{"operation":"document","citation":"12-0169","title":"LANXESS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-18","effective_on":null,"summary":"12-0169 response to LANXESS Corporation concerning 171.1, 171.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0169.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0169.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0169","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120169.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWash1ngton. DC 20590\nOCT 1 8 2012\nMs. Cyndi Fink\nDistribution Safety Manager\nIndustrial and Environmental Affairs\nLANXESS Corporation\n111 RIDC Park West Drive\nPittsburgh, PA 15275\nReference No. 12-0169\nDear Ms. Fink:\nThis is in response to your August 1, 2012 letter requesting clarification on how to apply the\nexception in § 171.4( c) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\nto a marine pollutant shipment described as \"UN 3077, Environmentally hazardous substance,\nsolid, n.o.s., 9 (miscellaneous), PG III\" in non·bulk packagings. You state this material is\ntransported in a freight container that is imported into a United States port by vessel under one\nshipping paper and to its eventual destination by motor vehicle under another shipping paper.\nWe have paraphrased your questions and answered them in the order you provided.\nQ 1. Since the original vessel shipping paper terminates at the port, is the material still\nconsidered a Class 9 material for the portion of its transpmiation between the port and\nthe final destination (e.g., our warehouse or a customer)?\nA 1. Provided the material meets the definition of no other hazard class under the HMR and\nis not a hazardous substance or a hazardous waste, a marine pollutant material that is\ntransported in the United States in non· bulk packages in a manner in which no portion\nof its transportation occurs by vessel is no longer regulated as a Class 9 material under\nthe HMR (see§ 171.4(c)).\nQ2. Should the shipping paper for tbe land portion of the material's transportation indicate\nthat the material is still regulated?\nA2. The answer is no. See A 1.\nQ3. Does the tem1ination of the vessel shipping paper and subsequent issuing of a new land\nshipping paper have any bearing on how§ 171.4( c) is applied?\n\n<<<PAGE 2>>>\n\nA3. Q4. A4. The answer is yes. Under§ 171.l(c), the transportation of a hazardous material begins\nwhen it is offered for shipment to the carrier and the carrier takes possession of the\npackage that contains the material. Transportation of the material ends when the\npackage is delivered to the final destination indicated on the shipping document,\npackage marking, or other medium, the carrier relinquishes possession of the package,\nand the carrier is no longer responsible for performing functions subject to the HMR for\nthat particular package. In the example you provided, the final destination indicated on\nthe first shipping paper is the United States port. Therefore, from the time the packages\nof marine pollutant enter United States territorial waters until they are delivered to the\nport stated on the shipping paper and the carrier relinquishes possession, the shipment\nmust comply with all applicable requirements prescribed for marine pollutants under the\nHMR.\nWhat is the final destination of this material-is it the port or is it the location of our\ncustomer or warehouse?\nBased on the information you provided in your example, the final destination of the\nmaterial described in the first shipping paper is the designated port; the final destination\nof the material described in the second shipping paper is the customer or warehouse.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nLANXESS\nEnergizing Chemistry\nEdvn6nsoh\n~ 17/.1@)\nfl/lartne Po(/ufanfs\n/6Koep-hons\n1:2- tJ 16 'I\nSubject: Request for Letter of Interpretation\nRe: 49 CFR 171.4(c)\nDear Mr. Betts:\nI am seeking a Letter of Interpretation to clarify 49 CFR 171.4(c) regarding import by vessel and\nsubsequent land transport of UN 3077, Class .9, PG Ill, Environmentally Hazardous Substance, Solid,\nwhich is considered a marine pollutant.\nOur material is shipped via vessel container in non-bulk packages, and arrives at the designated port. At\nthe port, the sealed containers are transferred to a vehicle and transported to our warehouse or customer\nlocation for delivery and/or storage.\nDuring vessel transport, the containers, individual packages, and paperwork use the proper hazardous\nmaterial designation of UN 3077/Ciass 9/PG 111/MC!rine Pollutant per IMDG code. Upon arrival at the port,\nthe original vessel bill of lading is terminated, ahd ttie material is turned over to a freight forwarding\nservice for transport to our warehouse or customer location. A new land bill of lading is issued for this\nsubsequent transport from the port.\nThe original vessel bill indicates the \"shipper\" as the non-US manufacturing location, \"consignee\" as our\nUS-based corporate headquarters, with the port as final destination for vessel bill. The land bill indicates\nthe \"shipper\" as our freight forwarding service at the port, and the \"consignee\" as our US-based\nwarehouse location or customer (final destination for land bill).\n171.4(c) indicates that the non-bulk material is still covered by the HMR because part of its journey was\nvia vessel. Since we terminate the original vessel bill of lading at the port, is the material still considered\na regulated Class 9 material for its transfer between the port and the final destination (warehouse or\ncustomer)? Should the new land bill of lading indicate the material is still regulated? Does the\ntermination of the vessel bill and subsequent issuing of a new land bill have any bearing on how 171.4(c)\nis applied?\nTo further clarify, what is the \"final destination\" of this material? Since the ocean bill is terminated at the\nport when the material is turned over to our freight forwarding agent, is the port the final destination? Or\nis the final destination at our customer or warehouse? Per the US DOT Maritime Administration Glossary\nof Shipping Terms (May 2008), one definition of \"Destination\" is \"the place where a carrier actually turns\nover cargo to a consignee or his agent.\" Therefore, I believe the \"final destination\" to be the location\nwhere the shipper provides the cargo to our agent, i.e., the port is the final destination per the vessel bill\nof lading. Do you concur?\nAny assistance you can provide in clarifying these rules would be appreciated. Thank you in advance.\nAugust 1, 2012\nLANXESS Corporation\nCyndi Fink\nIndustrial and Environmental Affairs\n111 RIDC Park West Drive\nPittsburgh, PA 15275\nPhone: 412-809-4774\nFax: 412-809-1056\nEmail: cyndi.fink@ lanxess.com\nwww.us.lanxess.com\n~~\nCynai Fink\nDistribution Safety Manager\nPage 1 of 1","truncated":false,"body_characters":6692}