment available to shippers and transporters of dangerous goods in Canada. It would remove barriers to trade by authorizing certain types of means of containment already in use internationally but for which no domestic Canadian regulations now exist; it would also reduce the administrative burden and align with the objectives of the Regulatory Cooperation Council.

The proposed amendments are expected to have minimal economic impact since industry is already complying with the safety standards that are proposed to be incorporated by reference. The update of standards incorporated by reference in the TDG Regulations would benefit manufacturers of means of containment and shippers of dangerous goods worldwide. It would also impact Canadian reviewers and requalifiers as it would harmonize most Canadian technical requirements with international requirements including those of the United States.

Most of the proposed standards would benefit industry since they offer additional options for the transport of dangerous goods in Canada; this would be the case for TC and UN portable tanks, UN pressure receptacles and for the selection and use of highway tanks.

Also, restrictions for the transportation of refrigerated liquids in non-standardized means of containment would be introduced with the adoption of the revised standard for the selection and use of cylinders, spheres and tubes (CSA B340-08).

All in all, these proposed amendments would allow cutting red tape for industry that voluntarily complies with the new proposed standards and would harmonize the Canadian requirements for means of containment with the requirements of the United States and the UN Recommendations.

Implementation, enforcement and service standards

To minimize the economic impact, the revised standard for the selection and use of gases (CSA B340-08) allows for a transitional period of 30 years for companies involved in the transportation of helium. This would allow non-standardized means of containment of up to 550 L capacity and manufactured before January 2008 to be used for transportation of helium before being replaced with the standardized TC-4LM specification cylinders. This 30-year transition period would be sufficient to ensure that all existing means of containment utilized for the transportation of helium remain useable for their entire lifespan, thus ensuring no additional cost to industry.

Compliance with the Transportation of Dangerous Goods Act, 1992, and the TDG Regulations is accomplished through the existing inspection network in Canada. The network includes both federal and provincial inspection forces that inspect all modes of transport and all consignors of dangerous goods.

Contacts

Geneviève Sansoucy
Analyst
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 9th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5766
Fax: 613-993-5925
Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

Stéphane Garneau
Superintendent
Intermediate Bulk Containers and Small Means of Containment
Regulatory Affairs Branch
Transport Dangerous Goods Directorate
Department of Transport
Place de Ville, Tower C
330 Sparks Street, 9th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-991-3151
Fax: 613-993-5925
Email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 30(1) (see footnote a) of the Transportation of Dangerous Goods Act, 1992 (see footnote b), that the Governor in Council, pursuant to sections 27 (see footnote c) and 27.1 (see footnote d) of that Act, proposes to make the annexed Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 75 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be sent to Geneviève Sansoucy, Analyst, Regulatory Affairs Branch, Transport Dangerous Goods Directorate, Department of Transport, Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-5766; fax: 613-993-5925; email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca).

Ottawa, November 7, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE TRANSPORTATION OF DANGEROUS GOODS REGULATIONS (UPDATE OF STANDARDS)

AMENDMENTS

1. (1) The entry for section 1.10 in the Table of Contents of Part 1 of the Transportation of Dangerous Goods Regulations (see footnote 1) is struck out.

(2) The entry for section 1.44 in the Table of Contents of Part 1 of the Regulations is replaced by the following:

Residue of Dangerous Goods in a Drum Exemption...............  1.44

2. The portion of section 1.3.1 of the Regulations after the title is replaced by the following:

A document set out in column 2 of the table to this section is a safety standard or a safety requirement. If the document is referred to in these Regulations, it is referred to by the short form set out in column 1.

Because the short forms are set out alphabetically in each language, the corresponding item number in the French-language table is shown in parentheses under the English-language item number.

Some documents set out in the table are not referred to in these Regulations but are referred to in documents that are referred to in these Regulations.

