{"operation":"document","citation":"03-0301","title":"National Cargo Bureau, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-01-26","effective_on":null,"summary":"03-0301 response to National Cargo Bureau, Inc. concerning 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0301.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0301.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0301","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030301.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpimin rations.\nJAN 16 2004\nCaptain Sam Rogers\nRef No. 03-0301\nNational Cargo Bureau, Inc.\n17 Battery Place\nSuite 1232\nNew York, NY 10004\nDear Captain Rogers:\nThis responds to your November 25, 2003 letter requesting clarification of the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of forbidden\nhazardous materials and a shipper's responsibility for classifying a material. Specifically, you ask about\na material that is likely to decompose or polymerize below certain temperatures.\nAs your letter indicates, the HMR permit a material that is packaged, marked, classed, labeled,\nplacarded, described, stowed and segregated, and certified in accordance with the IMDG Code to be\noffered and accepted for transportation in the United States under certain conditions (see §171.12(b)).\nMaterials forbidden for transportation under the HMR may not be transported under the provisions of\nthis section.\nSection 173.21 lists materials and packages that are prohibited for transportation under the HMR. You\nare correct that, in accordance with paragraph (f) of this section, a package containing a material that is\nlikely to decompose with a self-accelerated decomposition temperature (SADT) of 50° C or less, or\npolymerize at a temperature of 54° C or less with an evolution of dangerous gas when decomposing or\npolymerizing may not be transported unless the material is stabilized or inhibited in a manner that\nprecludes such decomposition. This provision applies to any material, whether previously classified or\nnot. For transportation by vessel, such materials must be transported in accordance with the control-\ntemperature requirements of section 21 of the General Introduction of the IMIG Code.\nYou also ask us to confirm that a shipper is responsible for classing a hazardous material in accordance\nwith the HMR and, specifically, for SADT testing of a material. Your understanding is correct. Under\n173.21\n030301\n::2207\n\n<<<PAGE 2>>>\n\nthe HMR, it is the shipper's responsibility to determine the hazard class of a material and for performing\nthe tests necessary to make this determination.\nI hope this information is helpful.\nSincerely,\nXia Mill\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n• NATIONAL\nSCARGO\nMAIN (212) 785-8300\nBUREAU\nFAX (212) 785-8333\nncbnyc@natcargo.org\n173,21\nSent via facsimile and US Mail (202) 366-3012\n03-0301\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards, DHM-10\nDepartment of Transportation\nNovember 25, 2003\nAttn: Mr. Edward Mazzullo, Director\nRe: Petition for Letter of Interpretation / Opinion\nMr. Mazzulio,\nwithin the Office of Hazardous Materials Technology who deals with forbidden\nBasis a conversation yesterday with Mr. Charles Ke, the designated chemist\nmaterials, we request a written response to address the topics discussed.\nTo provide a little background, in the context of the regulations as they appear in\n89171.12(b) and 173.21 (rev. 1998) copies attached, for which §171.12(b) allows the use\nof the IVIDG Code in the process of preparing and offering hazardous shipments, subject\nto certain conditions and limitations, one of these limiting factors in subparagraph (4)\nrequires: \"A forbidden material or package according to §173.21 of this subchapter or\nsubchapter.\"\ncolumn 3 of the §172.101 table may not be transported under the provisions of this\nfollowing is forbidden.\nSection §173.21 states that the offering for transportation or transportation of the\n\"(a) Materials that are designated \"Forbidden\" in column 3 of the §172.101 table.\n(f) A package containing a material which is likely to decompose with a self-\naccelerated decomposition temperature (SADT) of 50°C (121°F) or less, or\npolymerize at a temperature of 54°C (130°F) or less with an evolution of a\ndangerous quantity of heat or gas when decomposing or polymerizing, unless the\nmaterial is stabilized or inhibited in a manner to preclude such evolution. The\nManual of Tests and Criteria.\nSADT may be determined by any of the methods described in Part II of the UN\n(Đ(3)(ii) For transportation by vessel, shipments are authorized in accordance\nwith the control-temperature requirements of Section 21 of the General\nIntroduction of the IMDG Code.\" •\n17 BATTERY PLACE • SUITE 1232 • NEW YORK, NEW YORK 10004\n\n<<<PAGE 4>>>\n\nPage Two\nLetter to Mr. Edward Mazzullo, Director\nNote here that although the regulatory references above are basis 1998, the\nregulatory requirement has not changed, merely the sectional references due to\npublication reformatting.\nOur interpretation, confirmed in conversation with Mr. Ke, for which we request a\nwhite atepetation is that bas on the afrikely toned onuse vit an ADT OF 50°C\n173.21(f) unless, and if transported by vessel, said material is carried by vessel pursuant\nor less is forbidden from being offered by the shipper or transported pursuant to 49CFR\nto the temperature control requirements of section 21 of the General Introduction to the\nIMDG Code.\nmentioned classification procedure and SADT Testing is solely the responsibility of the\nSecondly, that pursuant to §173.22 titled \"Shipper's responsibility\" that the above\nshipper not the carrier, this further supported by the \"Shipper's certification\" as required\nby §172.204.\nWe would greatly appreciate any consideration you may provide us in responding\nat your earliest convenience.\nAs always, best regards and enjoy a safe and healthy Thanksgiving.\nSauntegi\nCapt. Sam Rogers\nNational Cargo Bureau, Inc.\nEncl. referenced regulation 49 CFR, rev. 1998","truncated":false,"body_characters":5728}