Guidanceguidance
08-0118
Seaboard Marine Ltd. — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUL 2 3 2008 1200 New Jersey Ave , S E Wash~ngron DC 20590 Mr. John Plasencia Seaboard Marine Ltd. 8001 NW 79 Avenue Miami, FL 33 166 Ref. No. 08-0 1 18 Dear Mr. Plasencia: This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) regarding aerosols that are shipped in accordance with the International Maritime Dangerous Goods Code (IMDG Code). Specifically, you ask whether aerosols with a capacity of more than 1 L may be transported to, from or within the United States in accordance with the IMDG Code if the aerosols meet the conditions in 4 1 7 1.23(b)(l). Provided the shipment also conforms to the applicable requirements in 4 4 17 1.22, "Authorization and conditions for the use of international standards and regulations," and 171.25, "Additional requirements for the use of the IMDG Code," aerosols shipped under the proper shipping name "Aerosol," LN1950, meeting the conditions in 4 17 1.23(b)(l)may be transported to, from or within the United States under the IMDG Code. I hope this information is helpful. Please contact this office if you have additional questions. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#
Page 2Drakeford. Carolvn <PHMSA> From: Sent: To: Cc: Subject: INFOCNTR <PHMSA> Tuesday, April 29, 2008 2:28 PM Drakeford, Carolyn <PHMSA> 6F0118 'JOHN-PLASENCIA@SEABOARDMARlNE.COM' REQUEST FOR INTERP: FW: Information Center Comments/Questions Carolyn, Thanks, Rob This gentleman would like a written letter of interpretation on the topics listed below. ----- Original Message----- From: JOHN PLASENCIA@SEABOARDMARINE.COM [mailto:JOHN - PLASENCIA@SEABOARDMARINE.COM] Sent: ~uesda~, April 29, 2008 11:26 AM To: INFOCNTR <PHMSA> Subject: Information Center Cornrnents/Questions Below is the result of your feedback form. It was submitted by JOHN PLASENCIA (JOHN - PLASENCIA@SEABOARDMARINE.COM) on Tuesday, April 29, 2008 at 11:26:11. Email: JOHN - PLASENCIA@SEABOARDMARINE.COM Name: JOHN PLASENCIA Category: General Information, Regulations, and Definitions (Sections 171.1 - 171.26) Organization: SEABOARD MARINE, LTD Street: 8001 NW 79 AVE City: MIAMI State: Florida Zip Code: 33166 Phone: 305-37C-5110 Comments: SUB-CA'PEGORY: IMDG Shipments TOPIC: UN 1950, Aerosols, capacity above 1L REF CITES: 171.8, 171.23 (b) (1) SCENARIO: An IMDG shipment (to, from, or within the U.S.) of aerosols with a capacity above 1 L, but otherwise meets the requirements of 171.23 (b)(l), as follows: 1. A non-refillable receptacle; 2. Containing a gas compressed, liquefied, or dissolved under pressure, of which the sole purpose is to expel: a. A non-poisonous (except for a 6.1 PG 111) liquid, paste, or powder; 3. Fitted with a self-closing release device * Note: In addition, if aerosol exceeds 7.22 cubic inches, then it must be in metal packaging QUESTION: Is transportation of the aforementioned shipment acceptable to, from, or within 1#
Page 3COMMENTS: I respectfully request a written interpretation on this issue. Thank you in advance.#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.