Table

Item

Column 1

Short Form

Column 2

Safety Standard or Safety Requirement

1 (21)

ASTM Corrosion Test

ASTM G 31-72, “Standard Practice for Laboratory Immersion Corrosion Testing of Metals”, May 30, 1972, as reapproved in 1995, published by the American Society for Testing and Materials (ASTM)

2 (1)

ASTM D 1200

ASTM D 1200-94, “Standard Test Method for Viscosity by Ford Viscosity Cup”, August 15, 1994, published by the American Society for Testing and Materials (ASTM)

3 (2)

ASTM D 4359

ASTM D 4359-90, “Standard Test Method for Determining Whether a Material Is a Liquid or a Solid”, July 1990, published by the American Society for Testing and Materials (ASTM)

4 (3)

ASTM F 852

ASTM F 852-86, “Standard Specification for Portable Gasoline Containers for Consumer Use”, June 1986, published by the American Society for Testing and Materials (ASTM)

5 (4)

49 CFR

Parts 171 to 180 of Title 49 of the “Code of Federal Regulations” of the United States, 2010, but does not include Subpart B of Part 107 when that subpart is referenced in Parts 171 to 180

6 (5)

CGA P-20

“Standard for Classification of Toxic Gas Mixtures”, Fourth Edition, 2009, published by the Compressed Gas Association, Inc. (CGA)

7 (6)

CGSB-32.301

National Standard of Canada CAN/CGSB-32.301-M87, “Canola Meal”, April 1987, published by the Canadian General Standards Board (CGSB)

8 (7)

CGSB-43.123

Canadian General Standards Board, CGSB-43.123-2010, “Aerosol Containers and Gas Cartridges for Transport of Dangerous Goods”, June 2010, published by the Canadian General Standards Board (CGSB)

9 (8)

CGSB-43.125

National Standard of Canada CAN/CGSB-43.125-99, “Packaging of Infectious Substances, Diagnostic Specimens, Biological Products and Biomedical Waste for Transport”, May 1999, published by the Canadian General Standards Board (CGSB)

10 (9)

CGSB-43.126

Canadian General Standards Board, CGSB-43.126-2008, “Reconditioning, Remanufacturing and Repair of Drums for the Transportation of Dangerous Goods”, September 2008, published by the Canadian General Standards Board (CGSB)

11 (10)

CGSB-43.146

National Standard of Canada CAN/CGSB-43.146-2002, “Design, Manufacture and Use of Intermediate Bulk Containers for the Transportation of Dangerous Goods”, January 2002, published by the Canadian General Standards Board (CGSB)

12 (11)

CGSB-43.147

National Standard of Canada CAN/CGSB-43.147-2005, “Construction, Modification, Qualification, Maintenance, and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transporting of Dangerous Goods by Rail”, May 2005, as amended in July 2008, published by the Canadian General Standards Board (CGSB)

13 (12)

CGSB-43.151

National Standard of Canada CAN/CGSB-43.151-97, “Packing of Explosives (Class 1) for Transportation”, December 1997, published by the Canadian General Standards Board (CGSB)

14 (14)

CSA B339

CSA Standard B339-08, “Cylinders, spheres, and tubes for the transportation of dangerous goods”, March 2008, published by the Canadian Standards Association (CSA)

15 (15)

CSA B340

CSA Standard B340-08, “Selection and use of cylinders, spheres, tubes, and other containers for the transportation of dangerous goods, Class 2”, March 2008, published by the Canadian Standards Association (CSA)

16 (16)

CSA B341

CSA Standard B341-09, “UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods”, March 2009, published by the Canadian Standards Association (CSA)

17 (17)

CSA B342

CSA Standard B342-09, “Selection and use of UN pressure receptacles and multiple-element gas containers for the transport of dangerous goods, Class 2”, March 2009, published by the Canadian Standards Association (CSA)

18 (18)

CSA B620

CSA Standard B620-09, “Highway tanks and TC portable tanks for the transportation of dangerous goods”, January 2009, published by the Canadian Standards Association (CSA)

19 (19)

CSA B621

CSA Standard B621-09, “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”, January 2009, published by the Canadian Standards Association (CSA)

20 (20)

