Clariant Corporation — Hazardous Materials Safety Interpretation

Page 1JAN 3 2002 of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration Mr. Robert F. Rau Reference No.: 01-0288 Manager, Transportation Regulatory Affairs Clariant Corporation 4000 Monroe Road Charlotte, NC 28205 Dear Mr. Rau: This is in response to your letter requesting clarification of the exceptions for marine pollutants in § 171.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Your company imports marine pollutants in non-bulk packages by vessel, and then reships them to domestic customers via motor vehicle, rail car, and aircraft. The non-bulk packages are permanently marked and labeled in accordance with the International Maritime Dangerous Goods (IMDG) Code. You asked whether you can offer the marine pollutants for transportation in domestic commerce by motor vehicle, rail car, and aircraft as not regulated by adding a package marking indicating the materials are not subject to the HMR. Section 171.4 excepts marine pollutants in non-bulk packages from the requirements of the HMR when transported by motor vehicle, rail car, or aircraft. That means they are not subject to the requirements for shipping papers, markings, labels or placards when transported by highway, rail or air. The markings that were required to be affixed to the packages for transportation by vessel need not be removed or covered for subsequent transportation by other modes. It is permissible to add a notation on the packages indicating that they are not regulated when transported by highway, rail or air, but such a notation is not required. Alternatively, § 171.12(b)(2) provides that a material subject to the IMDG code, but not subject to the HMR, may be transported in the United States when described on a shipping paper, marked, and labeled in accordance with the IMDG code. I hope this information is helpful. Sincerely, John A. Gale Transportation Regulations Specialist Office of Hazardous Materials Safety 111.4#

Page 2NOU 05 2001 13:19 FR HCC-5&D 704 370 6969 TO 12023663753 P.01/01 Corbin Clariant Clariant Corporation 4000 Monroe Road 704.331.7000 Charlotte, NC 28205 § 1714 c Marine Pollutants - Import Marine November 6, 2001 Ms. Diane LaValle Transportation Regulation Specialist Pollutants Office of Standards Development Research and Special Programs Administration 01-0288 400 7th Street, S. W. U.S. Department of Transportation Washington, D.C. 20590 Subject: Marine Pollutant Marking and Label Requirements. Dear Ms. LaValle: domestic transportation of marine pollutants. We are requesting clarification on 49CFR Section 171.4 (c) covering the exception for We currently import marine pollutants via vessel in non-bulk packagings and upon arrival at first inland distribution polnt, we reship the material to domestic customers via motor labeled as containing marine pollutants in accordance with applicable provisions of the vehicle, railcar and aircraft. The non-bulk packagings arrive permanently marked and International Mantime Dangerous Goods Code and 49CFR Part 172 Subparts D and E. It is our understanding that this provision would also allow us to declare these non-bulk aircraft shipments or altematively that we could add an additional marking to the non- packagings as containing a marine pollutant for domestic motor vehicle, railcar and bulk packaging indicating that the material inside the packaging is not subject to the reshipment of the material as a non-hazardous material. hazardous material regulations via motor vehicle, railcar and aircraft thereby facilitating If you need additional information, please do not hesitate to contact me at 704 331 7764 or Fax 704 370 6969. We look forward to your reply Sincerely, Robert F. Rau Manager, Transportation Regulatory Affairs.#