{"operation":"document","citation":"02-0286","title":"Morton International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-17","effective_on":null,"summary":"02-0286 response to Morton International concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0286.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0286.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0286","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020286.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nAugust 17, 1999\nWalter Sherwood\nRef. No. 02-0286\nMorton International\n60 Willow Street\nNorth Andover, Massachusetts 01845\nDear Mr. Sherwood:\nThis is in response to your letter of August 11, 1999 regarding the shipment of\nDimethylhydrazine, Unsymetrical, UN 1163, which is being offered for transportation in\naccordance with the provisions of the International Maritime Dangerous Goods (IMDG) Code.\nYou should be aware that although we allow shipments of hazardous materials prepared in\naccordance with the requirements of the IMDG Code to be transported in the United States, there\nare conditions and limitations in 49 CFR Hazardous Materials Regulations (HMR) § 171.12\nwhich are applicable to shipments prepared in accordance with the requirements of the IMDG\nCode. According to § 171.12(b)(8) your shipment must comply with the following:\n§ 171.12(b)(8) When a hazardous material, which is subject to the requirements of thé\nIMDG Code, is a material poisonous by inhalation (see §171.8 of this subchapter)-\nInhalation Hazard\" or \"Inhalation Hazard\"\n(i) The shipping description must include the words \"'Toxic Inhalation Hazard or Poison\n\", as required in §172.203(m) of this subchapter;\n(ii) The material must be packaged in accordance with the requirements of this\nsubchapter; and\n(ill) The package must be marked in accordance with §172.313 of this subchapter and\nlabeled and placarded with \"POISON INHALATION HAZARD\" or \"POISON GAS\",\nas appropriate, in accordance with subparts E and F, respectively, of part 172 of this\nsubchapter.\nOn this basis, even though we authorize the use of labels according to the IMDG Code, your\n172,401\n020286\n\n<<<PAGE 2>>>\n\nThe HMR also provides for a delayed implementation of the poison inhalation hazard placard\nrequirement. In § 171.14(b) a transitional provision states that \"For materials poisonous by\ninhalation, by all modes of transportation, until October 1, 2001, placards may be used that\nconform to specifications for placards in effect on September 30, 1991, (2) specified in the\nDecember 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule.\" Therefore, until\nOctober 1, 2001 an inhalation toxicity placard is not necessaty. Please note, however, that\nrequirements is authorized immediately and that the packaging, package marking, transport\nvoluntary compliance with the requirements for the inhalation toxicity label and placarding\nvehicle or freight container marking in § 172.313(c) and shipping paper requirements in §\n171.12(b)(8) must be met.\nSincerely,\nBat Rind\nfor Frits Wybenga\nInternational Standards Coordinator\nfor Hazardous Materials Safety\n\n<<<PAGE 3>>>\n\n•Morton\nAugust 11, 1999\nMr. Frits Wybenga\nOffice of Hazardous Material Safety\nWashington DC 20590-0001\nDear Mr. Wybenga:\nexport shipments of Dimethylhydrazine Unsymmetrical, UN 1163?\nWould you be able to provide me the proper labeling, marking, and documentation requirements for\nI have been notified by Mr. Matthew Krynski, the Hazardous Materials Compliance Manager of Hapag\nLloyd America, that units of Dimethylhydrazine Unsymmetrical, 6.1, UN 1163, PG I, could not be\ncarried by Hapag Lloyd to Europe due to improper labeling and marking. Because of the transit time\nrequirements.\ninvolved, this refusal had a severe negative impact on our ability to meet our customer's delivery\nCurrently, our export shipments of Dimethylhydrazine are packaged, labeled and marked in compliance\nlabel and does not mention or imply a inhalation zone classification. As I understand the \"Prohibited\nwith IMDG Code, volume IV, page 6132. This IMO regulation requires \"Toxic\" to be the primary hazard\nlabeling\" section of the 49 CFR, 172.401 (c)(I)(2), the \"Toxic\" label is allowed for international\nBill of Lading generated for these shipments complies with the \"Additional description requirements\"\nshipments and the IMDG labels and descriptions would not hinder transportation to the port. The Straight\n172.203(m)(3) which requires poison inhalation hazard wording to be used. If we were to comply with\nHapag Lloyd's request to use domestic based marks and labels, I am concerned that these units would\nnot be in compliance both on board the vessel and in European transport.\nDimethylhydrazine is a growing part of our export profile and will be included in future shipments. Since\nhis is impacting our business financially and jeopardizing our customer relationships, we need to resolv\nhis conflict by you providing us direction as quickly-as possible\nPlease contact me by telephone (978) 557-1727 or fax (978) 557-1729 should you have any questions.\nThank you.\nWale Stewoos\nWalter Sherwood\nMaterials Coordinator\nMorton Performance Chemicals\nMorton International, Inc., 60 Willow Street, North Andover, MA 01845-5917\n978/774-3100 Fax 978/6891555\n557-1727\nFax\n978\n557 - 1729\n\n<<<PAGE 4>>>\n\n(8) When a hazardous material, which is subject to the requirements of the IMDG Code, is a\nmaterial poisonous by inhalation (see §171.8 of this subchapter)-\n(i) The shipping description must include the words Toxic Inhalation Hazard or Poison\nInhalation Hazard\" or \"Inhalation Hazard\", as required in §172.203(m) of this subchapter;\n(il) The material must be packaged in accordance with the requirements of this\nsubchapter; and\n(iii) The package must be marked in accordance with §172.313 of this subchapter and\nlabeled and placarded with \"POISON INHALATION HAZARD\" or \"POISON GAS\", as\nappropriate, in accordance with subparts E and F, respectively, of part 172 of this\nsubchapter.\n© Copyright 1999, TEXT-Trieve, an American Labelmark Company.","truncated":false,"body_characters":5620}