{"operation":"document","citation":"13-0192","title":"Nynas USA, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-12-23","effective_on":null,"summary":"13-0192 response to Nynas USA, Inc. concerning 172.303, 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0192.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0192.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0192","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130192.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nOEC 2 3 2013\nMr. Edward Skelton\nHead of Supply Chain Americas\nNynas USA, Inc.\n800 Gessner Road, Suite 1150\nHouston, TX 77024\nRef. No.: 13-0192\nDear Mr. Skelton:\nThis is in response to your letter requesting clarification of the the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding the marking and labeling requirements\nwhen reshipping marine pollutants domestically. Your letter states that your company\nimports marine pollutants, marked and labeled as \"UN 3082, Environmentally hazardous\nsubstance, liquid, n.o.s., Class 9\" in accordance with the International Maritime Dangerous\nGoods (IMDG) Code. Upon receipt, the materials are reshipped by your company in both\nbulk (e.g., IBC's, portable tanks) and non-bulk (e.g., boxes, drums) quantities. It is your\nunderstanding that under the HMR, this material can be reshipped domestically as \"not\nregulated\" without removing the affixed markings and labels, provided the materials are not\na marine pollutant as defined by the HMR and are not otherwise hazardous.\nYour understanding is correct. A material transported as a marine pollutant in accordance\nwith the IMDG code that does not meet the definition of a marine pollutant, a hazardous\nsubstance, a hazardous waste or any other hazard class under the HMR is not subject to the\nrequirements of the HMR. The markings and labels that were required to be affixed to the\npackages for transportation by vessel in accordance with the IMDG Code need not be\nremoved or covered for subsequent domestic transportation.\nIn addition, § 172.401 (c) permits labeling in accordance with the IMDG Code and\n§ 172.303(b)(3) permits the marking of a shipping name on a package when the name\ndescribes a material not regulated under the HMR. Although your material does not meet the\ndefinition of a hazardous material under the HMR, the package may remain appropriately\nmarked and labeled in accordance with the IMDG Code and transit the United States without\nshipping papers. However, if your shipment will not be accompanied by a shipping paper,\nthe marks and labels on your package may cause delays or otherwise frustrate its\ntransportation. To avoid this problem, we suggestthe following:\n1. Remove, obliterate, or securely cover the markings and labels;\n\n<<<PAGE 2>>>\n\n2. 3. Leave the marking and labeling in place and describe the material as\n\"Environmentally hazardous substances, liquid or solid, n.o.s.\" in accordance with\n§ 172.102, Special Provision 146; or\nProvide an indication on the package or bill of lading that the material is not regulated\nby the HMR.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nSept, 03 2013\nTo: DOT Information Center\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nFrom:\nEdward Skelton\nHead of Supply Chain Americas\n713-333-3178\nRE: clarification of marking and label requirements for shipment of IMDG class 9 Marine Pollutants\nDear,\nNynas imports from Europe, and ships domestically in the US and to Canada and Mexico materials\nwhich are classified as UN 3082 Class 9 according to the United Nations Globally Harmonized\nSystem of Classification and Labelling of Chemicals (GHS rev. 5)\nThese materials are also classified as Marine Pollutants for IMDG.\nWhen received these materials are reshipped in bulk and packs (drums, IBC's) to customers based\nin the United States, Canada and Mexico.\nIt is our understanding that this same material is classified as \"Not Regulated\" for USDOT domestic\nmovement.\nIt is our understanding that this material can be reshipped domestically as \"Not Regulated\" without\napplying, removing or covering the Class 9 marks and label.\nThis letter is to request a formal letter of interpretation confirming notes above.\nThe products in question are:\nT4- CAS Number 64742-46-7\nNytro Polaris GX- CAS Numbers:\n64742-53-6-50 to 100%\n64742-55-8- 0 to 50%\n72623-86-0 - 0 to 5 %\n128-37-0 - <0.4%\nNvnas USA, Inc.\nOffice address\n800 Gessner Road, Suite 1150\nHouston, TX 77024\nTelephone\n713-333-3178\nFax\n281-596-7284","truncated":false,"body_characters":4369}