{"operation":"document","citation":"09-0035","title":"Rohm and Haas Chemicals — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-15","effective_on":null,"summary":"09-0035 response to Rohm and Haas Chemicals concerning 171.22, 171.23.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090035.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\nJUN 5 2009\nMr. Vitaly Volfson\nRohm and H'&S Chemicals\n100 Independence Mall West\nPhiladelphia, PA 19 106\nRef. No. 09-0035\nDear Mr. Volfson:\nThis responds to your February 17,2009 email requesting clarification of the use of the\nInternational Maritime Dangerous Goods (IMDG) Code for transportation of hazardous\nmaterials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80).\nSpecifically, you request clarification of the use of IMDG Code marks and labels for\nintermediate bulk containers (IBCs) imported to or exported from the United States.\nIn a follow-up telephone conversation with a member of my staff, you stated that the IBCs\ncontain liquid hazardous materials and are consolidated in freight containers for vessel\nshipment. You also stated that the transport documents for shipment of these IBCs indicate\nthat they are either shipped directly to a customer facility or shipped to a warehouse to be\nseparated and sent to various facilities. Your questions are paraphrased and answered as\nfollows:\nQ1. For import into the United States by vessel, upon arrival at a port, may an IBC prepared\nfor shipment and,transported in accordance with the IMDG Code continue to be transported\nto its destination with IMDG Code marks and labels?\nAl. Yes, subject to conformance with the IMDG Code and the conditions and limitations of\nPart 171, Subpart C. Note that, for example, 5 171.23 lists requirements for specific\nmaterials and packages transported in accordance with international standards, including the\nIMDG Code. If this section indicates that a package must be marked or labeled in a manner\nthat differs from requirements in the IMDG Code, the marks or labels must be applied before\nthe IBC is transported within the United States.\n-\n42. For IBCs delivered to a customer facility and emptied, how should shipments of the\nempty IBC containing only the residue of a hazardous material be handled? Must the\ncustomer facility transport the IBC in accordance with the HMR?\nA2. As authorized by § 171.22, a hazardous material may be offered for transport and\ntransported to, from, and within the United States by vessel, and by motor carrier and rail\nprior to or subsequent to transport by vessel, in accordance with the IMDG Code provided all\nor part of the movement is by vessel. Thus, an IBC imported by vessel and delivered to a\ncustomer facility under the IMDG Code as authorized by 8 171.22, emptied, and then\n\n<<<PAGE 2>>>\n\nprepared for shipment, may continue to be offered for transportation in accordance with the\nIMDG Code (including marking and labeling) provided all or part of the movement is by\nvessel. This applies to both domestic only shipments and international shipments.\n43. If the imported IBC is first delivered to a warehouse prior to being shipped to a\ncustomer facility, may the IBC continue to be transported with IMDG Code marks and\nlabels?\nA3. If an IBC is delivered to a warehouse used for temporary storage (i.e., storage incidental\nto movement as defined by 9 171.8) as part of the original shipment and then transported to\nits final destination, it may continue to be transported with the IMDG Code marks and labels\nsubject to the conditions and limitations of Part 171, Subpart C. If the warehouse is the final\ndestination of the original import shipment, as indicated by the transport document, then any\nsubsequent shipment of the IBC from the warehouse must be transported in accordance with\nthe HNIR, including applicable marking and labeling requirements. However, as authorized\nby 9 171.22, the subsequent shipment of the IBC to a customer facility may be transported\nunder the IMDG Code provided all or part of the movement is by vessel and subject to the\nconditions and limitations of Part 171, Subpart C.\n44. For export from the United States, may an IBC prepared for shipment and transported in\naccordance with the IMDG Code be transported with IMDG Code marks and labels for the\nsegment of transportation prior to the port of departure?\nA4. Yes, the same requirements apply for export shipment of the IBC as indicated for import\nshipment in A 1.