{"operation":"document","citation":"08-0150","title":"Mr. William J. Briner — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-06","effective_on":null,"summary":"08-0150 concerning 171.12, 171.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0150.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0150.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0150","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080150.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAW 0 6 20@9\nMr. William J. Briner\n1324 Westbend Drive\nDardenne Prairie, MO 63368\nRef. No. 08-0150\nDear Mr. Briner:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 17 1 - 180) regarding the authorization and conditions for use\nof international standards and regulations. Specifically, you ask for clarification of the\nrequirement to provide timely and complete written information to forwarding agents at the\nplace of entry into the United States for hazardous materials that are imported into the United\nStates. Your questions are paraphrased and answered as follows:\nQ1. If the requirements in the International Civil Aviation Organization Technical\nInstructions (ICAO TI) or the International Maritime Dangerous Goods Code (IMDG Code)\nare met for a hazardous materials shipment transported into the United States and there are no\nadditional HMR requirements applicable to the shipment, must the requirement in $ 171.22(f)\nfor written information be met?\nAl. Provided there are no additional conditions or requirements as provided in Part 17 1,\nSubpart C, the answer is no. Except for shipments transported into the United States from\nCanada that conform to $ 171.12 (see Cj 171.22(f)), the provision applies to HMR\nrequirements that are specified for a shipment in addition to the requirements of the\ninternational standard or regulation being used.\nQ2. For shipments that have additional HMR requirements, does the following statement meet\nthe written information requirement in $ 17 1.22(f)? \"Compliance with all the provisions of\nICAOIIATA or the IMDG Code for this shipment will also comply with the U.S. DOT\nHazardous Materials Regulations with the following additional requirements (or exceptions).\"\nThis statement would be followed by additional written information to the forwarding agent,\ne.g., additional requirements for PIH materials, combustible liquids, RQs, placarding,\nemergency response information, etc.\nA2. The HMR does not require specific wording to be used to meet the requirement in\n5 171.22(f). Therefore, your proposed wording is acceptable provide it is followed by\nspecific information concerning the applicable additional conditions or requirements imposed.\n\n<<<PAGE 2>>>\n\nQ3. If the additional HMR requirements are included in the ICAO TI under U.S. variations,\nare the variations required to be included in the written information?\nA3. No. U.S. variations included in the international standard or regulation being used are\ncovered by your statement in 42. It is not necessary to repeat the variations in the written\ninformation applicable to the shipment.\nI hope this information is helpful. If you have additional questions, please do not hesitate to\ncontact this office.\nSincerely, a\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nWilliam J. Briner\n1324 Westbend Drive\nDardenne Prairie, MO 63368\n(636) 300- 173 1\nMay 15,2008\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Request for Interpretation Regarding Importer Responsibilities\nDear Mr. Mazzullo:\nI have several questions concerning compliance with 49 CFR 17 1.22(f), the requirement\nfor each person importing a hazardous material into the United States to provide the\nforwarding agent with timely and complete written information as to the requirements of\nthe DOT Hazardous Materials Regulations applicable to the particular shipment.\nQuestion 1 :\nIf the requirements of the ICAO Technical Instructions, for shipments via air, or the\nrequirements of the IMDG Code, for shipments via ocean, satisfy all of the DOT/HMR\nrequirements for a particular shipment with no additional DOT requirements, then is any\nwritten information required under 49 CFR 17 1.22(f), or is this requirement no longer\napplicable for this particular type of shipment?\nQuestion 2:\nIf 49 CFR 1 71.22(f) still requires written information for the type of shipment described\nin Question 1 above, then could this requirement be satisfied with a written statement\nsuch as \"Compliance with all the provisions of ICAOIIATA or the IMDG Code for this\nshipment will also comply with the U.S. DOT Hazardous Materials Regulations.\"?\nQuestion 3:\nFor some shipments which have additional DOT requirements, could the 49 CFR\n17 1.22(f) requirement for written information be satisfied with a statement such as the\nfollowing?\n\"Compliance with all the provisions of ICAOIIATA or the IMDG Code for this shipment\nwill also comply with the U.S. DOT Hazardous Materials Regulations, with the following\n\n<<<PAGE 4>>>\n\nadditional requirements (or exceptions): (followed by additional written information to\nthe forwarding agent, e.g., additional requirements for PIH materials, combustible\nliquids, RQ's, placarding, emergency response information, etc.).\"\nQuestion 4:\nIf additional DOT requirements are already indicated in the ICAO Technical Instructions\nunder the USG State Variations (e-g., concerning RQ's, emergency response information,\nemergency response telephone number), is the person importing the material into the\nUnited States still required to provide specific written information concerning this\nrequirement to the forwarding agent?\nThank you in advance for your guidance.\nSincerely,\nWilliam J. Briner","truncated":false,"body_characters":5648}