{"operation":"document","citation":"17-0119","title":"Atlantic Ro-Ro Carriers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-08-03","effective_on":null,"summary":"17-0119 response to Atlantic Ro-Ro Carriers, Inc. concerning 172.519, 172.556.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0119.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0119.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0119","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/60206/170119.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration ·\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG O 3 2018\nMr. Andrei Lazourenko\nAtlantic Ro-Ro Carriers, Inc.\n95 River Street, 3rd Floor\nHoboken, NJ 07030\nReference No. 17-0119\nDear Mr. Lazourenko:\nThis letter is in response to your September 28, 2017, October 16, 2017, and October 26, 2017,\nemails requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to the use of enlarged labels in place of placards. You describe the\nfollowing scenario:\n• Your company transports containers of Class 7 (radioactive) material in conformance\nwith the International Maritime Dangerous Goods (IMDG) Code by vessel from\ninternational locations to the United States. Enlarged labels on these containers display\nthe applicable radioactive Category Group, activity level, transport index, etc., of the\nClass 7 material they contain.\n• A trucking company that arranges U.S. Territory inland transport of these containers\nrequires the enlarged labels be replaced with Class 7 placards that comply with\n§ 172.556. This placard image does not include a radioactive Category Group or\ntransport index.\nSpecifically, you ask if enlarged labels that comply with section 5.3.1.1.5.1 in the IMDG Code\nmay remain on containers of Class 7 material transported by vessel to the United States for\neventual transportation within the United States by motor vehicle.\nThe answer is yes. Section 172.519(f) authorizes the use of placards conforming to the\nspecifications in the IMDG Code in place of a corresponding placard conforming to the\nrequirements in 49 CFR Part 172, Subpart F ( except for materials poisonous by inhalation).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~~'>>\n\n£~\n;i I 7 / . 2 S\" ( b) 0-)\nr>· ~~\n17 - 0ll9\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, October 30, 2017 3:38 PM\nHazmat Interps\nFW: class 7 placards on large freight containers\nHi Alice/ lkeya,\nPlease submit this as a letter of interpretation. Mr. Lazourenko spoke with Breanna. Let me know if you have any\nquestions.\nThank you,\nJodi\nFrom: ARRC Andrei Lazourenko [mailto:andrei@arrcm.com]\nSent: Thursday, October 26, 2017 2:08 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: class 7 placards on large freight containers\nDear Madam/Sir,\nAdd to below mentioned correspondence and to our phone conversation where you pointed out that as per sub para\n171.25 (b) (1) of CFR49 the placards should be in accordance with subpart F of part 172 of CFR, please note that this\nplacarding is mentioning in relation to the motor vehicle or rail car but not to the container itself, so, since CFR\nauthorizes transportation of hazmat materials in accordance with international regulations, it seems like the large labels\ninstead of placards could be used on the containers as regulated by international regulations like IMDG and IAEA (SSR-6\n(543] states \"Instead of using both labels and placards, it is permitted, as an alternative, to use enlarged labels only,\nwhere appropriate\").\nSo, just visually here is the label that could be used as placards (just enlarged version to meet size parameters of the\nplacards).'\n/\n1\n\n<<>>\n\nPlease confirm that above mentioned placards (the enlarged labels) as shown above could be used on containers while\ninland transportation within USA. If not, please advise where it is stipulated in CFR so we would inform the clients\naccordingly.\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1styp\nATLANTIC Ro-Ro CARRIERS, INC.\n95 River Street I 3rd Floor I Hoboken I New Jersey I 07030 I U.S.A.\n(0) +1.201.356.2300 I (D) +1.201.356.23051 Skype: lazar1974\n(C) + 1.201.406.6455 I (F) + 1.201.356.2299 I E-mail: andrei@arrcm.com\nISO and C-TP AT certified\nARRC is a proud member of the CISN Shipping Group\n.............................................................................................................................................\nThis email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.\nIf you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received\nthis email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you received this email in error,\nplease immediately notify Atlantic Ro-Ro Carriers, Inc at + 1.201 .356.2300 or via e-mail info@arrcm.com\nFrom: ARRC Andrei Lazourenko\nSent: Monday, October 16, 2017 12:48 PM\nTo: 'infocntr@dot.gov' \nSubject: RE: class 7 placards on large freight containers\nDear Madam/Sir,\nIn addition to below mentioned request and the follow up phone call from your supporting group, please note that\n49CFR 171.22 provides authorization and conditions for use of the international standards and regulations.\n49CFR 171.22(a) specifically authorizes IAEA and IMDG Regulations.