CSA B622

CSA Standard B622-09, “Selection and use of highway tanks, TC portable tanks, and ton containers for the transportation of dangerous goods, Class 2”, January 2009, published by the Canadian Standards Association (CSA)

21 (22)

CSA B625

CSA Standard B625-08, “Portable tanks for the transport of dangerous goods”, July 2008, published by the Canadian Standards Association (CSA)

22 (23)

CSA B626

CSA Standard B626-09, “Portable tank specification TC 44”, February 2009, published by the Canadian Standards Association (CSA)

23 (24)

ICAO Technical Instructions

“Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)

24 (13)

IMDG Code

Volumes 1 and 2 of the “International Maritime Dangerous Goods Code”, 2010 Edition, including Amendment 35-10, published by the International Maritime Organization (IMO)

25 (25)

ISO 2431

International Standard ISO 2431, “Paints and varnishes — Determination of flow time by use of flow cups”, Fourth Edition, February 15, 1993, including Technical Corrigendum 1, 1994, published by the International Organization for Standardization (ISO)

26 (26)

ISO 2592

International Standard ISO 2592:2000(E), “Determination of flash and fire points — Cleveland open cup method”, Second Edition, September 15, 2000, published by the International Organization for Standardization (ISO)

27 (27)

ISO 9328-2

International Standard ISO 9328-2, “Steel plates and strips for pressure purposes — Technical delivery conditions — Part 2: Unalloyed and low-alloyed steels with specified room temperature and elevated temperature properties”, First Edition, December 1, 1991, published by the International Organization for Standardization (ISO)

28 (28)

ISO 10156

International Standard ISO 10156, “Gases and gas mixtures — Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets”, Second Edition, February 15, 1996, published by the International Organization for Standardization (ISO)

29 (29)

ISO 10298

International Standard ISO 10298, “Determination of toxicity of a gas or gas mixture”, First Edition, December 15, 1995, published by the International Organization for Standardization (ISO)

30 (31)

Manual of Tests and Criteria

“Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria”, Fifth Revised Edition, 2009, published by the United Nations (UN)

31 (32)

MIL-D-23119G

MIL-D-23119G, “Military Specification: Drums, Fabric, Collapsible, Liquid Fuel, Cylindrical, 500-Gallon Capacity”, July 15, 1992, published by the United States Department of Defense

32 (33)

MIL-T-52983G

MIL-T-52983G, “Military Specification: Tanks, Fabric, Collapsible: 3,000, 10,000, 20,000 and 50,000 Gallon, Fuel”, May 11, 1994, published by the United States Department of Defense

33 (30)

OECD Guidelines

OECD Guidelines for Testing of Chemicals No. 404, “Acute Dermal Irritation/Corrosion”, July 17, 1992, published by the Organization for Economic Co-operation and Development (OECD)

34 (35)

Supplement to the ICAO Technical Instructions

Supplement to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, 2011-2012 Edition, published by the International Civil Aviation Organization (ICAO)

35 (36)

TP14850

Transport Canada Standard TP14850E, “Small Containers for Transport of Dangerous Goods, Classes 3, 4, 5, 6.1, 8 and, 9, a Transport Canada Standard”, 2nd Edition, October 2010, published by Transport Canada

36 (37)

ULC Standard S504

National Standard of Canada CAN/ULC-S504-02, “Standard for Dry Chemical Fire Extinguishers”, Second Edition, August 14, 2002, as amended January 2007, August 2007 and April 2009, published by Underwriters’ Laboratories of Canada

37 (38)

ULC Standard S507

National Standard of Canada CAN/ULC-S507-05, “Standard for Water Fire Extinguishers”, Fourth Edition, February 28, 2005, as amended January 2007, published by Underwriters’ Laboratories of Canada

38 (39)

ULC Standard S512

National Standard of Canada CAN/ULC-S512-M87, “Standard for Halogenated Agent Hand and Wheeled Fire Extinguishers”, April 1987, as amended March 1989, March 1990, April 1993, September 1996, September 1997 and April 1999, and reaffirmed February 2007, published by Underwriters’ Laboratories of Canada

39 (40)

