Office of Motor Carrier Safety — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration • MAR .. / 2000 Mr. Robert J. Brown, Jr. Hazardous Materials Specialist Ref. No: 00-0053 Office of Motor Carrier Safety 201 Mission Street, Suite 2100 San Francisco, CA 94105 Dear Mr. Brown: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether a shipment intended for international transportation qualifies for domestic exceptions from the HMR. In addition, you asked whether a shipment being prepared for transportation by highway in Mexico for delivery to the US may take advantage of the exceptions in the HMR prior to entering the US. A shipment being prepared for transportation by highway in the US for delivery to a foreign destination placarding. This is true regardless of the destination. However, when preparing a shipment of may take advantage of any domestic exceptions including domestic proper shipping names and hazardous materials in a foreign country, it must comply with that country's regulations. A shipment qualifies for the exceptions from the HMR only after entering the US. I hope this information is helpful. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 000053 173.22#

Page 2U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF MOTOR CARRIER SAFETY WESTERN RESOURCE CENTER Lavalle 201 Mission Street, Suite 2100 San Francisco, CA 94105 $173.22 IN REPLY REFER TO WRC-HMS 00-0053 Research and Special Programs Administration 400 7th Street, S.W. Office of Hazardous Materials : Standards DHM-10 Washington, D.C. 20590 Ref: Clarification letter dated February 25, 1997, sent to Mr. Keith R. McCann of I and P Trucking, Ltd, copy attached. placarding of Class 9 material. The clarification letter states The referenced letter dealt with the domestic exception for placarding exception granted by 172.504 (f) (9) when being in part that even international shipments may be eligible for the transported within the United States. This office is requesting a further clarification concerning the for domestic transportation. There is some confusion as to applicability of the exceptions granted in 49 CFR Parts 100-185 Mexico can be treated as domestic or international shipments. whether shipments entering or leaving the United States into activities of our inspectors and our State partners. The clarification of this issue will assist the border inspection that we want clarified we pose the following questions: In order that we may communicate more clearly the requirements .Q-1 May a shipment being prepared for transportation by highway in the United States for delivery to Mexico in accordance with 49 including domestic proper shipping names and placarding? CFR Parts 100-185 take advantage of all domestic exceptions Plac Q-2 Would the same hold true for shipments transported by highway through Mexicoto other countries of Central and South America? Q-3 May a shipment being prepared in Mexico for delivery to the United States in accordance with for transportation by highway including domestic proper shipping names and placarding prior to 49 CFR Parts 100-185 take advantage of all domestic exceptions entering U.S. territory? entered the United States? Once these shipments have entered the exceptions. U.S. Customs compound are they now eligible for all the domestic#

Page 3the Maquiladoras? Q-4 would the same answer for 2-3 hold true for shipments made by highway from other countries of Central and South America? 0-5 Would the same answer to l-3 hold true for shipments by Sincerely yours, Robert J. Brown, Jr. Hazardous Materials Specialist#