{"operation":"document","citation":"03-0017","title":"CSX Intermodal — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-04-17","effective_on":null,"summary":"03-0017 response to CSX Intermodal concerning 173.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030017.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nAPR 17 2003\nMr. Mark Mullis\nManager, Hazmat Compliance\nRef. No.:03-0017\nCSX Intermodal\n301 West Bay Street\nJacksonville, FL 32202\nDear Mr. Mullis:\nThis responds to your letter regarding the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180), as they apply to fumigated lading shipped to the United States in accordance with the\nInternational Maritime Dangerous Goods (IMDG) Code, by vessel.\nIn accordance with the HMR, with certain exceptions, if all or part of the transportation is by vessel,\na hazardous material which is classed, packaged, marked, labeled, placarded and described in\naccordance with the requirements of the IMDG Code may be offered and accepted and transported\nin the United States (See§ 171.12(b)). The description \"Fumigated Unit, Class 9, UN 3359\"is listed\nin the IMDG Code's \"Dangerous Goods List\" and subject to the requirements of the IMDG Code\nas a fumigated unit loaded with cargoes under fumigation.\nThe fumigation requirements in § 173.9 of the HMR apply to all modes of transportation (air, water,\nrail, and highway). In accordance with the HMR, a \"package\" (a rail car, freight container, truck\nbody, or trailer) containing any lading which has been fumigated with any material, or is undergoing\nfumigation, is subject to the requirements of § 173.9, requiring display of the FUMIGANT marking.\nHowever, if the transport vehicle or freight container has been sufficiently aerated so that it does not\npose an unreasonable risk to health and safety, the shipment is not subject to the requirements for\ndisplay of the FUMIGANT marking.\nDomestically, a \"package\" that is subject to the HMR only because of the hazardous materials\nemergency response information (See § 173.9(h)). Internationally, transport documents (shipping\ndesignation specified in § 173.9(a), is not subject to any other requirements (e.g., shipping papers or\npaper) must indicate the date of fumigation, type and amount of fumigant used, and instructions for\ndisposal of any residual fumigant, including fumigation devices (See § 173.9(t)).\nThe International Maritime Organization's Recommendations on the Safe Use of Pesticides in Ships\nand others concerned. The IMO's Recommendations on the Safe Use of Pesticides in Ships\nare intended as a guide to competent authorities, mariners, fumigators and pesticide manufacturers,\n173.9\n030017\n$3520\n\n<<<PAGE 2>>>\n\ngenerally address national and international controls on pesticide usage and safety precautions\nrelative to pesticide materials or fumigants. The general safety precautions state that the instructions\ngiven on the label of a package of pesticide materials, particularly those relating to safety and\ndisposal of residual material, should be strictly followed.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\non Fille\nDelmer F. Billings\nChief, Standards Division\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n03-\n1-17;\n3: 18PM;c. s. x. Intermodar\n; 904 633 1055\n= 1/\n2\nEngrum\n8173.9\nIMDE/Fumigation\n03-0017\nA CSI\nCSX Intermodal\n301 West Bay Street\nJacksonville, FL 32202\nOffice of Hazardous Materials Standards\nMr. Edward Mazzullo, Director\n400 7i* Street, S.W.\nU.S. Department of Transportation\nWashington, DC 20590\nSubject:\nRequest for Interpretation on Fumigated Shipments pursuant to 49\nCFR Section 173.9\nDear Mr. Mazzullo:\nI am writing to request an interpretation regarding 49 CFR § 173.9, as there has\nof freight containers in which the lading has been fumigated but that do not otherwise\neen some confusion among our shipper's customers regarding the international shipmen\ncontain hazardous materials. We would therefore appreciate your interpretation and\nclarification on the following issues:\nHazMat under the IMDG Regulations as \"Cargo Transport Unit Under Fumigation, UN\nCurrently, certain shipments are entering the United States labeled as\n3359, Class 9, PG N/A.\" Given that these shipments are using an IMDG label, can you\nplease advise whether the shipments are subject to the requirements of 49 CFR § 171.12\nrequirements (other than those imposed by § 173.9) pursuant to 49 CFR $ 173.9(h)?\ndespite the fact that the shipments are otherwise exempt from hazardous materials\n2.\nFor example, 49 CFR § 171.12(b)(16) includes a requirement that\nemergency response information accompany shipments labeled under the IMDG Code.\nHowever, it is our understanding that under 49 CFR § 173.9(h), international shipments\nconfirmation that our view is correct or your explanation as to why it is not.\n3.\n§ 173.9(h) would not require emergency response information in the United States even if\nIn addition, please confirm that shipments properly subject to 49 CFR\nthe IMDG Code requires such information.\n\n<<<PAGE 4>>>\n\n03-1-17;\n3:16PM; c.s.x. Intermodal\n:904 633 1055\n=\n4.\ninternational shipments under 49 CFR § 173.9(f). For example, would an MSDS or\nPlease clarify the nature of the disposal information required for\nsimilar document that specifies disposal instructions be sufficient? In addition, would\n$ 173.9(f)?\nplease advise the nature of the disposal information that might be required under\nfumigated but that do not otherwise contain hazardous material exempt from providing a\nAre domestic shippers of freight containers in which the lading has been\nbut again would appreciate either your confirmation or your explanation of why we are\nHazMat description pursuant to 49 CFR § 173.9(k)? We assume that the answer is yes,\nThank you for your assistance in this matter. We would appreciate a prompt\nresponse given continuing uncertainty in the trade on these matters. Should you have any\nquestions or comments, please feel free to contact me at 904-633-1418.\nmack mulh\nSincerely,\nMark Mullis\nManager, HazMat Compliance","truncated":false,"body_characters":5892}