{"operation":"document","citation":"06-0041","title":"ShipMate, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-05-08","effective_on":null,"summary":"06-0041 response to ShipMate, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060041.pdf","body":"<<<PAGE 1>>>\n\nS. Departme!\nTransportatio\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\ndministratio\nlazardous Materials Safet\nMAY - 8 2006\nMr. Steven Charles Hunt\nRef. No.: 06-0041\n18436 Hawthorne Blvd, Suite 201\nShipMate, Inc.\nTorrance, CA 90504\nDear Mr. Hunt:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if § 171.12(b)(2)\nauthorizes a material originating as a hazardous material in Denmark to be reoffered for\ntransportation in the United States when described, marked, and labeled in accordance\nwith the International Maritime Dangerous Goods (IMDG) Code. You indicate the\nmaterial will be reoffered for transportation within the United States as a non-regulated\nmaterial in accordance with the exception provided in Special Provision 47.\nSection 171.12(b)(2) authorizes a material that is classed, packaged, marked, labeled,\nplacarded, described, stowed and segregated, and certified in accordance with the IMDG\nCode to be offered for transportation anr: transported in the United States under certain\nconditions. To take advantage of this provision, all or part of the transportation must be\nby vessel (§ 171.12(b)(1)).\nIn your situation, assuming the final destination is a storage facility in the United States,\nrequirements and originating in Denmark to be transported into the United States and\n§ 171.12(b)(1) authorizes a vessel shipment prepared in accordance with the IMDG Code\nthen transferred to the storage facility i micated on the shipping paper by any mode of\ntransportation (i.e., air, highway, rail, or vessel). However, once the shipment reaches the\nstorage facility, you may not reoffer the material for ground or air transportation in the\nUnited States unless the shipment conforms to applicable HMR requirements.\nSpecial Provision 47 excepts small shipments of mixtures of solids and flammable liquids\nfrom regulation under the HMR under certain conditions. Packages transported in\naccordance with Special Provision 47 need not be marked or labeled. However, nothing\nin the HMR prohibits such packages from being marked or labeled provided the marks\nand labels are consistent with the hazard of the material contained in the package. In the\nsituation you describe, it appears the hazardous material is properly represented by the\nmarks and labels affixed to the package in accordance with IMDG Code requirements.\nTherefore, you may re-offer the material for transportation within the United States in\naccordance with Special Provision 47 without removing the marks or labels from the\n173.22\n060041\n\n<<<PAGE 2>>>\n\npackage. You should be aware, however, that because your shipment will not be\nr otherwise frustrate its transportation. To avoid this problem, we suggest the followins\ncompanied by a shipping paper, the marks and labels on your package may cause delay\n1. Remove, obliterate, or securely cover the marking and labeling and take full\n2. Leave the marking and labeling in place and ship the material in accordance with\nadvantage of the exception provided by Special provision 47; or\nthe HMR without taking advantage of the exception provided by Special\nProvision 47.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nElon Mozullo\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSupko\n18436 Hawthorne Blvd, Suite 201\nShipMate, Inc.\nShipMate®\n$173.22\nTorrance, CA 90504\nDangerous Goods\nPhone: 310-370-3600\nTraining & Consulting\nShipper's\n• Fax: 310-370-5700\nResponsibil tEmailishipmate@shipmate.com\nFebruary 1, 2006\n06-0041\nMr. Edward T. Mazzullo\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street, SW\nWashington, DC 20590-0001\nSubj:\nRequest for Letter of Interpretation\nDear Mr. Mazzullo:\nSave Coad, Palatin, IL 0067-6266, oh one 80) 44 Pi, ser, Wider-Step ren eroducts Co., 200 East\n-\nwhich is considered \"regulated\" for transport by the manufacturer in Denmark, yet is not regulated for\nThe Petitioner respectfully requests a letter of interpretation regarding the marking and labeling of a product\ntransport in the United States.\nregulated by 49 CFR subchapter C, but which are marked and labeled according to the International Maritime\nTitle 49 CFR, Code of Federal Regulations, §171.12(b)(2) permits substances and articles that are not\nDangerous Goods (IMDG) Code may be shipped within the United States without having to remove the\nmarks and labels.\nThe Petitioner requested an interpretation regarding the classification of the products that it currently offers\nfor transport within the United States. The petitioner believes that the material is not regulated for transport.\nThe Research and Special Programs Administration (RSPA) agreed in their Letter of Interpretation.\n(Enclosure 1)\nbelieves that the IMDG Code excepts the material for transport by special provision, the manufacturer insists\nHowever, the Petitioner also receives material from a manufacturer in Denmark. Although the Petitioner\nand labels each package as such. The Petitioner sent a copy of the enclosed RSPA Letter of Interpretation to\nthat the product is \"regulated\" for transport in Denmark and for export. Accordingly, the manufacturer marks\nboth the manufacturer and the Danish Maritime Authority (DMA). The DMA response made note of the\nmanufacturer's classification yet had no comment on the U.S. interpretation. It appears that the Danish\nof the IMDG Code for export from Denmark. (Enclosure 2)\nMaritime Authority then recognizes the material as a \"regulated\" material for transport under the provisions\nThe Petitioner receives these goods as \"regulated\" materials but intends to reoffer them for transport within\nthe United States as excepted by 49 CFR §172.102, Special Provision 47. However, it is prohibitively\nrequests an interpretation of 49 CFR §171.12(b)(2) which authorizes these materials in be offered for\nexpensive to repackage the materials for transport within the United States. Accordingly, the petitioner\ntransport in the U.S. when described, marked and labeled in accordance with the IMDG Code.\nto its intended destination within the United Sates; however, does this provision allow the same products to Be\nPresumably this provision exists to permit such substances to be imported into the United States and delivered\nreoffered for transport when the shipment originates and terminates within the United States?\nHazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software:\n\n<<<PAGE 4>>>\n\nShipMate*\nTraining r Corsicing\nDangerats Goods\nMr. Edward T. Mazzullo\nSubj: Request for Letter of Interpretation\nFebruary 1, 2006\nPage 2 of 2\nIf the Pipeline and Hazardous Materials Safety Administration (PHMSA) determines that the marks and\nYour assistance in this matter would be most appreciated. If I may be of assistance in any way, please call.\nWe look forward to your response.\nincerely yours\nSteven\nShipMate, Inc.\nCc:\nMr. Michael Sweeney, Weber-Stephen Products Co.\nHazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software","truncated":false,"body_characters":7235}