{"operation":"document","citation":"14-0193","title":"CMC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-08-05","effective_on":null,"summary":"14-0193 response to CMC concerning 176.76.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0193.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0193.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0193","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140193.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 5 2015\nMr. Michael Lesser\nCMC\n9487 Regency Square Blvd\nJacksonville, Florida 32225\nRef. No. 14-0193\nDear Mr. Lesser:\nThis is in response to your October 8, 2014 e-mail and a subsequent telephone\nconversation with a member of my staff requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) relating to the transportation of fumigated\ncargo transport units by vessel. Specifically, you ask if the HMR or the International\nMaritime Dangerous Goods (IMDG) Code require a fumigated load not to be loaded on a\nvessel for 24 hours after fumigation has been started or 24 hours after the fumigant has\nbeen removed and the load is not ventilated. In a telephone conversation with a member of\nmy staff, you described a scenario whereby your customer fumigates a load for 72 hours\nYou requested confirmation that they are required to wait for an additional 24 hours\nfollowing the completion of the fumigation process until the load may be placed on the\nvessel.\nThe 24-hour period applies after the onset (i.e., the start) of the application of a fumigant.\nSection 176.76(h)(1) of the HMR provides that a fumigated cargo transport unit may not be\nplaced on board a vessel unless at least 24 hours have elapsed since the unit was last.\nwhen fumigation was completed. This is consistent with 5.5.2.5.4 of the IMDG Code\nfumigated. The meaning of \"last fumigated\" is when the fumigant was last applied and not\nwhich provides, \"a fumigated cargo transport unit shall not be allowed on board until a\nsufficient period of time has elapsed to attain a reasonable uniform gas concentration\nthroughout the cargo in it. Because of variations due to types and amounts of fumigants\nand commodities and temperature levels, the period between fumigant application and\nloading of the fumigated cargo transport unit on board the ship shall be determined by the\ncompetent authority. Twenty-four hours is normally sufficient for this purpose.\"\n\n<<<PAGE 2>>>\n\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nActing Chief Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBabich\n$176.76(1) (1)\nTransport\nDodd, Alice (PHMSA)\n14-0193\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nTo:\nThursday, October 09, 2014 9:44 AM\nSubject:\nHazmat Interps\nFW: 49CFR 176.76(h)(1) / IMDG Code 5.5.2.5.4\nAttachments:\nMichael Lesser PCM.vcf\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Lesser spoke to Shelby Geller in the HMIC.\nThanks,\nMike\nFrom: Lesser, Michael [mailto:Michael.Lesser@crowley.com]\nSent: Wednesday, October 08, 2014 4:07 PM\nTo: PHMSA HM InfoCenter\nSubject: 49CFR 176.76(h)(1) / IMDG Code 5.5.2.5.4\nIS it the intent of these rules to require a fumigated load to not be loaded (on a vessel) 24 hours after the fumigated\ncatalyst has been started or 24 hours after catalyst has been removed if the load is still in commerce and the load is not\nventilated\nMichael Lesser PCM\nMANAGER, HSSE\nCMC\n(904) 727-2449 Work\nTERMINAL MGMT-JAX\nSpokem IANs. 2015\n904-571-1251 Mobile\n********Work\nTales then at Has.\nn/a Home\nMichael.Lesser@crowley.com","truncated":false,"body_characters":3329}