ULC Standard S554

National Standard of Canada CAN/ULC-S554-05, “Standard for Water Based Agent Fire Extinguishers”, Second Edition, February 28, 2005, and reaffirmed 2010, published by Underwriters’ Laboratories of Canada

40 (34)

UN Recommendations

“Recommendations on the Transport of Dangerous Goods”, Seventeenth Revised Edition, 2011, published by the United Nations (UN)

3.The definitions “49 CFR”, “ICAO Technical Instructions”, “IMDG Code”, “Manual of Tests and Criteria”, “Supplement to the ICAO Technical Instructions” and “UN Recommendations” in section 1.4 of the Regulations are repealed.

4. The portion of section 1.9 of the Regulations after the title is replaced by the following:

A person who is required or permitted by these Regulations to comply with all or a portion of the ICAO Technical Instructions, the IMDG Code or 49 CFR may comply with the most recent version of those documents rather than the version set out in the table to section 1.3.1.

5. Section 1.10 of the Regulations is repealed.

6. (1) Subparagraph 1.15(1)(a)(i) of the Regulations is replaced by the following:

(i) dangerous goods included in Class 2, Gases, they are in one or more small means of containment in compliance with the requirements for transporting gases in Part 5, Means of Containment, except that, in the case of dangerous goods that are UN1950, AEROSOLS, the requirement for aerosol containers to be tightly packed in a wood, fibreboard or plastic box does not apply to a user or purchaser who transports no more than six aerosol containers, or

(2) The italicized text after subparagraph 1.15(1)(a)(i) of the Regulations is struck out.

7. The title of section 1.44 of the Regulations is replaced by the following:

1.44 Residue of Dangerous Goods in a Drum Exemption

8. Paragraph 1.44(b) of the Regulations is replaced by the following:

(b) the drum is being transported for the purpose of reconditioning or reuse in accordance with section 5.12 of Part 5, Means of Containment;

9. (1) The entry for section 5.11 in the Table of Contents of Part 5 of the Regulations is replaced by the following:

UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES................  5.11

(2) The entry for section 5.13 in the Table of Contents of Part 5 of the Regulations is struck out.

(3) The entry for section 5.14.1 in the Table of Contents of Part 5 of the Regulations is struck out.

(4) The Table of Contents of Part 5 of the Regulations is amended by adding the following before the entry for section 5.15:

All Classes of Dangerous Goods

10. Subparagraph 5.6(a)(iii) of the Regulations is replaced by the following:

(iii) sections 2 and 3 and Part 1 of TP14850; or

11. (1) Subsection 5.10(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 2, Gases, in a means of containment unless the means of containment is manufactured, selected and used in accordance with

  • (a) for transport by road vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iii) CSA B342,
    • (iv) CSA B622 and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (v) CSA B625;
  • (b) for transport by railway vehicle,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CGSB-43.147,
    • (iii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iv) CSA B342, or
    • (v) CSA B625;
  • (c) for transport by aircraft,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a), or
    • (iii) CSA B342; and
  • (d) for transport by ship,
    • (i) CGSB-43.123, if the gas is included in Class 2.1 or 2.2,
    • (ii) CGSB-43.147,
    • (iii) CSA B340, except clauses 4.1.1.1, 5.1.3(a)(ii) and 5.1.4(a),
    • (iv) CSA B342,
    • (v) CSA B622 and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (vi) CSA B625.

(2) The portion of subsection 5.10(2) of the Regulations before paragraph (a) is replaced by the following:

(2) In addition to complying with the requirements set out in subparagraphs (1)(a)(i), (b)(i), (c)(i) and (d)(i), a person who uses a means of containment that is a cylinder or tube to handle, offer for transport or transport dangerous goods included in Class 2, Gases, must use a cylinder or tube that was

(3) Subsections 5.10(3) and (4) of the Regulations are replaced by the following:

(3) A person must not handle, offer for transport or transport in Canada a cylinder that contains any dangerous goods listed in Table 7 of CSA B340 that are in pure form or that are part of mixtures included in Class 2.3 if the means of containment is an aluminum alloy cylinder manufactured before August 1990.

