Safcomar, Inc. — Hazardous Materials Safety Interpretation

Page 1u.s. Department 1200 New Jersey Ave., SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration DEC 03 2009 Mr. Alex Henderson Ocean Transport Manager Safcomar, Inc. 75 Montgomery Street, Suite 301 Jersey City, NJ 07302 Reference No. 09-0252 Dear Mr. Henderson: This is in response to your October 26, 2009 letter concerning the requirements for segregating hazardous materials on a motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if the HMR prohibit all Division 6.1 (poisonous) materials from being loaded on the same motor vehicle with a Class 3 flammable liquid or only those that are liquid and meet the definition of Packing Group (PG) I, Hazard Zone A, prescribed in § 173. 133(a)(2). The HMR prohibit only those Division 6.1 liquids that meet the definition of a Packing Group (PG) I, Hazard Zone A material from being loaded on the same motor vehicle with a Class 3 flammable liquid. Unless an exception exists elsewhere in the HMR, hazardous materials transported by motor vehicle must be stored, loaded, or transported as specified in the "Segregation Table for Hazardous Materials" (Segregation Table) prescribed in § 177 .848( d). The letter "X" appears in the entry on the Segregation Table for liquid, PG I, Hazard Zone A, Division 6.1 materials and Class 3 liquids, which indicates that these materials may not be loaded, transported, or stored together in the same transport vehicle or storage facility during the course of transportation. However, please note that materials classed as Division 6.1 PG I, Hazard Zone B, C, or D, or PG II or PG III have no restrictions with other hazardous materials, as pointed out in the instructions for using the Segregation Table (see § 177.848(e)), but may not be transported on the same vehicle with materials marked as or known to be foodstuffs, feed, or any other edible material intended for consumption by humans or animals. See § 177.841(e)(3). I hope this satisfies your request. Si~ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Safcomar Inc. 75 Montgomery Street Suite ;301 FMC OTI LIe. No. 15926 F Jersey City, New Jersey 07302 Phone 201-332-8700 Fax 201-332-8740 E·Maii safinc@safcomar.ccm Internet www.safoomar.can f-,dmonson ~177 . 8t.{8 . 5 ~r€f1C(. h CYl ()If-()~5z.. Monday, October 26,2009 Dar US DOT PHMS, We were considering shipping two products together for road transportation however, we had a disagreement about the regulations and we felt that we should have your opinion on this before we proceeded . . Item # 1: UN 2811 TOXIC SOLD, ORGANIC, N.O.S., {BENZOPYRROLE}, CLASS 6.1, PG III, 100 CC. Item #2: UN 3272, ESTERS, N.O.S. (HEXENYLV ACETATE), CLASS 3, PG III, 57CC The question is whether it is prohibited to combine all class 6.1 and class 3 or just Poisonous liquids PG I Zone A and class 3 and can these two shipments be combined together for road transport ? Thank you for your time. Sincerely, Alex Henderson Ocean Transport Manager Intercontinental Freight Forwarder· Ocean Freight NVOCC· Air Freight • Consolidator, Customs Broker· European Warehousing and Distribution Safcomar Inc., is a member of the Geneva Logistics Group SA, Switzerland#