{"operation":"document","citation":"12-0253","title":"Chevron Phillips Chemical Co. LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-08","effective_on":null,"summary":"12-0253 response to Chevron Phillips Chemical Co. LP concerning 171.25, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0253.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0253.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0253","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120253.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 0 6 2013\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Joel T. Robertson\nDistribution Safety Specialist\nRoom 5113A\nChevron Phillips Chemical Co. LP\n10001 Six Pines Drive\nThe Woodlands, TX 77380\nReference No.: 12-0253\nDear Mr. Robertson:\nThis is in response to your November 9, 2012 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the\ntransportation of hazardous materials in commerce in accordance with the International\nMaritime Dangerous Goods (IMDG) Code. You ask if a portable tank received in the United\nStates via vessel from a foreign shipper and in compliance with the IMDG Code may\ncontinue to be transported within the United States in accordance with the IMDG Code to its\npoint of destination, regardless of whether it has been temporarily stored at the logistic\ncompany's terminal.\nWhether or not a vessel shipment can continue to move in the United States in accordance\nwith the IMDG Code is based on the final destination shown on the shipping document.\nSection 171.8 of the HMR defines transportation as the movement of property and loading,\nunloading, or storage incidental to that movement.\nFurther, § 171.8 also provides that storage incidental to movement includes storage at a\ntransloading facility provided the shipping documentation identifies the shipment as a\nthrough-shipment and identifies the final destination of the hazardous material. It does not\ninclude storage of a hazardous material at its final destination as shown on the shipping\ndocument.\nFinally, § 171.25(a) of the HMR provides that a hazardous material may be offered for\ntransportation or transported to, from or within the United States by vessel , and by motor\ncarrier and rail in accordance with the IMDG Code provided all or part of such movement is\nby vessel.\n\n<<<PAGE 2>>>\n\nTherefore, following vessel transport, if the shipping document identifies the shipment as a\nthrough-shipment and identifies the final destination of the movement to be other than the\nlogistic company's terminal, the shipment may continue to that final destination point in\naccordance with the IMDG Code. However, if the shipping document identifies the logistic\ncompany's terminal as the final destination of the hazardous material, the shipment must be\nbrought into full compliance with the HMR prior to any further movement.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nsru ._...,_-\"'TJ\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nImportance:\nBetts, Charles (PHMSA)\nFriday, November09, 20121:28 PM\nRobertson, Joel T\nDrakeford, Carolyn (PHMSA)\nRE: Portable Tanks arriving at US Ports complying with the IMDG regulations-- Request for\nInterpretation\nHigh\nGood afternoon Mr. Robertson-\nWe are in receipt of your request for interpretation. Your request will be logged and assigned to a specialist for\nresponse. Please note that a response generally takes 4 to 6 weeks depending on the complexity of the issue and the\nvolume of letters being worked on.\nThanks,\nCharles\nFrom: Robertson, Joel T [mailto:roberjt@cpchem.com]\nSent: Friday, November 09, 2012 1:12PM\nTo: Betts, Charles (PHMSA)\nSubject: Portable Tanks arriving at US Ports complying with the IMDG regulations -- Request for Interpretation\nDear Mr. Betts:\nI was recently asked a question as to whether the application of IMDG placards, labels and markings to\nintermodal portable tanks by foreign shippers would satisfy the US DOT requirements for hazardous\nmaterials transportation upon arrival at US Ports and subsequent transport to their ultimate\ndestinations?\nI conducted a literature search of the PHMSA website for applicable interpretations that I might use as\nan affirmative regulatory reference.\nI found the following interpretations:\n1. Reference No. 02-0175, dated 12/12/2001 to Gulf States lntermodal- \"Text indicating a hazard on a\nplacard , other than the RADIOACTIVE, DANGEROUS or OXYGEN placards are not required. When\nhazardous materials are offered for transportation or transported under the provisions of § 171.12 ,\nimport/export regulations by water, a placard conforming to the specifications of in the IMDG Code may\nbe used in place of a corresponding placard which conforms to the placarding requirements of HMR,\n***.\" Placards conforming to the specifications of the IMDG Code may contain foreign language\ninscriptions or text indicating a hazard, (e.g. text displayed in French, Japanese, etc., words. (See§§\n171.12 and 172.519).\"\n2. Reference No. 06-007 4, dated 08.10.2006 to Hyundai American Shipping Agency- \"In response to\nyour letter of March 3, 2006 letter requesting clarification of the Hazardous Materials Regulations\n(HMR: 49 CFR Parts 171-180) regarding placarding requirements for hazardous materials shipments\n1\n\n<<<PAGE 4>>>\n\nthat are being offered for transportation with the provisions of the International Maritime Dangerous\nGoods (IMDG) Code. Specifically you asked if a shipment prepared in accordance with the IMDG\nCode must meet the requirements of §172.516. ***As provided in §171.12 (b) a hazardous material\nthat is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and\ncertified in accordance with the MDG Code may be offered and accepted for transportation and\ntransported within the United States subject to the conditions and limitations specified in §171.12 (b)\n(1)- (22). ***Thus a shipment prepared in accordance with the IMDG Code need not meet the\nrequirements in §172.516. \"***\n3. Reference No. 06-0078, dated 08.24.2006 to Air Products and Chemicals Inc.