OTO No.548

OTO No.	548	Classification	MHA-18
Date of Acceptance	November 29, 1996	Respective Office Receiving Complaint	Cabinet Office (Economic Planning Agency)
Responsible Ministries	Ministry of Public Management, Home Affairs, Posts and Telecommunications (Ministry of Home Affairs)	Related Laws	Fire Service Law
Complainant	Foreign firm	Exporting Countries	USA
Subject	Concerning deregulation of transportation of hazardous materials
Description of Complaint	(1) Under the Fire Services Law, tank containers imported and used for storing hazardous materials are considered "load-carrying mobile storage tanks" and a permit for installation, pre-inspection and a full inspection are all required. (2)The complainant claims that the law should be changed so that if the tanks are accompanied by documents or display stickers certifying compliance with IMDG codes of inspection accepted by all countries, these documents should be accepted and no additional permit, etc. for installation should be required, and that in Japan, the documents or stickers should merely be confirmed.
Details of Measures	The ministry replied as follows: (1) The law relating to this complaint was amended in February 1995 (for implementation in April of the same year), no longer requiring pre-inspection (water pressure testing) for tank containers transporting hazardous materials meeting IMDG code standards (or displaying an IMO sticker), and keeping safety inspections to a minimum. (2) However, given that this complaint was submitted, a study committee on standards relating to mobile storage tanks was established in FY1997, consisting of academic experts, industry representatives and fire services authorities, to study regulations pertaining to tank containers. From FY1997 to FY1998, this committee studied the current status of regulations pertaining to tank containers and investigated technical standards in Japan and abroad, and in FY1999 studied how regulations should be applied to tank containers. (3) The study concluded that it would be necessary to take measures to greatly simplify import procedures, in order to permit the smooth distribution in Japan of tank containers whose safety has been confirmed abroad and which are used internationally. In accordance with this conclusion, procedures to initiate the necessary changes to the applicable laws or regulations are scheduled to be taken. (4) Specific measures are (a) to simplify documentation required for due procedures by taking advantage of certificates and other indications that the tank containers in question meet the IMDG codes; (b) to conduct a full inspection promptly after unloading of tank containers; (c) to simplify inspection by confirming safety on the occasion of full inspection with stickers and other indications of compliance with the IMDG codes; and (d) to implement amendments required to relevant procedures within FY 2000.
Status of Processing	Processed (November7, 2000	Classification of Action	A
Remarks	A written reply was made on December 3, 1996. An additional written reply was made on January 23, 1997. An additional written reply was made on June 4, 1997. An additional reply was made on October 21, 1997. An additional reply was made on April 21, 1998. An additional written reply was made on April 4, 2000. An additional written reply was made on April 26, 2000. An additional written reply was made on July 7, 2000.