Guidanceguidance
04-0219
MOL America, Inc — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation U.S. Department OCT 26 2004 Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs Ms. Fumie Sloan Ref. No.: 04-0219 Senior Supervisor MOL America, Inc. One Concord Center 2300 Clayton Road, Suite #1500 Concord, CA 94520 Dear Ms. Sloan: This is in response to your September 17, 2004 letter and discussion with Mr. Emmanuel Pfersich of the US Coast Guard requesting clarification of container/vehicle packing certificate requirements as specified under the International Maritime Dangerous Goods (IMDG) Code. Section 5.4.2.1 of the IMDG Code specifies that a "container/vehicle packing certificate is not required for tanks." Specifically, you ask if a signed container/vehicle packing certificate may accompany a tank shipment of hazardous material. In the opinion of this office, the presence of a signed container/vehicle packing certificate with a tank shipment of hazardous material does not appear to be in violation of 5.4.2.1 of the IMDG Code. In addition, we agree with Mr. Pfersich that failure to take advantage of this special condition for tanks may cause confusion among parties involved with the shipment, including competent authorities, and, as a result, could complicate or delay the shipment. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely: Hotte I Mothel Hattie Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 171.12 040219 174.27#
Page 209/17/2004 17:49 FAX 925 688 2685 MOL - CCRHZ Satterthwaite 3/7112 MOL 5176.21 IMDG 2300 Clayton Road, One Concord Center Suite #1500 04-0219 Concord, CA 94520 September 17, 2004 MI. Edward I. Mazzullo U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards 400 7th Street s.W. washington, D.C. 20590-0001 Fax: 202-366-3012 Dear Mr. Mazzulo, would like to have your formal opinion whether signed container packin ertification statement on hazardous substances loaded in a Tank transpor packing Certificate. the IMDG Code, Done container secte pa sing desira set required for ton that "The container/vehicle packing • aertificate is ased on the notation, are in tank container. I am also enclosing the email exchange with Mr. Manny Pfersich of US Coast Guard Hazmat in Washington, D.C. Mi. Pfersich recommended for me to attach the email. I 1o0k forward to receiving your formal response in the case. Respectfully, Senior Supervisor - Hazmat Fumie Sloan Phone: (925) 688-2633 MOL America, Inc. E-mail: fumie.sloan@molamerica.com Fax: (925) 688-2685 Enclosure: email subject 'Signed CPC for Tank container' - 1 page Ietter to Mr Mazzulo CPC.doc/fs#
Page 309/17/2004 17:49 FAX 925 688 2685 MOL - CCRHZ 4002 09/17/2004 04:52:03 PM Fumie - CCRHZ Page 1 attached pafl to Mr. Massul "Pfersich, Emmanuel" > <EPfersich@comdt.uscg.mil <Fumie.Sloan@MOLAmerica.com> To: "Fumie.Sloan@MOLAmerlca.com" Subject: RE: Signed CPC for Tank container cc: "Duane Pfund (E-mail)" <duane.pfund@rspa.dot.gov> 09/15/2004 04:22 PM Fumie, good idea. My informal opinion is that signing the CPC for a tank container is not a is not required for a tank container, and frankly there is very little in As you mention, the IMDG Code specifically states that the CPC container. sub-sections 5.4.2.1.1 - 5.4.2.1.9 that actually While it also may not "cause harm", it certainly might raise the could pertain to a tank Also, it is hard to question as to whether the signer really knew what was being certified. he presence of a CPC for a tanic container say how other, foreign competent authorities might vier Iegards, Manny From: Fumie.Sloan@MOLAmerica.com [mailto:Fumie.Sloan@MOLAmerica.com ---Original Message----- Sent: Monday, September 13, 2004 7:22 PM Subject: Signed CPC for Tank container To: Pfersich, Emmanuel Hello Manny, packing certification statement if a hazardous Tank container load I recently had an argument over whether it is valid to be signed containe: This is my thought... in this case. Side or cos ne or de pad oceant contes rich centencat on statement covers for each packaging that is loaded in a specific container. not signed). Do you think it is no harm if someone signs on CP portion for a Tank Can you in advance for your thought on this. Pust Craz#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.