{"operation":"document","citation":"12-0021","title":"Hazardous Control, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-07","effective_on":null,"summary":"12-0021 response to Hazardous Control, Inc. concerning 173.220, 176.905.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 072012\nMs. Mabel Natalia Perez\nTraining Instructor\nHazardous Control Inc.\nP.O. Box 522013\nMiami, FL 33152\nReference No.: 12-0021\nDear Ms. Perez:\nThis is in response to your January 11, 2012 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime\nDangerous Goods (IMDG) Code. You ask several questions pertaining to ocean\ntransportation by vessel of UN3166. Your questions are paraphrased and answered as\nfollows:\n01. According to the HMR and the IMDG Code are all vehicles classified as hazardous\nmaterials?\nAI. Both the HMR and the IMDG Code classify vehicles as hazardous materials\n(dangerous goods) under identification number UN3166, however; depending upon how\nthe vehicles are shipped relief may be provided from some or all of the regulations.\n02. Must a shipper's dangerous goods declaration (shipping paper) accompany all\nshipments of vehicles?\nA2. No. Vehicles shipped by vessel in accordance with Special Provision 961 of the\nIMDG Code are not subject to any other provisions of the IMDG Code. Likewise, vehicles\nshipped by vessel in accordance with § 176.905(i) of the HMR are not subject to any other\nrequirements of the HMR. Therefore, vehicles shipped in accordance with these\nprovisions, do not require a shipper's dangerous goods declaration (shipping paper).\nHowever, vehicles shipped by vessel in accordance with Special Provision 962 of the\nIMDG Code are only excepted from the marking, labeling, and placarding provisions of\nthe IMDG Code. Likewise, as provided by § 173.220(h)(2) of the HMR, vehicles shipped\nby vessel in accordance with §§ 176.905(a)(1), 176.905(a)(2), 173.220(c), 173.220(d), and\n173.220(f) of the HMR, as applicable, are also only excepted from the marking, labeling,\nand placarding requirements of the HMR. Therefore, vehicles shipped in accordance with\nthese provisions, are required to have a shipper's dangerous goods declaration (shipping\npaper).\n\n<<<PAGE 2>>>\n\n03. Does IMDG Code Special Provision 961, relating to stowage on a roll-on/roll-off ship\nalso appl y to the HMR?\nA3. Yes. Section 176.905(i)(2) is the HMR section corresponding to Special Provision\n961 of the IMDG Code.\n04. What are the penalties for failure to comply with the HMR?\nA4. The penalties for failure to comply with the requirements of the HMR as they pertain\nto the transportation of hazardous materials are provided in § 107.329(a) of the HMR.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\n\n<<<PAGE 3>>>\n\n1:·1~~\n•••1 HAZARDOUS CONTROL INC.\nPhone: 7863800234 - 305477 1380\nFax: 786 363 2630\nP.O. Box 522013 - Miami, FL 33152\n8600 NW 72 ST - Miami, FL 33166\ncustomerservice@hazardouscontrol,com\nWWW.HAZARDOUSCONTROL.COM\nHAZARDOUS CONTROL INC. IS A COMPANY FOR ALL RELATED WITH HAZARDOUS MA TERIALS\n- SAFE AND PREVENTION IS OUR GOALTO: U,S DEPARTMENT OF TRANSPORTATION\nOFFICE OF HAZARDOUS MATERIAL STANDARDS DATE: JANUARY 11, 2012\n?>a\nb,en\n~ 111. tl.\n-:LfV1Dtq\nl~ -{)() ~I\nThis letter is intended to clarify to our customers the regulations to met ocean transportation on a vessel of the\nfollowing items,\nUN3166, engines internal combustion, flammable gas powered\nUN3166, engines internal combustion, flammable liquid powered\nUN3166, vehicle, flammable gas powered\nUN3166, vehicle, flammable liquid powered\n1, According to Hazardous Material regulation (HMR 49 CFR) and \"IMDG code 35 amendment\" all vehicles are\nclassified as a hazardous material and needs to have ashippers dangerous goods declaration, correct?\n2, When transporting UN3166, IMDG code reads special provision 961, when is the on a roll-stowe on I roll of ship,\nThis also applies to HMR? (Please see the attachment)\n3, Please also clarify the penalties if someone fails to applied the HMR 49 CFR regulation.\nThank you in for your attention in this matter\nBest regards,\nMabel Natalia Perez\nTraining Instructor\nHazardous Control Inc.\n\"Remember that all staff involved in the transport of Dangerous has to have mandatory training based on the regulations (49 CFR ch.1 §172.702),\nhttp://www.hazardouscontrol.com Phone: 786 380 0234 /305 477 1380 Fax: 786 363 2630 P.O. BOX 522013 Mia, FL 33152","truncated":false,"body_characters":4348}