(4) An independent inspector referred to in CSA B339 who prepares a certificate of compliance and test report that is referred to in clause 4.19 of that standard must give a copy of the report to the manufacturer of the means of containment. The independent inspector and the manufacturer must each keep a copy of the report for 3 years for a means of containment that is a specification TC-39M cylinder and for 15 years for all other means of containment.

12. Section 5.11 of the Regulations is replaced by the following:

5.11 UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES

Despite section 5.10, a person must not handle, offer for transport or transport dangerous goods that are UN1950, AEROSOLS, or UN2037, GAS CARTRIDGES, unless they are contained in a means of containment that is manufactured, selected and used in accordance with CGSB-43.123.

13. (1) The italicized text after the title of section 5.12 of the Regulations is struck out.

(2) Subsection 5.12(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a small means of containment unless it is a UN standardized means of containment that is selected and used in accordance with sections 2, 3 and 12 of CGSB-43.146 or a means of containment that is selected and used in accordance with sections 2 and 3 and Part 2 of TP14850.

(3) Subsection 5.12(3) of the Regulations is repealed.

14. Section 5.13 of the Regulations is repealed.

15. Subsection 5.14(1) of the Regulations is replaced by the following:

(1) A person must not handle, offer for transport or transport dangerous goods included in Class 3, 4, 5, 6.1, 8 or 9 in a large means of containment unless it is manufactured, selected and used in accordance with

  • (a) for transport by road vehicle,
    • (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,
    • (ii) CSA B621 and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (iii) CSA B625;
  • (b) for transport by railway vehicle,
    • (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,
    • (ii) CGSB-43.147, or
    • (iii) CSA B625;
  • (c) for transport by aircraft, Part 12, Air, of these Regulations; and
  • (d) for transport by ship,
    • (i) if the means of containment is a UN standardized means of containment, the requirements of sections 2, 3, 12 and 13 of CGSB-43.146,
    • (ii) CGSB-43.147,
    • (iii) CSA B621 and, despite any indication to the contrary in CSA B620, Annex B of CSA B620, or
    • (iv) CSA B625.

16. Section 5.14.1 of the Regulations is repealed.

17. Part 5 of the Regulations is amended by adding the following before section 5.15:

All Classes of Dangerous Goods

18. Subsection 7.1(12) of the Regulations is replaced by the following:

(12) Any substance that would require an ERAP if its classification were determined in accordance with Part 2, Classification, requires an approved ERAP if its classification from the ICAO Technical Instructions, the IMDG Code or the UN Recommendations is used as permitted under section 2.2(4) of that Part.

19. Subparagraph 11.1(2)(c)(iv) of the Regulations is replaced by the following:

(iv) section 5.10, Means of Containment for Class 2, Gases, and section 5.11, UN1950, AEROSOLS, and UN2037, GAS CARTRIDGES; and

20. The entry for section 12.8 in the Table of Contents of Part 12 of the Regulations is replaced by the following:

Packing Instruction Y963.......................................................  12.8

21. The portion of section 12.3 of the Regulations after the title is replaced by the following:

Despite subsection 12.1(1), the following text replaces subsection 4.1.5 in section 4.1, Information to the pilot-in-command, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions:

“4.1.5 The information provided to the pilot-in-command must be presented on a dedicated form and not by means of air waybills, dangerous goods transport documents, invoices, etc.”

22. Subsection 12.4(2) of the Regulations is replaced by the following:

(2) Despite paragraph 1.1.2(n) of Chapter 1, Provisions for dangerous good carried by passengers or crew, of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS or UN0014, CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES SMALL ARMS, BLANK may be transported on board an aircraft by a peace officer as defined in section 3 of the “Canadian Aviation Security Regulations, 2012” or by an in-flight security officer.

