Hapag-Lloyd (America) Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Departmen of Transportatior 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety JUN 2 8 2007 Mr. Robert F. Ahlborn Ref. No. 07-0039 Hapag-Lloyd (America) Manager, Hazardous Materials 399 Hoes Lane Inc. Piscataway, NJ 08854 Dear Mr. Ahlborn: 2007, requesting the validity of an interpretation This responds to your electronic mail dated February 2, issued to you by this office on May 22, 1995, concerning CFR Parts 171-180) and differences in the Hazardous Materials Regulations (HMR; 49 the International Dangerous Goods You again ask whether a shipping paper certification is Code (IMDG Code) with regard to documentation requirements. necessary for import shipments of hazardous materials at marine terminals in U.S. ports awaiting subsequent transportation. list requirement in paragraph 5.4.3 of Part 5 of the IMDG The answer to your question is yes. The dangerous goods materials loaded Code and in § 176.30 of the HMR apply only to hazardous on board a ship. Once a container is unloaded from a vessel to a marine terminal and is awaiting subsequent transportation or devanning, there is no requirement specified requirement other than the emergency response information in § 172.602 (c) (2). Using a document is permissible when the dangerous goods list meets dangerous goods list to serve as the emergency response the requirements in § 172.602 (c) (2). When subsequent transportation is provided and the required is a shipping paper. container is loaded on a truck or rail car, the document Use of a dangerous goods list to serve as the shipping paper is permissible when the dangerous goods list meets all shipping paper requirements 172.602 c) (z) 070039 176.30#

Page 2and G (shipping papers, including certification and of Part 5 of the IMDG Code or 49 CFR Part 172, Subparts C emergency response, respectively) . I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Drakeford, Carolyn <PHMSA> Sent: From: Gorsky, Susan <PHMSA> To: Tuesday, February 13, 2007 11:30 AN Stevens Subject: Drakeford, Carolyn <PHMSA> $176.30 -W: interpretation Attachments: uscg dg list int.pdf $172.602 Vessel 07-0039 uscg dg list int.pdf (660 KB) Please enter this in the interp system. Thanks. Susan son, ay bay 3, 207 31:07 o: Gorsky, Susan <PHMSA ubject: FW: interpretatio: FYI - Thank you for helping with this! From: Richard, Bob < PHMSA> -----Original Message---..-. To: Pfund, Duane <PHMSA> Sent: Friday, February 02, 2007 11:16 AM Cc: Kelley, Shane <PHMSA›; Bornhorst, R; Mazzullo, Ed Subject: FW: interpretation Duane, Can you review the attached interp and if it is still valid modernize it (attached) and coordinate a draft with PHH-10 and USCG? quickly. I would like to get something back to Bob Bob From: Ahlborn, Robert [mailto:Robert.Ahlborn@hlag.com] •----Original Message-- To: Richard, Bob Sent: Friday, February 02, 2007 9:40 AM Subject: interpretation with regard to marine terminal dg documentation for import shipments. It seems they are we are experiencing problems with a terminal operator and local USCG inspector in Seattle reluctant to accept the attached interpretation as 'RSPA no longer exists', it is more Wonder if the attached interpretation can be reissued under' PHMSA' with updated regulatory section references and who I should direct my request to ? Thanks Bob#