{"operation":"document","citation":"09-0164","title":"Cytec Industries Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-16","effective_on":null,"summary":"09-0164 response to Cytec Industries Inc. concerning 171.22, 171.25, 176.76.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090164.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Andrews Bethmann\nCytec Supply Chain\nCytec Industries Inc.\n5 Garret Mountain Plaza\nWest Patterson, NJ 07424\nRef No.: 09-0164\nDear Mr. Bethmann:\nThis is in response to your June 4, 2009 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR 171-180) as they pertain to securing hazardous\nmaterials within freight containers. Specifically, you requested a confirmation that your\nCordstrap O load bracing system is excepted from the requirements of 5 176.76(a) provided\nthat the freight container is shipped internationally by vessel and the provisions of 7.5.2.2 of\nthe IMDG Code are met.\nYou are correct. As provided in $5 171.22 and 171.25, a hazardous material that is packaged,\nmarked, classed, labeled, placarded, described, stowed and segregated, and certified in\naccordance with the IMDG Code may be offered and accepted for transportation and\ntransported within the United States subject to certain conditions and limitations. Since none\nof these conditions and limitations include specific compliance with 5 176.76(a), a\ncontainerized shipment that is transported internationally by vessel may be packed and\nsecured in accordance with 7.5.2.2 of the IMDG Code instead of the specific requirements of\n5 176.76(a).\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nCYTEC INDUSTRIES INC.\nFive Garret Mountain Plaza\nWest Paterson, NJ 07424\nTel. (973) 357-31 00\nAndrew Bethrnann\nCytec Supply Chain\nCytec Industries Inc.\n5 Garret Mountain Plaza\nWest Paterson, NJ 07424\nJune 4,2009\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH- 10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nThis letter is an effort to obtain clarification on cordstrap@ load bracing systems. We have recently experienced\nseveral rejections of loads in the Port of Houston that were braced with the cordstrap@ restraint system comprised\nof Cordstrap CC105 Heavy Duty Strapping and Cordstrap CB10 Buckles. You can find additional information on\nCordstrap's products at http://www.cordstrap.net/.\nDuring my follow up on these rejections, it has become clear that the root causes of the rejections are\nunfamiliarity with the bracing system and questions on whether or not the bracing system falls under the\nperformance based standards in the IMDG Code 3 7.5.2.2. I have been in discussions with the NCB, who issued\nthe Inspection Reports of the rejected containers; CDR Johnson, D8 Inspections and Investigations; and LCDR\nLincoln, USCG CITAT. The end result of our lengthy communications is that I am requesting that the Office of\nHazardous Materials Standards issue a letter confirming that:\n1) Cordstrap products CC105 strapping and CB 10 buckles are in fact exempt from 49 CFR 3 176.76 (a).\n2) Cordstrap products CC105 strapping and CB 10 buckles do not require an exemption as explained in\nUSCG Letter 16703/IMO/IMDGC and DOT PHMSA Interpretation Numbers 00-0317 and 03-0095.\nLCDR Lincoln instructed that I would need to contact you directly for this request as any formal response letter\nfrom the U.S. Competent Authority would have to come from your office.\nI do realize that the DOT PHMSA Interpretations 00-0317 and 03-0095 address points 1 and 2 above. However, I\nwould like to confirm that Cordstrap products CC105 strapping and CB10 buckles fall into this category. My\ndesire is that by obtaining clarification from the Office of Hazardous Materials Standards, we can avoid any\nconfusion and rejections in the future.\nAlso, as suggested by LCDR Lincoln, I am sending a similar letter to the USCG Commandant's Office to get the\nUSCG's input.\nPage 1 of 2\n\n<<<PAGE 3>>>\n\nCYTEC INDUSTRIES INC.\nFive Garret Mountain Plaza\nWest Paterson, NJ 07424\nTel. (973) 357-31 00\nThank you in advance for your consideration on this issue. If you need any additional information or have any\nquestions, please do not hesitate to contact me. I feel confident that we have exhausted all available options up\nuntil this point, and that clarification from your office will help provide the resolution we're looking for. I look\nforward to hearing your response.\nAndrew Bethmann\nCytec Supply Chain\n(973) 357-3257\nPage 2 of 2","truncated":false,"body_characters":4518}