{"operation":"document","citation":"08-0190","title":"Cytec Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-07","effective_on":null,"summary":"08-0190 response to Cytec Industries, Inc. concerning 171.22, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0190.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0190.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0190","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080190.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave., S.E\nWashington. DC 20590\nJAN 7 2009\nMr. James Sompii\nCytec Industries, Inc.\n5 Garrett Mountain Plaza\nWest Patterson, New Jersey 07424\nRef. No.: 08-01 90\nDear Mr. Sompii:\nThis is in response to your July 17,2008 letter asking about the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to a shipment of\nhazardous materials by vessel that originates and terminates outside of the United States, is\nprepared in accordance with the International Dangerous Goods Code (IMDG Code), and\nwhich is never unloaded from the vessel while in the United States.\nThe HMR apply to the commercial transportation of hazardous materials to, from, or within\nthe United States, including the navigable waters of the United States, even when a\nshipment is never unloaded from the vessel. However, tj 171.22(a) authorizes the use of the\nIMDG Code as an equivalent to the HMR, when: (1) all or part of the transportation is by\nvessel; and (2) the shipment complies with the conditions, limitations, and zdditional\nrequirements set forth in $9 171.22(b)-(g), 171.23, and 171.25.\nIn particular, any additional or differing shipping paper and placarding requirements in\nsubparts C and F of 49 CFR part 172, respectively, do not apply to a shipment of hazardous\nmaterials prepared in accordance with the IMDG Code which is never unloaded from the\nvessel in the United States. As provided in tj 171.25(d)(l), these requirements apply only\nto a shipment of hazardous material that is offered, accepted, and transported by motor\nvehicle within the U.S. port area.\nI hope this answers your inquiry.\nStandards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nas- 0190\nCYTEC INDUSTRIES INC.\nFive Garret Mountain Plaza\nWest Paterson, NJ 07424\nTel: (973) 357-31 00\nJuly 17, 2008\nMr. Edward Mazzullo\nOFFICE OF\nHAZARDOUS MATERIALS\nSTANDARDS\nPHH-10\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Mazzullo:\nWe are requesting clarification of the Hazardous Materials Regulations (HMR) as applies to\nshipments which originate and terminate outside the US, shipped according to the IMDG Code\nand which never leave the ship in the US.\nIt is understood that 49 CFR 171.25 (d)(2) provides relief from the emergency telephone number\nrequirement in this situation.\nWhat is unclear is that 49 CFR 171.25(d)(l) requires conformance with 49 CFR Part 172\nSubparts C and F for materials transported within a port area by motor vehicle but makes no\nmention of the requirements for materials which remain on the ship while in a US port.\nAre shipments of materials which originate and terminate in ports outside the United States,\nshipped according to the IMDG Code and which never leave .the ship while in a US port subject to\nthe HMR? If so, which regulations apply?\nSincerely,\nJames Somppi\nDirector, Americas Logistics & Global Network\nCytec Industries Inc.","truncated":false,"body_characters":3102}