LANXESS Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 2 4 2014 Ms. Cyndi Fink Distribution Safety Manager LANXESS Corporation 111 RIDC Park West Drive Pittsburgh, P A 15275 Ref. No. 14-0022 Dear Ms. Fink: This responds to your January 16, 2014 request for clarification on transporting marine pollutants under the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180). Specifically, you ask if placards must be removed from containers containing non-bulk packages of marine pollutants transported using the exception in § 171.4. In accordance with § 171.4, non-bulk packages of marine pollutants being transported by highway, rail, or aircraft are not subject to the HMR. In your incoming letter, you note that a previous interpretation (Ref. No. 01-0288) states "when utilizing the§ 171.4 exception markings that were required to be affixed to the packages for transportation by vessel need not be removed or covered for subsequent transportation by other modes." You ask if one is required to remove placards from a shipping container when such a shipping container is transported under the exception provided in § 1 71.4. The exception in § 171.4 does not require you to remove the marine pollutant markings by highway, rail, or aircraft. I hope this answers your inquiry. If you need additional assistance, please call this office at (202) 366-8553. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2LANXESS Energizi·rig Chemistry U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-1 0 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Boo%e ts l11' cf (cJ Marine Th tfcud--s I '-f - ()()1-~ Subject: Letter of Interpretation Clarification Request To Whom It May Concern: As stated in 49CFR 171.4(c), Class 9 Marine Pollutants (as defined in 49CFR171.8) in non-bulk packages are exempted from being regulated for transport within the US. In the letter of interpretation 1 0-0288 regarding marking and labeling of Class 9 Marine Pollutants, you state that these materials in non-bulk packages are not subject to the requirements of the HMR, and therefore, "they are not subject to the requirements for shipping papers, markings, labels or placards when transported by highway, rail or air." In addition, this letter of interpretation states that "the markings that were required to be affixed to the packages for transportation by vessel need not be removed or covered for subsequent transportation by other modes." While this letter of interpretation states that marks and labels on individual packages do not need to be removed or covered, it does not address placards. Is it necessary to remove placards from containers (i.e., an ocean freight container filled with individual non-bulk packages) when being transported as an exempted marine pollutant within the US? Stating the question differently, if placards remain on this container, must it be transported according to the HMR even if the material within the container is exempted by 49CFR171.4(c), or is it acceptable to transport as non-regulated? I request a letter of interpretation on this matter. Thank you for your assistance. January 16, 2014 LANXESS Corporation Cyndi Fink Industrial and Environmental Affairs 111 RIDC Park West Drive Pittsburgh, PA 15275 Phone: 412-809-4774 Fax: 412-809-1056 Email: cyndi.fink@lanxess.com- www.us.lanxess.com sn~.:lyyl'P. ($)'l~ Cyndi Fink Distribution Safety Manager · Page f of 1#