C&E Dot compliance Consultants LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JAN 1 6 2014 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Christopher Widman President C&E DOT Compliance Consultants LLC 9465 Jefferson Street NE Blaine, MN 55434 Ref. No.: 13-0229 Dear Mr. Widman: This is in response to your email dated November 19, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the shipment of Class 1 (explosive) material by vessel. You present a scenario where Class 1 material will be shipped from the Czech Republic to Indonesia via the Port ofNorfolk, Virginia. The material will not be imported into or transported on a public highway within the United States. However, the material will be transloaded from one ship to another while in the Port of Norfolk, Virginia. Your questions are paraphrased and answered as follows. Q 1. Is a United States Competent Authority Approval required for entry into the Port of Norfolk, Virginia even though the Class 1 material is not being imported into the United States? AI. HMR § 171.26(d) provides that Class 1 (explosive) material other than Division 1.1 and 1.2 passing through the United States in the course of being shipped between locations outside the United States may be offered and accepted for transportation within a single port area when packaged, marked, classed, labeled, stowed, and segregated in accordance with the International Maritime Dangerous Goods (IMDG) Code. The shipment is subject to the requirements of subparts C and F of part 172 of the HMR pertaining to shipping papers and placarding, and must also conform to the applicable requirements of part 176 of the HMR pertaining to carriage by vessel. Chapter 2.1.3 .2 of the IMDG Code provides that prior to transportation all explosive substances and articles must be approved by the competent authority of the country of manufacture. The IMDG Code does not require explosive substances or articles to have a competent authority approval from the country of destination or a country where transloading operations occur.#

Page 2Therefore, if the Class 1 material being shipped is not Division 1.1 or 1.2, a United States Competent Authority Approval is not required for entry into and transloading at the Port of Norfolk, Virginia. If the material is classed as Division 1.1 or 1.2 then a United States Competent Authority Approval from the Associate Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) is required. Q2. What are the HMR and International Maritime Dangerous Goods (IMDG) Code regulations relating to Competent Authority Approval requirements for shipping Class 1 material in United States ports? A2. See AI. I trust this i1;1formation is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, ~::::: A.?f-J International Standards Coordinator Standards and Rulemaking Division ----- ------~---~-·#

Page 3'BaJJ·, c/11 ~178· pto t)(p lest ves l3 -() 22 q 11/19/2013 U.S. DOT PHMSA Oftice of Hazardous Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington. DC 20590-0001 Subject: Approvals required when Trans~shipping Class l Materials in US Ports. Regulations affected: 49 CFR § 173.56 (Estimated) Dear Standards My customer in the Czech Republic wishes to ship Class 1 materials (explosives) to Indonesia via the Port of Norfolk VA. They have a valid Czech RepubUc Competent Aufhodty. They wish to Trant!Hihip the Class l material~ in Pott The materials will not be hnporred into the within the US. Nor wm they be transported on ,a highway The Class 1 materials wm enter the pmt of Norfolk and itmnediately re·C~)nsignr.Al to another ship in the port of Norfolk VA. Q 1) Is my customer in the Czech Republic required to obtain a US DOT Competent Authority for the purpose of authorizing entry into to the port of Norfolk even when the Class l materials will never be imported into the US? Q2) I am unable to locate any 49 CFR or IMDG requirements for trans-shipping of Class 1 materials as they relate to US Competent Authorities. Can you please identify the 49 CFR or IMDG regulations that relate to Competent Authority requirements for trans-shipping Class 1 materials in US ports? Regards, . n . G~"' f) Lv i-dL/Wtc.~ Christop~er Widman President C&E DOT Compliance Consultants LL(~ 9465 Jefferson St NE Blaine MN 55434 Telephone: (763) 355~5097#