{"operation":"document","citation":"00-0064","title":"Mr. Tom Kennedy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-04-06","effective_on":null,"summary":"00-0064 response to Mr. Tom Kennedy concerning 176.80.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000064.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\nAPR - 6 2000\nMr. Tom Kennedy\nRef. No. 00-0064\nVP Marine Operations\nIndependent Container Line Ltd.\n4801 Audubon Dr.\nRichmond, VA 23231\nDear Mr. Kennedy:\nThis is in response to your letter of February 22, 2000, concerning segregation requirements for limited\nquantities of hazardous materials shipped under the Hazardous Materials Regulation (HMR; 49 CFR\nParts 171-180) and the International Maritime Dangerous Goods (IMDG) Code. Your request\nconcerned the packaging of limited quantities of Oxidizing solid, NOS and Hydrogen Peroxide,\naqueous solution in a freight container.\nAs you point out in your letter, § 176.80(b) and Paragraph 18.6.2 of the General Introduction of the\nIMDG Code except hazardous materials in limited quantities from the segregation requirements of each\nset of regulations. However, § 173.21(e) and Section 20 entitled \"Chemical Stability of Dangerous\nSubstances\" in the General Introduction of the IMDG Code, prohibit carrying materials together which\ncould dangerously react. While both sets of regulations state that oxidizing solids and hydrogen\nperoxide must be segregated, the exception from segregation for limited quantities allows these\nmaterials to be shipped together if the mixing of the two materials would not cause a dangerous\nevolution of heat, flammable or poisonous vapors, or to produce corrosive materials. It is the\nresponsibility of the offeror to determine if the quantity and characteristics of the materials would cause\na dangerous evolution of heat, flammable or poisonous vapors if mixed.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n000064\n176.80\n\n<<<PAGE 2>>>\n\nIndependent Container Line Ltd\nICL\nRichmond, Virginia 23231\n4801 Audubon Drive\nTelephone: (804) 222-2220\nFax: (804) 222-5150\n23€\nJohnsen\n$ 176.80\nFebruary 22, 2000\n00-0064\nMr. Ed Mazzullo\nUS Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\n400 Seventh Street, S. W. Washington, D.C. 20590\nDear Mr. Mazzullo,\nWe are Independent Container Line, a common carrier in the north\nAtlantic trade, seeking advice from your office regarding conflicting\nregulatory information we have received. The conflict which arises is\nrelated to the ocean carriage of a mixture of hazardous material in limited\nquantities within one freight container. The concern focuses on two\nproducts in that container, namely:\n1. OXIDIZING SOLID, NOS IN LIMITED QUANTITY ( Sodium\npersulfate, Potassium sulfate), Class 5.1, UN No. 1479, PG III.\n2. HYDROGEN PEROXIDE, AQUUEOUS SOLUTION, with not less\nthan 8% but less than\n20% hydrogen peroxide in LIMITED\nQUANTITY, Class 5.1, UN No. 2984, PG III.\nOur company conforms to both the IMDG Code and to Title 49 CFR, our\nships to the former and the CFR for inland movements in the USA.\nHere's the conflict: (and I hope this does not cause internal problems)\nManny Pferisch, states that all mixtures of allowable hazardous material\nin limited quantities can be stuffed in a single container.\nFrank Zabrocky (a Chief Surveyor for the NCB), states that segregation\nof the two products above is required, even though they are limited\nquantities, and cannot be stuffed in one container.\nISO 9002\n1991 Recipient of the United States Senate Productivity Medallion.\nCERTIFIED\n1995 Recipient of the United States Senate Award for Continuing Excellence.\nCommitted to Quality\n\n<<<PAGE 3>>>\n\nPage 2.\nThere is no question that the packaging, individual net weights of the two\nproducts and all other factors make the shipments offered to be a viable\nlimited quantity.\nWe have the highest respect for both of the gentlemen cited, but we seck a\nfinal answer.\nfrom\" relates to the entry in Section 172.101 for OXIDIZING SOLID,\nNOS and to the schedule page for this product in the IMDG Code. In both\ncases, on the product schedule page of IMDG and in Section 172.101\ncolumn 10B (provision 69) of Title 49, it states that the Oxidizing Solid\nand the Hydrogen peroxide must be segregated. He further states that the\nreferences in Section 173.21 (e) takes precedence over Section 176.80,-\nSec. 18.6.7\nparagraph\n\"b\" in Title 49 which requires no segregation for limited\nquantities.\nMr. Zabrocky has had an article published in \"Pacific\nIMAG\nShipper\" magazine to support his contention.\nno sagregent.re\nileg\nBecause the actual shipment of the container with these two products in it\nis scheduled shortly, we would greatly appreciate your advice soonest.\na it pridders\nThank you for any consideration you give our request\ncoulel reuct,\nSincerely,\ntus should do\nTou the\nменя\npreviet\nTom Kennedy\nVP Marine Operations\nSet\nIndependent Container Line.","truncated":false,"body_characters":4750}