{"operation":"document","citation":"01-0288","title":"Clariant Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-01-03","effective_on":null,"summary":"01-0288 response to Clariant Corporation concerning 171.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0288.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0288.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0288","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010288.pdf","body":"<<<PAGE 1>>>\n\nJAN 3\n2002\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nMr. Robert F. Rau\nReference No.: 01-0288\nManager, Transportation Regulatory Affairs\nClariant Corporation\n4000 Monroe Road\nCharlotte, NC 28205\nDear Mr. Rau:\nThis is in response to your letter requesting clarification of the exceptions for marine\npollutants in § 171.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Your company imports marine pollutants in non-bulk packages by vessel, and then\nreships them to domestic customers via motor vehicle, rail car, and aircraft. The non-bulk\npackages are permanently marked and labeled in accordance with the International\nMaritime Dangerous Goods (IMDG) Code. You asked whether you can offer the marine\npollutants for transportation in domestic commerce by motor vehicle, rail car, and aircraft as\nnot regulated by adding a package marking indicating the materials are not subject to the\nHMR.\nSection 171.4 excepts marine pollutants in non-bulk packages from the requirements of the\nHMR when transported by motor vehicle, rail car, or aircraft. That means they are not\nsubject to the requirements for shipping papers, markings, labels or placards when\ntransported by highway, rail or air. The markings that were required to be affixed to the\npackages for transportation by vessel need not be removed or covered for subsequent\ntransportation by other modes. It is permissible to add a notation on the packages\nindicating that they are not regulated when transported by highway, rail or air, but such a\nnotation is not required. Alternatively, § 171.12(b)(2) provides that a material subject to the\nIMDG code, but not subject to the HMR, may be transported in the United States when\ndescribed on a shipping paper, marked, and labeled in accordance with the IMDG code.\nI hope this information is helpful.\nSincerely,\nJohn A. Gale\nTransportation Regulations Specialist\nOffice of Hazardous Materials Safety\n111.4\n\n<<<PAGE 2>>>\n\nNOU 05 2001 13:19 FR HCC-5&D\n704 370 6969 TO 12023663753\nP.01/01\nCorbin\nClariant\nClariant Corporation\n4000 Monroe Road\n704.331.7000\nCharlotte, NC 28205\n§ 1714 c\nMarine Pollutants - Import\nMarine\nNovember 6, 2001\nMs. Diane LaValle\nTransportation Regulation Specialist\nPollutants\nOffice of Standards Development\nResearch and Special Programs Administration\n01-0288\n400 7th Street, S. W.\nU.S. Department of Transportation\nWashington, D.C. 20590\nSubject: Marine Pollutant Marking and Label Requirements.\nDear Ms. LaValle:\ndomestic transportation of marine pollutants.\nWe are requesting clarification on 49CFR Section 171.4 (c) covering the exception for\nWe currently import marine pollutants via vessel in non-bulk packagings and upon arrival\nat first inland distribution polnt, we reship the material to domestic customers via motor\nlabeled as containing marine pollutants in accordance with applicable provisions of the\nvehicle, railcar and aircraft. The non-bulk packagings arrive permanently marked and\nInternational Mantime Dangerous Goods Code and 49CFR Part 172 Subparts D and E.\nIt is our understanding that this provision would also allow us to declare these non-bulk\naircraft shipments or altematively that we could add an additional marking to the non-\npackagings as containing a marine pollutant for domestic motor vehicle, railcar and\nbulk packaging indicating that the material inside the packaging is not subject to the\nreshipment of the material as a non-hazardous material.\nhazardous material regulations via motor vehicle, railcar and aircraft thereby facilitating\nIf you need additional information, please do not hesitate to contact me at 704 331 7764\nor Fax 704 370 6969.\nWe look forward to your reply\nSincerely,\nRobert F. Rau\nManager, Transportation Regulatory Affairs.","truncated":false,"body_characters":3824}