{"operation":"document","citation":"05-0050","title":"Arkema Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-03-23","effective_on":null,"summary":"05-0050 response to Arkema Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050050.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nMAR 23 2005\nAdministration\nMs. Christina M. Kurtz\nSupervisor - Regulations and Packaging\nRef. No. 05-0050\nArkema Inc.\n2000 Market St.\nPhiladelphia, PA 19103\nDear Ms. Kurtz:\nThis is in response to your February 23, 2005 letter\nregarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) and the\nInternational Maritime Dangerous Goods (IMDG) Code.\nSpecifically you ask who is responsible for removing\nplacards from a freight container after transportation ends.\nUnder § 172.502 of the HMR, no person may affix or display\non a freight container any placard described in Part 172,\nSubpart F unless the placard represents a hazard of the\nhazardous material being offered or transported. The person\nwho will re-offer the freight container for transportation\nwill be responsible for ensuring the appropriate placards\nare applied to the freight container including removal of\nany existing placards that are not applicable to the current\nload.\nUnder the IMDG Code, paragraph 5.3.1.1.1.3 states: \"all\nplacards, orange panels, marks and signs shall be removed\nfrom cargo transport units or masked as soon as both the\ndangerous goods or their residues which lead to the\napplication of those placards, orange panels, marks or signs\nare\ndischarged.\"\nThe IMDG Code does not specify who must\nperform this task; however, a carrier will be in violation\nof the IMDG Code and the HMR if it transports an empty\nfreight container with placards still applied.\nYou\nshould also be aware that the Department of Labor's\nOccupational Safety and Health Administration regulations\nrequire an employer to retain all hazardous materials\nmarkings, labels and placards on incoming packages, freight\n050050\n\n<<<PAGE 2>>>\n\ncontainers, rail freight cars, motor vehicles and transport\nvehicles containing hazardous materials, until the material\nis sufficiently removed from the package, container or\nvehicle to prevent any potential hazard (29 CFR 1910.1201).\nI hope this satisfies your request.\nSincerely;\ntathe z. Mitabel\nHattie L.\nMitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPollack\nARKEMA\n51711.\nApplicability\n05-0050\nFebruary 23, 2005\nU.S. Department of Transportation\nPHMSA\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nAttn: Standards {DHM-10}\nRe: Placarding and $172.502\nDear Mr. Mazzullo:\nScenario: A consignee receives an overseas container and unloads the container while\nthe driver is present. Once the container is completely unloaded the placards need to be\nInterpretation: It is our understanding that it would be the carrier's responsibility to\nremove the placards since the carrier is placing the container back into the transportation\nsystem. Our contract with the carrier ended when we completely unloaded the freight.\nAlso, we do not want to be responsible for any damage that may occur to the container\nwhen scraping off sticker placards. Some of the steamship lines believe it is the\nresponsibility of the consignee to remove the placards. We cannot find any sections in\n49CFR or the IMDG Code that states the consignee is responsible for the removal of the\nplacards once a container is empty and is placed back on the road.\nQuestion: Are there any sections in 49CFR or the IMDG Code stating that the consignee\nis responsible for the removal of the placards after the hazardous material has been\ncompletely removed from the container? Shouldn't the carrier be responsible since our\ncontract with them has ended and they are placing the container back on the highway?\nSincerely,\nChristina M. Kuto\nChristina M. Kurtz\nSupervisor - Regulations and Packaging\nArkema Inc. (formerly Atofina Chemicals, Inc.\n2000 Market Street\nArkema Inc.\nPhiladelphia, PA 19103\nwww.arkemagroup.com\nTel. : 215 419 7000","truncated":false,"body_characters":3916}