{"operation":"document","citation":"05-0259","title":"Akzo Nobel Chemicals — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-27","effective_on":null,"summary":"05-0259 response to Akzo Nobel Chemicals concerning 171.12, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0259.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0259.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0259","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050259.pdf","body":"<<<PAGE 1>>>\n\nFEB 27 2006\nMr. Mark A. Connolly\nRef. No.: 05-0259\nManager, Transportation Regulations\nand Security\nAkzo Nobel Chemicals\n525 West Van Buren Street\nChicago, Illinois 60607-3823\nDear Mr. Connolly:\nThis responds to your letter regarding clarification of the shipping paper requirements\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply\nto the export of hazardous materials by vessel in accordance with § 171.12(b).\nSpecifically, you asked if your company is required to include a consignor's name and\naddress on the shipping paper as prescribed under the International Maritime Dangerous\nGoods (IMDG) Code.\nIn § 171.12(b), the HMR authorize the use of the IMDG Code for hazardous materials\nshipments ottered and accepted for transportation or transported within the United States\nwhen all or part of the transportation is by vessel. Paragraphs (b)(2) - (4) of this section\nallow the alternative use of the IMDG Code subject to certain conditions and limitations.\nIf you elect to ship your product in accordance with the IMDG Code, you must comply\nwith all IMDG Code requirements. Thus, the shipping paper must include the\nconsignor's name and address.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171,12 (b)\n172. 202\n050259\n\n<<<PAGE 2>>>\n\nI need your clarification on a subject of shipping paper preparation at our U.S. manufacturing site for a\nshipment to be transported export.\nThe DOT regulations require the name of the Consignor (shipper) but do not require the name and\naddress of the Consignee to be shown on the shipping paper. [49CFR 172.200-172.204]\nThe IMO regulations DO REQUIRE the name and address of the Consignor (shipper) AND Consignee to\nbe shown on the shipping paper. [IMDG 5.4.1.3]\nIn accordance with the DOT and IMO references noted above, a shipping paper prepared in accordance\nwith DOT regulations it does not require the customer's name and address. If it is being prepared in\naccordance with the requirements of the IMO it does require the customer's name and address.\nScenario:\nOur product is regulated as a hazardous material per DOT and a dangerous good per IMO. We are\npreparing a shipping paper for transport from our U.S. manufacturing site. The customer requests the\nmaterial to be marked labeled and prepared for export water shipment AND does not want to provide\nus with the name of the consignee or their address (they fear we will sell directly to this party and\neliminate their business):\n• To streamline the handling of the dangerous goods at origin port//destination port we prepare the\nshipment and the shipping paper at our U.S. manufacturing site in accordance with IMO\nregulations (classification, marking, placarding, packaging and shipping paper preparation). The\nDOT regulations allow us to do this if all or part of the transport is by vessel.\n[49CFR171.12 (b)]\nPer the above noted DOT reference we add the following statement on the bill of lading (shipping\npaper) as it's generated for shipment from the Akzo Nobel Chemicals Inc. U.S. facility:\n\"Prepared for shipment per 49CFR 171.12(B) / IMO for continuation by vessel\"\nClarification item for PHMSA:\nIs Akzo Nobel chemicals Inc. required to obtain the Consignee Name and address for this shipment?\nIs the wording in 171.12(b) to be interpreted to address only the shipping description IMDG 5.4.1.4.1 or to\nall of IMDG 5.4.1?\nYour feedback is appreciated.\nRegards,\nMark Al CorAl\nMark A. Connolly\nManager Transportation Regulations and Security\nAkzo Nobel Chemicals\nTelephone:312.544.7177\nFacsimile: 312.544.7087\nEmail:mark.connolly@akzonobel.com\n\n<<<PAGE 3>>>\n\nI concur.\nSection 5.4.1.3 of the IMDG Code clearly states that the name of the consignor\nis required on the shipping paper.\nRichard C. Bornhorst\nChemical Engineer, G-PSO-3\nOffice of Operating and Environmental Standards\nU.S. Coast Guard\n(202) 267-1694\n-----Original Message-----\nFrom: helen.engrum@DOT.GOV [mailto:helen.engrum@DOT.GOV]\nSent: Wednesday, February 15, 2006 10:23 AM\nCc: john.gale@DOT.GOV\nTo: Bornhorst, Richard\nSubject: Interpretation Ref. No.: 05-0259\nPlease provide me with your review/concurrence on the attached letter of clarificatior\naddressing inclusion of the consignor's name and address on the shipping paper under the\nIf you have any questions, e-mail me at Helen.engrum@dot.gov or call me on 202-366-4473.\nThank you for your assistance.","truncated":false,"body_characters":4496}