{"operation":"document","citation":"10-0249","title":"Manager Cytec Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-01-05","effective_on":null,"summary":"10-0249 response to Manager Cytec Industries, Inc. concerning 171.22, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0249.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0249.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0249","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100249.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nJAN ·5 20n\n1200 New Jersey Ave, SE\nWashington. D.C. 20590\nMr. Charles Schreier\nNorth American Logistics Manager\nCytec Industries, Inc.\nFive Garret Mountain Plaza\nWoodland Park, NJ 07424\nRef. No.: 10-0249\nDear Mr. Schreier:\nThis is in response to your November 10, 2010 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to international shipments of a\nhazardous material when the international regulations differ from the HMR. You explain that the\nmaterial is classed as NA1993, Combustible liquid, n.o.s. in the HMR, but is classed as UN3082,\nEnvironmentally Hazardous Substance, liquid, n.o.s. in the International Maritime Dangerous Goods\n(IMDG) Code, and in both regulations the material is considered a marine pollutant. Specifically,\nyou ask if the material must be shipped as NA1993, Combustible liquid, n.o.s., Marine Pollutant,\nfrom the U.S. point of origin to the destination overseas.\nThe HMR allows import and export shipments ofhazardous materials to be transported in accordance\nwith the IMDG Code in the United States (§ 171.25). Under § 171.22(c), a material designated as a\nhazardous material under the HMR, which is not subject to the requirements of the IMDG Code may\nnot be transported under the IMDG Code within the United States.\nA material that is a marine pollutant, that does not meet any other hazard class definition, and has a\nflashpoint between 141 0 F and 2000 F is classed as Class 9 under the IMDG Code and a Combustible\nliquid under the HMR. Such material is regulated under the IMDG Code and therefore may be\ntransported under the provision of § 171.22(b) as a Class 9 material.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office.\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nW\"V1+-er\nIYTEC\n~/7/.2Z\nAppJ,·cttJ,; I,·ry\nCYTEC INDUSTRIES INC. IO-Ol.tfS\nFive Garret Mountain Plaza\nWoodland Park, N.J. 07424\nTel: (973) 357-3100\nNovember 10, 2010\nIVIr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-1 0)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nWe are requesting clarification regarding the application of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171\n- 180) pertaining to the export of materials in bulk packagings classified as NA1993 combustible liquids which are also\nMarine Pollutants aboard vessel from the United States.\nSection 171.22 (c) requires us to mark, label, and describe the materials as NA 1993 Combustible liquid, n.o.s.,Marine\nPollutant. THE IMDG Code does not regulate Combustible Liquids and thus the product would be shipped as UN3082\nEnvironmentally Hazardous Substance, liquid, n.o.s., Marine Pollutant according to that code.\nWhen our shipments are marked, labeled and described according to 49 CFR 171.22 (c) they are often stopped at the\nport by the freight forwarder or ocean shipping line who then state that as the shipment does not comply with the IMDG\nCode it cannot proceed unless it is relabeled and documented to comply only with the IMDG Code as UN 3082\nEnvironmentally Hazardous Substance, liquid, n.o.s., Marine Pollutant.\nWe have been in contact with PHMSAs Hazardous Materials Information Center who has stated, as we believe that the\nshipment must be marked, labeled, and described as NA1993 Combustible liquid, n.o.s., Marine Pollutant.\nIt appears the US regulations clearly dictate how to proceed if the material we are shipping is regulated by either domestic\nor international regulations, but we do not find clear guidance what to do when a material is classified by both and the two\nclassifications are not in alignment.\nWe request clarification of the requirements for shipment of these materials from the pOint of origin to the port and then\nfrom the port to their destination outside the US when transported by vessel. Are we correct in our interpretation that they\nmust be shipped as NA1993 Combustible liquid, n.o.s., Marine Pollutant from the US point of origin to the destination\noverseas?\nSincerely,\nCharlie Schreier\nE-mail -Charlie.schreier@cytec.com\nNorth America Logistics Manager\nCytec Industries Inc.\nPhone - (203)-509-7931","truncated":false,"body_characters":4382}