- \"Section §171.12 (b)\nof the HMR permits transportation in the United States of a material the is packaged, marked, classed,\nlabeled, placarded, described, stowed, and segregated, and certified in accordance with the IMDG\nCode, provided that all or part of the transportation is by vessel. \"\nAlthough 49 CFR §171.12 (b) no longer refers to the acceptance by the US DOT of the IMDG\ncompliant placards, marks and labels, the application of the international regulations, the IMDG\nreference is now found in 49 CFR §§ 171.22 and 171.25, Authorization and Conditions for the use of\ninternational standards and regulations. \"(a) Authorized international standards and\nregulations. This subpart authorizes, with certain conditions, and limitations, the offering for\ntransportation and the transportation in commerce of hazardous materials in accordance with\nthe International Civil Aviation Organization's Technical Instructions for the Safe Transport of\nDangerous Goods by Air (ICAO) Technical Instructions, the International Maritime Dangerous\nGoods Code (IMDG Code), Transport Canada's Transport of Dangerous Goods Regulations\n(Transport Canada TOG Regulations), and the International Atomic Energy Agency Regulations for the\nSafe Transport of Radioactive Material (IAEA Regulations), (IBR See §171.7).\"\nThe other IMDG reference is currently found in 49 CFR §171.25, (a) \"A hazardous material may\nbe offered for transportation or transported to, from or within the United States bv vessel, and\nby motor carrier and rail in accordance with the IMDG Code (IBR, see § 171. 7), as authorized in\n§ 171.22, provided all or part of the movement is by vessel. Such shipments must conform to\nthe requirements in§ 171.22, as applicable, and this section. (b) Limitations on the use of\ninternational standards and regulations . A hazardous material that is offered for transportation or\ntransported in accordance with the international standards and regulations authorized in paragraph (a)\nof this section- (1) Is subject to the requirements of the applicable international standard or regulation\nand must be offered for transportation or transported in conformance with the applicable standard or\nregulation; and (2) Must conform to all applicable requirements of this subpart.\"\nSpecifically we receive international shipments, often intermodal portable tanks that contain hazardous\nmaterials/dangerous goods. These shipments arrive at the local port in compliance with the IMDG\nCode and are marked, labeled and placarded accordingly. Sometimes we will direct them to our\nlogistics contractor for short term interim storage at their local terminal until we assign them to a final\ndestination, often a matter of days. Our contractor recently felt there was a need, in order to be in\ncompliance with the DOT regulations, to re-placard and re-mark these portable tanks before delivering\nthem to their final destination and of course that means we incur additional cost and sometimes\ndelays.\nI disagreed with that practice, because the DOT regulations specifically indicate in that IMDG placards\nand markings may be used when hazardous materials are offered for transportation or transported to,\nfrom or within the United States by vessel and by motor carrier and rail in accordance with the IMDG\nCode provided that all or part of the movement is by vessel.\n2\n\n<<<PAGE 5>>>\n\nThe contractor stated that he contacted the DOT Information Center and was told that the IMDG\n.placards and markings could only remain on the shipment to the first leg of the trip indicated on the\nshipping papers and if the shipping papers indicated the logistics company's terminal as the destination\nthat's as far as the IMDG Code applies. However, neither the DOT regulations or the any of the\ninterpretation history that is on the PHMSA website mention anything about a first leg destination, in\nfact just the opposite is true, and as long as the IMDG Code is complied with and all or part of the\nmovement is by vessel, the shipment of hazardous material may be offered for transportation or\ntransported to, from or within the United States by motor carrier when the portable tanks were properly\nIMDG placarded, marked or labeled ..\nAt the local terminal, the portable tanks are not opened for sampling or partial unloading and are\nundisturbed and remain sealed as received from the foreign shippers.\nI would appreciate your interpretation of the following question based on 49 CFR §§171.22 and 171.25:\n1. May properly labeled, marked and placarded portable tanks containing hazardous materials/dangerous\ngoods, received in the United States via ocean from foreign shippers, that remain in compliance with\nthe IMDG Code, be transported within the United States to a point where they are to be unloaded,\nwithout the necessity of being required to be DOT re-placarded, re-marked and/or re-labeled, as long\nas the portable tanks have not been opened for any reason since leaving the shipper? (original sealls\nintact)\nThank you for your kind assistance.\nSincerely,\nJoeiT.Robertson\nDistribution Safety Specialist\nRoom 5113A\nChevron Phillips Chemical Co. LP\n10001 Six Pines Drive\nThe Woodlands,TX 77380\n832-813-4483 office 1832-813-4411 fax\nroberjt@cpchem .com\n3","truncated":false,"body_characters":11027}