Shore Side Safety and Hazardous Material Reviews — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Michael Lesser Shore Side Safety and Hazardous Material Reviews 9487 Regency Square Blvd Jacksonville, Florida 32225 APR 1 7 2013 Ref. No. 13-0025 Dear Mr. Lesser: This responds to your January 23, 2013 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49CFR Parts 171-180) applicable to use ofthe DANGEROUS placard. Your questions are paraphrased and answered as follows: Ql. Recently, there have been a number ofrulemaking actions resulting in further alignment (harmonization) of the HMR with the various international standards. Does the Pipeline and Hazardous Materials Safety Administration (PHMSA) intend to phase-out the DANGEROUS placard as a result of it not being recognized in international transportation? AI. The answer is no. Q2. If vessel transportation of a cargo transport unit (CTU) containing hazardous materials is routed through a foreign port but originates and terminates within the United States, is the DANGEROUS placard authorized display in accordance with the HMR? A2. The answer is no. The DANGEROUS placard is not recognized by the International Dangerous Goods Code (IMDG Code). However, the display of both the DANGEROUS placard and placard(s) corresponding to the actual hazardous material contained in the CTU is authorized. Q3. Is display of the DANGEROUS placard authorized in domestic transportation by vessel? A3. The answer is yes. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2- Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Wednesday, January 23, 2013 2:20PM Drakeford, Carolyn (PHMSA) Subject: FW: PHMSA Interpretations Hi Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Lesser, Michael [mailto:Michaei.Lesser@crowley.com] Sent: Tuesday, January 22, 2013 2:48 PM To: INFOCNTR (PHMSA) Subject: PHMSA Interpretations Please advise answers to the following questions. These points were raised in a USCG inspection a. b. c. Is there a date after which he "Dangerous" placard may not be used? Is it being phased out during the harmonization process? If a shipment is labeled "Dangerous" and leaves a domestic port- but the vessel calls on an international port before the container is discharged at the next domestic port- is the container marked properly? Or does IMDG regulations prevail since they do not recognize the "Dangerous" marking? Is the "Dangerous" marking permissible on vessels serving domestic ports? Michael Lesser Shore Side Safety and Hazardous Material Reviews 904-727-2449 fax 904-727-2185 Michael. Lesser@Crowley.com "If you really want to do something, you will find a way; if you don't, you will find an excuse." 1#