\nIAEA SSR-6 Regulations 543 states: Instead of using both labels and placards, it is permitted, as an alternative, to use\nenlarged labels only\"\nIMDG code specifies:\nSpecial provisions for class 7\n5.3.1.1.5.1\nLarge freight containers carrying packages other than excepted packages, and tanks, shall bear four placards which conform\nwith the model No. 7D given in the figure. The placards shall be affixed in a vertical orientation to each side wall and each\nend wall of the large freight container or tank. Any placards which do not relate to the contents shall be removed. Instead of\nusing both labels and placards, it is permitted as an alternative to use enlarged labels only, as shown in label model\nNos. 7A, 7B and 7C, except having the minimum size shown in the figure under 5.3.1.2.2.\nLabel models 7A, 7B and 7C are shown in attached PDF file.\nUnder the circumstances it seems that usage of enlarge labels for cl.7 cargo instead of placards is permitted from CFR\nstand point.\n2\n\n<<>>\n\nPlease verify.\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1st VP\nATLANTIC Ro-Ro CARRIERS, INC.\n95 River Street I 3rd Floor I Hoboken I New Jersey I 07030 I U.S.A.\n(0) + 1.201.356.2300 I (D) + 1.201.356.23051 Skype: lazarl 974\n(C) + 1.201.406.6455 I (F) + 1.201.356.2299 I E-mail: andrei@arrcm.com\nISO and C-TP AT certified\nARRC is a proud member of the CISN Shipping Group\n.............................................................................................................................................\nThis email and any files transmitted with it are confidentia1 and are intended solely for the use of the individual or entity to whom they are addressed.\nIf you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received\nthis email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you received this email in error,\nplease immediately notify Atlantic Ro-Ro Carriers, Inc at + 1.201.356.2300 or via e-mail info@arrcm.com\n'°\"\"\"\n,, . . \"\n·--z·· ....\n. _&•v.' ..•\n' ' __ .. 1,,. ......... -~\n··-·- · ~-~~~,;1..\nIUGISfU NOW AT WWW.llliU.KIULltCOMl'IIAM2011\n. ,~II 1\nUHC\nJOIN US 1316 i-} I\nFrom: ARRC Andrei Lazourenko\nSent: Thursday, September 28, 2017 5:02 PM\nTo: 'infocntr@dot.gov' \nSubject: class 7 placards on large freight containers\nUS DOT Pipeline and Hazardous Materials Safety Administration\nDear Madam/Sir,\nHereby, I would like to get some clarification on placarding provisions for cl. 7 cargo transportation.\nAs per International IMDG CODE there is sub para 5.3.1.1.5.1 which indicates:\nSpecial provisions for class 7\n5.3.1.1.5.1\nLarge freight containers carrying packages other than excepted packages, and tanks, shall bear four placards which conform\nwith the model No. 7D given in the figure. The placards shall be affixed in a vertical orientation to each side wall and each\nend wall of the large freight container or tank. Any placards which do not relate to the contents shall be removed. Instead of\nusing both labels and placards, it is permitted as an alternative to use enlarged labels only, as shown in label model\nNos. 7A, 7B and 7C, except having the minimum size shown in the figure under 5 .3.1.2.2 .\nLabel models 7A, 7B and 7C are shown in attached PDF file.\nThe problem is that we carry cl.7 containers to USA from abroad by our vessels and these containers are placarded in\naccordance with international regulations, namely IMDG code, and the placards that are applied on the containers are\nbasically enlarged labels with indication of Category Group, activity, transport index etc ... (see attached picture as\nexample)\n3\n\n<<>>\n\nThe local trucking company who arranges inland transportation on US territory requires to change these enlarged labels\nto comply with CFR49 placard appearance as shown in sub para 172.556, where neither category group nor transport\nindex nor any other info is to be written, but only plain placard (see below).\nSo, my question is if there is any special provision for placarding of cl.7 cargo provided in CFR 49 where enlarged labels\ncould be used instead of placards similar to IMDG sub para 5.3.1.1.5.1 provision, so we would avoid replacing the\nplacards and use original ones (as shown on the attached picture) and still comply with CFR 49 regulations.\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1st VP\nATLANTIC Ro-Ro CARRIERS, INC.\n95 River Street I 3rd Floor I Hoboken I New Jersey I 07030 I U.S.A.\n(0) +1.201.356.2300 I (D) +1.201.356.23051 Skype: lazarl974\n(C) + 1.201.406.6455 I (F) + 1.201.356.2299 I E-mail: andrei@arrcm.com\nISO and C-TP AT certified\nARRC is a proud member of the CISN Shipping Group\n.............................................................................................................................................\nThis email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.\nIf you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received\nthis email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you received this email in error,\nplease immediately notify Atlantic Ro-Ro Carriers, Inc at +l.201.356.2300 or via e-mail info@arrcm.com\n4","truncated":false,"body_characters":10703}