\nQ5. For shipments made under the IMDG Code, must the transport vehicle containing an\nIBC display the UN identification number that is displayed on the IBC?\nA5. Unless required by the IMDG Code under 5.3.2.1.1, the transport vehicle is not required\nto display the UN identification number. When display is not required by the IMDG Code\nand if the identification number marking on the IBC is not visible from the transport vehicle,\nwe recommend that you display the identification number as required by 5 173.33 1 (c) of the\nHMR in order to facilitate the highway or rail transport segment of the shipment.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n(uT~& Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n. ~\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA> ymbC%\nSent:\nTuesday, February 17, 2009 956 AM\nTo:\nDrakeford, Carolyn <PHMSA> ~ C ) - D O ~\nSubject:\nFW: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions,\nHazardous Materials Communications\nCarolyn,\nA Request for written letter of interpretation.\nThanks,\nRob\n----- Original Message-----\nFrom: PHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, February 16, 2009 10:55 AM\nTo: PHMSA HM Infocenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Hazardous Materials Table, Special\nProvisions, Hazardous Materials Communications\nTo Whom It May Concern,\nI am requesting clarification on the use of International Regulations for shipments of\nhazardous materials that are either imported into or exported out of the United States.\nMy understanding of 49CFR 171.22 is that as long as all or part of the shipment is\ntransported by vessel under the IMDG regulations or by air under the ICAO regulations, the\nshipment may be transported within USA under the terms of the IMDG and ICAO, with certain\nrestrictions.\nMy specific questions relates to the global transportation of hazmat in Intermediate Bulk\nContainers (IBC). Under Chapter 5.2 of IMDG regulations, an IBC containing hazmat must be\nproper1y:l) Marked with the proper shipping name including the proper UN number on two\nopposing sides of a container, and 2) Labeled with primary and subsidiary (when required)\nhazard labels near the proper shipping name on two opposing sides for IBC. Under 49 CFR\n172.302, and IBC must be marked with proper Identification number displayed on an Orange\nPanel, a placard, or a white square on point configuration as described in 172.332 and\n172.336. In addition the IBC must be either placarded as provided in 172.514 or\nalternatively labeled with the proper primary and subsidiary hazard labels in accordance\nwith Subpart E of 172.\nAs evident by the description above there is inconsistency in requirements for IBC\nmarking, placarding, and labeling between IMDG and DOT regulations. Most notably, IMDG\nrequires proper shipping name on a package, DOT does not. DOT requires the package to\ndisplay UN number on an orange panel or a placard, IMDG does not. Both IMDG and DOT\npermit labels on IBC's, however DOT requires the proper display of the UN number in\naddition. This inconsistency impedes global flow of hazmat and creates confusion.\nQ1. An IBC is prepared for transportation under terms of IMDG regulations and imported\ninto US. Upon arrival at the port of entry, may the IBC be transported within US to it's\ndestination without first bringing the marking/labeling to compliance with 49CFR\nrequirements? If yes, how would shipments of empty containers containing only the\nresidue of hazmat be handled? If the full containers are received by a facility under\nIMDG provisions, would the shipping location be required to bring the IBC1s to compliance\nwith 49CFR for shipments of residue?\nQ2. If the imported shipment is first delivered to a warehouse prior to being shipped to\nthe customers, may the warehouse continue to offer IBC shipments marked and labeled under\nIMDG requirements or would the IBC's have to be brought to compliance with 49 CFR\nmarking/labeling requirements?\nQ3. An IBC is prepared for transportation under IMDG regulations for export from US. May\nan IBC be transported over highways to the port of departure under the terms of IMDG\nmarking/labeling provisions instead of 49CFR requirements? Would the outside of the\ntransport vehicle be required to display the proper UN number if the IBC1s are marked\nunder the IMDG provisions?\nYour assistance in resolving this inconsistency is greatly appreciated.\n1\n\n<<<PAGE 4>>>\n\nThank You\n-----------\nName: Vitaly Volfson\nOrganization: Rohm and Haas Chemicals\nEmail: Vvolfson@rohmhaas.com\nPhone: 215-592-6947","truncated":false,"body_characters":8935}