{"operation":"document","citation":"00-0317","title":"Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-03-07","effective_on":null,"summary":"00-0317 response to Air Products and Chemicals, Inc. concerning 176.76.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0317.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0317.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0317","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000317.pdf","body":"<<<PAGE 1>>>\n\n•\n-\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nMAR - 7 2001\nMr. Richard J. Lloyd\nRef. No: 00-0317\nManager, Regulatory Compliance\nAir Products and Chemicals, Inc.\n7201 Hamilton Boulevard\nAllentown, PA 18195-1501\nDear Mr. Lloyd:\nThis is in response to your November 10, 2000, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to transportation under the\nInternational Maritime Dangerous Good (IMDG) Code for international cargo vessel transportation.\nYour questions have been paraphrased and answered as follows:\nQ1. If the IMDG Code is used to ship containerized, non-bulk packages by vessel from a facility in the\nUnited States to a foreign destination, are the dunnage requirements in § 176.76(a) applicable?\nSpecifically is wood dunnage required?\nAl. As provided by § 171.12, a hazardous material that is packaged, marked, classed, labeled,\nplacarded, described, stowed and segregated, and certified in accordance with the IMDG Code may\nbe offered and accepted for transportation and transported within the United States subject to certain\nconditions and limitations. Since none of these conditions and limitations include specific compliance\nwith § 176.76(a), a containerized shipment that is transported by vessel may be prepared in\naccordance with the IMDG Code instead of the specific provisions of § 176.76(a).\nThe provisions of the IMDG Code relating to freight container packing are performance based and do\nnot provide prescriptive guidance with regard to the specific methods for securing packages. As\nprovided by 7.5.2.2 of the IMDG Code, \"Packaged dangerous goods and any other goods within the\nsame cargo transport unit should be tightly packed and adequately braced and secured for the voyage.\nThe packages should be packed in such a way that there will be a minimum likelihood of damage to\nfittings during transport. Such fittings on packages should be adequately protected.\" Freight\nargo shipped in conformance with the dunnage requirements and other requirements in $ 176.76(a) ‹\nontainers packed to meet these requirements do not specifically require wood dunnage. Howeve\nthe HMR would also meet the IMDG Code requirements for cargo securement.\n176.76\n000317\n\n<<<PAGE 2>>>\n\n•\nQ2. Is DOT E-9689 necessary for transportation under the IMDG Code?\nA2. DOT E-9689 authorizes certain dense or heavy hazardous materials to be secured against\nmovement in a freight container or transport vehicle by the use of a fabric restraint dunnage system\nwhen shipped by cargo vessel. As stated above, a containerized hazardous materials shipment that is\nprepared and transported in accordance with the IMDG Code need not comply with the specific\nprovisions of § 176.76(a). Therefore, compliance with the specific terms of this exemption is not\nrequired for vessel transportation, either domestic or international, when conducted in accordance with\nthe provisions of the IMDG Code. However cargo shipped in accordance with the fabric restraint\ndunnage system authorized by DOT E-9689 would also meet the IMDG Code requirements for cargo\nsecurement.\nI hope this information is helpful.\nSincerely;\nTransportation Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPRODUCIS LA:\nAir Products and Chemicals, Inc.\n7201 Hamitton Boulevard\nTelephone (610) 481-4911\nAllentown, PA 18195-150\n10 November 2000\nMr. Edward Mazzullo\nDirector of the Office of Hazardous Materials Standards\nU.S. Department of Transportation\nesearch and Special Programs Administration (DHM-10\n00 Seventh Street, S.V\nWashington DC 20590-0001\nDear Mr. Mazzullo:\nAs a result of our conversations with the Hazardous Materials Regulations Information Center and\nwith the U.S. Coast Guard, we are seeking additional clarification on several questions involving the\napplication of 49 CFR 171.12 (b) and 176.76 (a) to international cargo vessel transportation.\nQuestion 1: 49 CFR 171.12 (b) and 176.76 (a)\nIf the IMDG Code is used to ship non-bulk hazardous materials from a facility in the U.S. to a\nforeign destination using cargo vessel transportation for the ocean movement, are the dunnage\nrequirements in 176.76 (a) applicable? Specifically, is wood dunnage required? Section\n171.12 (b) allows shippers the option to use the IMDG Code in association with the\nrequirements of that section for transportation within the United States and for the cargo\nrequirement for wood dunnage when using the IMDG Code. Paragraph 12.3.1 in the IMDG\nvessel. Since 176.76 (a) is not referenced in 171.12 (b), it is our opinion there is not a\nadequately braced and secured. There is no mention of the type of dunnage, i.e., wood, that\nCode requires non-bulk packages to be tightly packed within a freight container and\nmust be used. The use of a commercially available fabric restraint dunnage system such as\nTy-Gard would seem sufficient if 176.76 (a) is not applicable when hazardous materials are\noffered for shipment in accordance with the IMDG Code.\nQuestion 2: DOT Exemption E9689 (copy attached)\n• Does Air Products need DOT-E9689 for the transportation of hazardous materials in drums\nwhen shipped by cargo vessel? This exemption authorizes the transportation of certain dense\nor heavy hazardous materials not exceeding 12.09 pounds per gallon to be secured against\nmovement in a freight container or transport vehicle by the use of a fabric restraint dunnage\nsystem when shipped by cargo vessel. It exempts shippers from 49 CFR 176.76 (a) (4). The\nexemption does not seem necessary for shipments made under the IMDG Code as allowed by\nSection 171.12 (b) since this section does not reference 176.76 (a) as being applicable when\nusing the IMDG Code. Perhaps the exemption is needed for U.S. domestic cargo vessel\ntransportation instead of international cargo vessel transportation.\nM:Seyfried\\Lloydlrj1949.doc\n\n<<<PAGE 4>>>\n\nIn our discussions with the U.S. Coast Guard, they mentioned we should keep the exemption. If we\nwere charged with a blocking and bracing securement violation, the regulation cited would be 49 CFR\n171.12 (b) and 176.76 (a). They indicated our exemption would absolve the citation if there was an\ncitation shoul not occur. This may be a training issue with an insperthe regulations is correct, a\nWe appreciate your assistance in providing guidance to us for these questions.\nSincerely,\n1. I Lloyd\nRichard J. Lloyc\nManager, Regulatory Compliance\nAttachment\nM:Seyfried Lloydrjl949.doc","truncated":false,"body_characters":6491}