23. (1) The portion of subsection 12.5(1) of the Regulations before paragraph (a) is replaced by the following:

(1) A person may handle, offer for transport or transport by aircraft within Canada explosives that are forbidden for transport in any of columns 10 to 13 of Table 3-1, Dangerous Goods List, in Chapter 2, Arrangement of the dangerous goods list (Table 3-1), of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities, of the ICAO Technical Instructions if

(2) Subparagraph 12.5(1)(a)(ii) of the Regulations is replaced by the following:

(ii) the quantity limits and the packing instructions set out in columns 10 to 13 of Table S-3-1, Supplementary Dangerous Goods List, in Chapter 2, Dangerous goods list, of Part S-3, Dangerous Goods List and Limited Quantities Exceptions, of the Supplement to the ICAO Technical Instructions, and

(3) Subparagraph 12.5(1)(c)(iv) of the Regulations is replaced by the following:

(iv) are in a means of containment that is required for them by the packing instructions set out in Chapter 3, Class 1 — Explosives, of Part S-4, Packing Instructions, of the Supplement to the ICAO Technical Instructions; and

24. (1) The title of section 12.8 of the Regulations is replaced by the following:

12.8 Packing Instruction Y963

(2) Subparagraph 12.8(1)(a)(ii) of the Regulations is replaced by the following:

(ii) the ICAO Technical Instructions, other than Chapter 2, Package markings, Chapter 3, Labelling, and Chapter 4, Documentation, of Part 5, Shipper’s Responsibilities, and paragraphs (j) and (l) of Packing Instruction Y963 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions;

(3) Paragraph 12.8(2)(b) of the Regulations is replaced by the following:

(b) for liquids, except flammable liquids in a quantity less than or equal to 120 mL, display on two opposite sides of the means of containment a package orientation label illustrated in Figure 5-26 of Chapter 3, Labelling, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions.

25. (1) Subparagraph 12.9(1)(b)(v) of the English version of the Regulations is replaced by the following:

(v) section 4.2, Information to be provided to employees, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities,

(2) Subparagraph 12.9(1)(b)(vii) of the Regulations is replaced by the following:

(vii) Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities;

(3) Subparagraph 12.9(1)(c)(iii) of the Regulations is replaced by the following:

(iii) contained in a means of containment that has displayed on it the package markings and labels required by Chapter 2, Package markings, except for section 2.4.2, and required by Chapter 3, Labelling, except for section 3.2.12, of Part 5, Shipper’s Responsibilities, of the ICAO Technical Instructions;

(4) Subsection 12.9(7) of the Regulations is replaced by the following:

(7) Dangerous goods that are UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED or ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED or VEHICLE, FLAMMABLE GAS POWERED or VEHICLE, FLAMMABLE LIQUID POWERED or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED must be handled, offered for transport or transported in accordance with the following requirements in the ICAO Technical Instructions:

  • (a) Special Provision A87 of Chapter 3, Special provisions, of Part 3, Dangerous Goods List, Special Provisions and Limited and Excepted Quantities;
  • (b) Packing Instruction 950 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
    • (i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE LIQUID POWERED,
    • (ii) UN3166, VEHICLE, FLAMMABLE LIQUID POWERED,
    • (iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED, or
    • (iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED; and
  • (c) Packing Instruction 951 of Chapter 11, Class 9 — Miscellaneous dangerous goods, of Part 4, Packing Instructions, in the case of
    • (i) UN3166, ENGINE, INTERNAL COMBUSTION, FLAMMABLE GAS POWERED,
    • (ii) UN3166, VEHICLE, FLAMMABLE GAS POWERED,
    • (iii) UN3166, VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED, or
    • (iv) UN3166, ENGINE, FUEL CELL, FLAMMABLE GAS POWERED.

