{"operation":"document","citation":"08-0225","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-11-19","effective_on":null,"summary":"08-0225 response to Currie Associates, Inc. concerning 171.22, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0225.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0225.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0225","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080225.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWash~ngton, DC 20590\nMr. Jack Currie\nCurrie Associates, Inc.\n10 Hunter Brook Lane\nQueensbury, NY 12804\nRef. No.: 08-0225\nDear Mr. Currie:\nThis responds to your e-mail transmission to Mr. Bob Richard requesting clarification of\nvarious questions concerning the requirements for the authorization to use international\nstandards and regulations under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n17 1 - 1 80). Your questions are paraphrased and answered as follows:\nQl . Section 17 1.22(f)(2) states that May 4,2009 is the compliance date for the requirement\nto provide a shipper's certification. What does this mean considering the requirement was\nalready specified in 8 1 72.204?\nAl. Prior to the publication of the final rule, HM-215F, published on May 3,2007 (72 FR\n25 162), the requirement did not apply to Canada's Transport of Dangerous Goods\nRegulations (TDG Regulations). In HM-215F, we adopted the requirement to include all\ninternational standards, including the TDG Regulations. Based on comments received to\nHM-215F, we agreed to give industry an extended compliance date to comply with this\nrequirement. Because of the considerable reformatting of the international sections, we\nthought it was necessary to include the requirement in 8 171.22 to emphasis the inclusion of\nthe TDG Regulations.\n42. Section 17 1.23(b)(7) states that \"Except for marine pollutants transported in accordance\nwith the International Maritime Dangerous Goods Code (IMDG Code), marine pollutants in\nbulk packages must meet the shipping paper requirements in 172.203(1) and the package\nmarking requirements in 172.322 of this subchapter.\" Does this apply to bulk packagings\ntransported by vessel?\nA2. No. Section 171.23 is not specific to transportation by vessel. The section addresses\nrequirements for specific materials and packagings transported under the International Civil\nAviation Organization's Technical Instructions (ICAO TI), IMDG Code, Transport Canada\nTDG Regulations, and the International Atomic Energy Agency's (IAEA) Regulations.\nParagraph (b)(7) addresses shipments other than the IMDG Code (\"other than those\ntransported in accordance with the IMDG Code\").\n43. In §171.25(b)(l), the second sentence states, \"For transportation by rail or highway prior\nto or subsequent to transportation by vessel, a shipment must conform to the applicable\n\n<<<PAGE 2>>>\n\nrequirements of parts 174 and 177 respectively, of this subchapter, and the motor vehicle or\nrail car must be placarded in accordance with subpart F of part 172 of this subpart.\" The\nword \"subpart\" should read \"subchapter.\"\nA3. We made this correction in the October 1, 2008 rulemaking, HM-244A, an annual direct\nfinal rule that addresses minor corrections and clarifications.\n44. The previous authorization for use of IMDG Code compliant placards is not included in\n5 173.25. Has the authorization been removed?\nA4. The authorization for use of placards conforming to the specifications in the IMDG\nCode placards remains in tj 172.5 19(f).\nQ5. Section 171,25(b)(l) states: \"When a hazardous material regulated by this subchapter for\ntransportation by highway is transported by motor vehicle on a public highway under the\nprovisions of this subpart, the segregation requirements of Part 7, Chapter 2 of the IMDG\nCode are authorized.\" The requirement refers only to transportation by highway; what about\nfreight containers being transported by rail?\nA5. The intent of 5 171.25 is to authorize the stowage and segregation requirements in Part 7\nof the IMDG Code in lieu of the stowage and segregation requirements in Part 176 of the\nHMR. This provision includes freight containers transported by rail. We clarified the\nwording in 5 17 1.25 in the HM-244A final rule.\n46. In tj 17 1.25(b)(l) \"Part 7, Chapter 2\" (of the IMDG Code) should read \"Part 7, Chapter\n7.2\" (Chapter 2 would be a classification chapter).\nA6. We corrected the wording in the HM-244A final rule.\n47. Section 176.3(a) states: \"A carrier may not transport by vessel any shipment of a\nhazardous material that is not prepared for transportation in accordance with parts 172 and\n173 of this subchapter.\" Why is Part 171, Subpart C omitted from this statement?\nA7. Section 176.3 is specific to hazardous materials transported in accordance with the HMR\nand is not an appropriate section for reference to the international standards. Section 176.1 1\naddresses exceptions to the HMR and references Part 171, Subpart C with respect to use of\nthe IMDG Code.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely,\nSusan Gorsky\nRegulations Officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nErrors. Misprints. and oversights\n$171.22(f)(2) May 4.2009 for initial carrier receiving shipper's certification? Doesn't the\ncurrent 1 72.204 require it?\n9 171.23(b)(7) \"Except for marine pollutants transported in accordance with the IMDG\nCode, marine pollutants in bulk packages must meet the shipping paper requirements in\n172.203(1) and the package marking requirements in 172.322 of this subchapter.\"\nWhy only in bulk packagings when we're talking vessel transport? 49 CFR would also\napply to non-bulk by vessel. (Also. since 171.23 ONLY applies to shipments offered for\ntransportation or transported under the ICAO, IMDG Code. TDG Regulation, and IAEA\nso why would an additional requirement be needed?)\n$17 1.25(b)(l) - For transportation by rail or highway to or subsequent to transport by\nvessel, a shipment must conform to parts 174 and 177 respectively and the motor vehicle\nor rail car must be placarded in accordance with subpart F of this subpart.'' (Subpart\nshould read \"subchapter\".) and what about the authorization for use of IMDG Code\ncompliant placards as previously authorized?\n9 17 1.25(b)(l) - When HM subject to this subchapter for transport by highway the\nsegregation requirements of Part 7 of the IMDG code are authorized. What about rail\ntransport of freight containers? This would be a HUGE problem if taken literally!\n5 171.25(b)(l) \" . . ..Part 7, Chapter 2 of the IMDG Code\" should read \"Part 7, Chapter\n7.2\" (Chapter 2 would be a classification chapter)\n8 176.3(a) \"A carrier may not transport by vessel any shipment of a hazardous materia1\nthat is not prepared for transportation in accordance with parts 172 and 173 of this\nsubchapter.\" What about those in compliance with Part 171, Subpart C ?","truncated":false,"body_characters":6538}