National Cargo Bureau, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Spimin rations. JAN 16 2004 Captain Sam Rogers Ref No. 03-0301 National Cargo Bureau, Inc. 17 Battery Place Suite 1232 New York, NY 10004 Dear Captain Rogers: This responds to your November 25, 2003 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of forbidden hazardous materials and a shipper's responsibility for classifying a material. Specifically, you ask about a material that is likely to decompose or polymerize below certain temperatures. As your letter indicates, the HMR permit a material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code to be offered and accepted for transportation in the United States under certain conditions (see §171.12(b)). Materials forbidden for transportation under the HMR may not be transported under the provisions of this section. Section 173.21 lists materials and packages that are prohibited for transportation under the HMR. You are correct that, in accordance with paragraph (f) of this section, a package containing a material that is likely to decompose with a self-accelerated decomposition temperature (SADT) of 50° C or less, or polymerize at a temperature of 54° C or less with an evolution of dangerous gas when decomposing or polymerizing may not be transported unless the material is stabilized or inhibited in a manner that precludes such decomposition. This provision applies to any material, whether previously classified or not. For transportation by vessel, such materials must be transported in accordance with the control- temperature requirements of section 21 of the General Introduction of the IMIG Code. You also ask us to confirm that a shipper is responsible for classing a hazardous material in accordance with the HMR and, specifically, for SADT testing of a material. Your understanding is correct. Under 173.21 030301 ::2207#

Page 2the HMR, it is the shipper's responsibility to determine the hazard class of a material and for performing the tests necessary to make this determination. I hope this information is helpful. Sincerely, Xia Mill Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3• NATIONAL SCARGO MAIN (212) 785-8300 BUREAU FAX (212) 785-8333 ncbnyc@natcargo.org 173,21 Sent via facsimile and US Mail (202) 366-3012 03-0301 Research and Special Programs Administration Office of Hazardous Materials Standards, DHM-10 Department of Transportation November 25, 2003 Attn: Mr. Edward Mazzullo, Director Re: Petition for Letter of Interpretation / Opinion Mr. Mazzulio, within the Office of Hazardous Materials Technology who deals with forbidden Basis a conversation yesterday with Mr. Charles Ke, the designated chemist materials, we request a written response to address the topics discussed. To provide a little background, in the context of the regulations as they appear in 89171.12(b) and 173.21 (rev. 1998) copies attached, for which §171.12(b) allows the use of the IVIDG Code in the process of preparing and offering hazardous shipments, subject to certain conditions and limitations, one of these limiting factors in subparagraph (4) requires: "A forbidden material or package according to §173.21 of this subchapter or subchapter." column 3 of the §172.101 table may not be transported under the provisions of this following is forbidden. Section §173.21 states that the offering for transportation or transportation of the "(a) Materials that are designated "Forbidden" in column 3 of the §172.101 table. (f) A package containing a material which is likely to decompose with a self- accelerated decomposition temperature (SADT) of 50°C (121°F) or less, or polymerize at a temperature of 54°C (130°F) or less with an evolution of a dangerous quantity of heat or gas when decomposing or polymerizing, unless the material is stabilized or inhibited in a manner to preclude such evolution. The Manual of Tests and Criteria. SADT may be determined by any of the methods described in Part II of the UN (Đ(3)(ii) For transportation by vessel, shipments are authorized in accordance with the control-temperature requirements of Section 21 of the General Introduction of the IMDG Code." • 17 BATTERY PLACE • SUITE 1232 • NEW YORK, NEW YORK 10004#

Page 4Page Two Letter to Mr. Edward Mazzullo, Director Note here that although the regulatory references above are basis 1998, the regulatory requirement has not changed, merely the sectional references due to publication reformatting. Our interpretation, confirmed in conversation with Mr. Ke, for which we request a white atepetation is that bas on the afrikely toned onuse vit an ADT OF 50°C 173.21(f) unless, and if transported by vessel, said material is carried by vessel pursuant or less is forbidden from being offered by the shipper or transported pursuant to 49CFR to the temperature control requirements of section 21 of the General Introduction to the IMDG Code. mentioned classification procedure and SADT Testing is solely the responsibility of the Secondly, that pursuant to §173.22 titled "Shipper's responsibility" that the above shipper not the carrier, this further supported by the "Shipper's certification" as required by §172.204. We would greatly appreciate any consideration you may provide us in responding at your earliest convenience. As always, best regards and enjoy a safe and healthy Thanksgiving. Sauntegi Capt. Sam Rogers National Cargo Bureau, Inc. Encl. referenced regulation 49 CFR, rev. 1998#