(5) Clauses 12.9(11)(a)(ii)(A) and (B) of the Regulations are replaced by the following:

  • (A)  for batteries with the UN number UN2794 or UN2795, Packing Instruction 870, and
  • (B)  for batteries with the UN number UN2800, Packing Instruction 872; and

(6) Subparagraph 12.9(13)(d)(i) of the English version of the Regulations is replaced by the following:

(i)  complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions, or

26. (1) Paragraph 12.12(3)(f) of the English version of the Regulations is replaced by the following:

(f) when an in-flight emergency occurs and circumstances permit, the pilot-in-command complies with section 4.3, Information to be provided by the pilot-in-command in case of in-flight emergency, of Chapter 4, Provision of information, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions; and

(2) Subparagraph 12.12(3)(g)(ii) of the Regulations is replaced by the following:

(ii) segregates the means of containment that contain dangerous goods that could react dangerously with one another in case of an accidental release, in accordance with Table 7-1, “Segregation between packages”, of Chapter 1, Acceptance procedures, of Part 7, Operator’s Responsibilities, of the ICAO Technical Instructions.

27. Subparagraph 12.13(c)(ii) of the Regulations is replaced by the following:

(ii) the activity of the measuring instrument does not exceed the applicable exception limit set out in the column entitled “Item limits” in Table 2-15, “Activity limits for excepted packages”, of Chapter 7, Class 7 — Radioactive material, of Part 2, Classification of Dangerous Goods, of the ICAO Technical Instructions.

28. Subsection 12.14(3) of the Regulations is amended by adding “and” after paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).

29. Schedule 1 to the Regulations is amended by striking out the number “26” in column 5 for UN Number UN3244.

30. Schedule 1 to the Regulations is amended by striking out the number “81” in column 5 for UN Numbers UN1841, UN1845, UN1921, UN1931, UN2807, UN2969, UN2990, UN3072, UN3166, UN3171 and UN3245.

31. Schedule 1 to the Regulations is amended by striking out the number “83” in column 5 for UN Numbers UN1133, UN1210, UN1263 and UN1866.

32. Schedule 1 to the Regulations is amended by striking out the number “89” in column 5 for UN Number UN1999.

33. The portion of UN Number UN1202 in column 5 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number

Col. 5

Special Provisions

UN1202

82, 88, 90

34. The portion of each entry with the UN Number UN3166 in column 2 of Schedule 1 to the Regulations is replaced by the following:

Col. 1

UN Number

Col. 2

Shipping Name and Description

UN3166

ENGINE, INTERNAL COMBUSTION or VEHICLE, FLAMMABLE GAS POWERED or VEHICLE, FLAMMABLE LIQUID POWERED or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED

35. (1) Special provision 26 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 26 of Schedule 2 to the Regulations is struck out.

36. Special provision 80 of Schedule 2 to the Regulations and any italicized text are replaced by the following:

80 Despite section 1.17 of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases, a person must not offer for transport or transport these dangerous goods unless they are in a means of containment that is in compliance with section 5.11 of Part 5, Means of Containment, except that the requirement for aerosol containers to be tightly packed in a wood, fibreboard or plastic box does not apply to a user or purchaser who transports no more than six aerosol containers.

For a similar rule respecting aerosol containers, see subparagraph 1.15(1)(a)(i) of Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases.

UN1950

37. (1) Special provision 81 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 81 of Schedule 2 to the Regulations is struck out.

38. (1) Special provision 83 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 83 of Schedule 2 to the Regulations is struck out.

39. (1) Special provision 89 of Schedule 2 to the Regulations is repealed.

(2) The italicized text after special provision 89 of Schedule 2 to the Regulations is struck out.

40. Schedule 2 to the Regulations is amended by adding the following after special provision 89:

90 Despite paragraph 13.1.5(c) of CGSB-43.146, these dangerous goods may, after January 1, 2010, be handled, offered for transport or transported in a large means of containment on a road vehicle, a railway vehicle or a ship on a domestic voyage if the large means of containment

  • (a) is in compliance with the standard ULC/ORD-C142.13-1997, “Mobile Refuelling Tanks”, December 1997; and
  • (b) was manufactured before January 1, 2003.

UN1202

TRANSITIONAL PROVISION

41. A person may, for a period of six months that begins on the day on which these Regulations come into force, comply with the Transportation of Dangerous Goods Regulations as they read immediately before that day.

COMING INTO FORCE

42. These Regulations come into force on the day on which they are published in the Canada Gazette, Part Ⅱ.

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