{"operation":"document","citation":"13-0020","title":"Cytec Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-13","effective_on":null,"summary":"13-0020 response to Cytec Industries, Inc. concerning 171.22, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130020.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAY 132013\nMr. Dwayne McNally\nNorth American Logistics Manager\nCytec Industries Inc.\nP.O. Box 425\nSouth Cherry Street\nWallingford, CT 06492\nReference No.: 13-0020\nDear Mr. McNally:\nThis is in response to your January 21, 2013 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You present a scenario involving an\nexport shipment of combustible liquids in IBC's and ask about the ability to remove\nplacards from the cargo transport unit in the port. You ask if it is permissible to remove\nplacards from your export transport vehicle containing combustible liquids at the port of\ndeparture, and to offer the shipment in accordance with the International Maritime\nDangerous Goods Code (IMDG) Code as not regulated even though the IBC's inside the\ncargo transport unit would be placarded NA 1993. You state it is your opinion that\n§ 171.25( d) provides relief in port areas that would allow you to remove the NA 1993\nplacards from the container and the shipment would continue on to the ship and its final\ninternational destination using documentation showing the materials as non-dangerous\ngoods.\nYour understanding of the HMR requirements regarding placarding requirements for export\nof combustible liquid shipments is incorrect. Under § 171.22( c), a material designated as a\nhazardous material under the HMR, which is not subject to the requirements of the IMDG\nCode may not be transported under the IMDG Code within the United States and must be\ntransported in accordance with all applicable requirements of the HMR while in the United\nStates.\nI trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\n~i!~-\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10, U.S. Department of Transportation\n400 7th Street SW.\nWashington, DC 20590-0001\nDear Sir or Madam:\nWe are requesting clarification of the Hazardous materials Regulations (HMR) for the\nfollowing scenario:\nThe shipment is an intermodal container load of IBCs containing a NA 1993\nCombustible Liquid n.o.s. We understand that it must be shipped from the point of origin\nwithin the United States to the US port of departure according to the HMR as stated in\n172.22(c).\nThe material is not regulated according to the IMDG Code.\n49 CFR 171.25( d) seems to provide relief in the port which leads us to believe that once\nthe container is in the port we would be able to remove the NA 1993 placards. The\nshipment would continue onto the ship and on to the final international destination using\ndocumentation showing the material as non-dangerous goods as allowed by the IMDG\nCode. We believe 172.401(d)(2) allows the markings to remain on the IBC's.\nSo to summarize we would like to know if would be permissible by PHMSA to remove\nthe placards from the export container, at the port of departure, and ship via IMDG as\nnot regulated even though the IBC's inside the container would be placarded NA 1993?\nY~rt,~p~\nDwayne McNally\nE-mail - dwayne.mcnally@cytec.com\nNorth American Logistics Manager\n203-641-0586","truncated":false,"body_characters":3322}