{"operation":"document","citation":"09-0005","title":"BDP International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-01-25","effective_on":null,"summary":"09-0005 response to BDP International, Inc. concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090005.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Avenue. SE\nwashington. DC 20590\nPipeline and Hazardous Materials\nSafety Administration\nJAN 2 5 20llY\nMr. Torsten Helk\nManager\nHazardous Materials and\nExport Compliance\nBDP International, Inc.\n510 Walnut Street\nPhiladelphia, PA 19106\nRef. No. 09-0005\nDear Mr. Helk:\nThis responds to your letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to shipments imported to or exported from the\nUnited States that are regulated as hazardous materials under the HMR, but are not subject to\nregulation under the International Civil Aviation Organization's Technical Instructions for the\nSafe Transport of Dangerous Goods by Air or the International Maritime Dangerous Goods\nCode. Specifically, you ask at what point the jurisdiction of the United States and thus, the\nHMR, begins and ends.\nThe HMR apply to the transportation in commerce of hazardous materials by all modes of\ntransport. As specified in Federal hazardous materials transportation law (Federal hazmat\nlaw; 49 U.S.C. § 5101 et seq.), \"commerce\" means trade or transportation in the jurisdiction\nof the United States between a place in a state or a place outside of the state, that affects trade\nor transportation between a place in a state and a place outside of the state, or on a United\nStates-registered aircraft. Thus, the HMR apply to hazardous materials transported in\ncommerce as that term is defined in Federal hazmat law, including shipments transported by\nvessel in the navigable waters of the United States, as defined in § 171.8.\nShipments entering the United States must conform to all applicable HMR requirements. The\nHMR permit hazardous materials to be offered for transportation and transported by air or\nvessel domestically in the United States in accordance with the international standards or\nregulations if all or part of the transportation is by air or water. This policy promotes\n\n<<<PAGE 2>>>\n\ncompliance with multiple standards or regulations while facilitating international trade. Note,\nhowever, that a material regulated under the HMR that is excepted from or not subject to\nregulation under international standards must be transported in accordance with the HMR.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n~BDP\nPn\n~.J I..j ;' r), I,\ni .1. J1t1S\nINTE,NA IONAL . , ! i -.December\n17, 2008\nOffice ofHazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department ofTransportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nAttn. Office ofHazardous Materials Standards\nRe. request for clarification ofjurisdiction ofTitle 49, Code ofFederal Regulations\nOver the past several months I have received numerous interpretations of the jurisdiction\nof49CFR, which in tum do or can lead to serious complications and in the end to\npossible violations ofthe requirements in 49CFR.\nSpecifically, the problem arises when we are shipping materials that are considered\nHazardous Materials under the US regulations, but that are not considered Hazardous\nunder International regulations, i.e. IMDG, ICAO.\nAt which point does the jurisdiction of49CFR begin or end.\nMy understanding is, that the US regulations become effective, or end, once the\nshipment enters, or leaves the US territorial boundary line (1 8 miles out at sea). Whereas\nother people understand that the US regulations begin, or end once the shipment arrives\nat the port/pier or airport. The implications are far reaching, from marking and labeling\nrequirements to documentation requirements.\nAs an example, a shipment arrives in the US, shipped under international regulations as\nnon-regulated (non-hazardous), but since it is a hazardous material under the US\nregulations, can we now arrange for marking and labeling ofthis material, to bring it into\ncompliance, or is this shipment already in violation ofour regulations?\nOr, on the export side, the shipment is transported in compliance with 49CFR, but when\nit reaches the port, can we remove the hazard markings and labels, or does this action put\nus in vio lation with the US regulations.\nAt what point must the documentation begin to reflect the hazardous material\ninformation, or at what point can we stop to show the hazardous material description?\n\\~\nReiptmtible (are'\niA;&Hh~\"'''l{tJ'WJ'\\;\nGlobal Logistics & Transportation Solutions\n510 Walnut Street, Philadelphia. Pennsylvania 19106 Phone: 215.629.8900 Fax: 215.629.8940\nwww.bdpinternational.com\n\n<<<PAGE 4>>>\n\nHaving researched your database ofLetters ofinterpretation on the Web, and having\nsearched 49CFR for an answer to my dilemma, but not being able to locate the answer, I\nwould greatly appreciate ifyou could give a formal interpretation to guide the shipping\nindustry.\nThank you for your kind consideration. Sincerely Yours,\nBDP International, Inc.\nTorsten Helk\nManager Hazardous Materials\nand Export Compliance","truncated":false,"body_characters":5103}