{"operation":"document","citation":"18-0128","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":"2019-03-04","effective_on":null,"summary":"18-0128 response to Atlantic Ro-Ro Carriers, Inc. concerning 173.22, 173.403, 176.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70846/180128.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR O 4 2019\nAndrei Lazourenko\nFirst Vice President\nAtlantic Ro-Ro Carriers, Inc.\n95 River Street 3rd Floor\nHoboken, NJ 07030\nReference No. 18-01 28\nDear Mr. Lazourenko:\nThis letter is in response to your October 5, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of Class 7\nradioactive material via vessel. Specifically, you provide images of a \"hardtop\" container used\nfor vessel shipment and ask whether it may be considered a \"closed freight container\" for\npurposes of§ 176.704 and a \"closed container\" for the purposes of chapter 7.1.4.5.3 of the\nInternational Maritime Dangerous Goods (IMDG) code.\nIt is the shipper's responsibility to determine whether the packaging or container is authorized\nfor the hazardous material that is being offered for transportation (see § 173.22(b )). However,\nbased on the images provided and without firsthand inspection of the container, it is the opinion\nof this Office that the \"hardtop\" container shown in the images would meet the intent of a closed\nfreight container for shipment of Class 7 radioactive material. Section 173 .403 defines a \"closed\nfreight container\" as \"a freight container which totally encloses its contents by permanent\nstructures.\" See Interpretation Letter 14-014 3 for additional clarification on this subject. You\nalso ask if the \"hardtop\" container could be considered a \"closed container\" for the purposes of\nchapter 7.1.4.5.3 of the IMDG code. Although the IMDG code does not define the term \"closed\ncontainer\" based on the images provided, it is the opinion of this Office that the \"hardtop\"\ncontainer shown in the images would also be considered a \"closed container\" for the shipment of\nClass 7 radioactive material for purposes of the IMDG code.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, ,\n- ~\nirk r~\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\n~~~\nI[?> OIJ8\nINFOCNTR (PHMSA)\nThursday, October 11, 2018 12:13 PM\nHazmat Interps\nFW: hard top containers\nHello Alice and lkeya,\nBelow is a request for a letter of interpretation regarding hard top containers.\nI have discussed with Steve Webb about this issue.\nThanks,\nJonathon, HMIC\nFrom: ARRC Andrei Lazourenko [mailto:andrei@arrcm.com]\nSent: Friday, October 05, 2018 9:56 AM\nTo: INFOCNTR (PHMSA) \nCc: CISN George Kargopolov \nSubject: Re : hard top containers\nHi, Jodi!\nIn addition to below mentioned request I would like to clarify my question. In IMDG code which we need to comply with\nas well as we are in the international maritime business, the parameters for max CSI and Tl indices that could be carried\nper conveyance and per container are based on definition of closed freight container contrary to CFR 49 §176.704\nwhere it is specified that the limitations for CSI and Tl indices are applicable for large freight containers without\nindication that these large freight containers to be of 11 closed\" type.\nDefinition of closed freight container is as foll:\n49 CFR 176.2\nClosed freight container means a freight container which totally encloses its contents by permanent\nstructures. A freight container formed partly by a tarpaulin, plastic sheet, or similar material is not a closed\nfreight container.\nSo, I would like to rephrase my question to get clarification on whether hardtop containers are considered as closed\nf~ners.J.rn__111..p.r.ospectives oLCERA- .9 .. _\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1styp\n1\n\n<<>>\n\nadvised that you have received\nthis email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If\nyou 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\nOn Oct 4, 2018, at 4:13 PM, ARRC Andrei Lazourenko wrote:\nHi, Jodi!\nHope you are doing fine. We finally received written clarification from DOT about our question for usage\nof enlarge labels on containers with cl.7. thanks a lot for your assistance.\nMeanwhile, I have another question that I need to get an answer.\nAccording to CFR 49 §176.704 there are limitations on max allowed CSI and Ti indices per conveyance\nand freight containers that could be shipped. Our particular interest is shipment of CSI indices in large\nfreight containers per vessel where it says that there is no limit per vessel as long as each group of 50\nindices (non-exclusive use) or 100 indices (under exclusive use) are separated from each other 6 m or\nmore.\nPlease advise if hardtop containers that we intend to use are considered as \"large freight containers\" as\nfar as compliance to sub para §176.704. So, if we use hardtop containers for shipment of cl. 7 with CSI\nvalue, may we benefit from carriage of unlimited quantity of CSI indices subject to maintaining proper\nsegregation on board?\nAs per § 173.403 Definitions.....\nFreight container means a reusable container having a volume of 1.81 cubic meters\n(64 cubic feet) or more, designed and constructed to permit it being lifted with its\ncontents intact and intended primarily for containment of packages in unit form\nduring transportation. A \"small freight container\" is one which has an internal\nvolume of not more than 3.0 cubic meters (106 cubic feet). All other freight\ncontainers are designated as \"large freight containers.\"\nIt seems like hardtop containers should fall under above mentioned definition but we need to get official\nclarification to make sure we would be in compliance of CFR 49 regulations for carriage of cl.7 cargo as\nfar as limitations on CSI indices per vessel using hardtop containers that are classified as large freight\ncontainers.\nThanks in advance,\n2\n\n<<>>\n\nRegards,\nAndrei Lazourenko\n151yp\nATLANTIC Ro-Ro CA RR I ERS, I NC.\n95 River Street I 3rd Floor I Hoboken I New Jersey I 07030 I U.S.A .\n(0) + 1.201.356.23 00 I (D) + 1.201.356.23 051 Skype: lazar 1974\n(C) + 1.201.406.645 5 I (F) + 1.20 1.356.2299 I E-mail : andrei@arrcm.com\nISO and C-TPAT certified\nARRC is a proud member of the CISN Shipping Group\nThis email and any fi les transmitted with it are confi dential and are intended solely for the use of 1he individual or enti ty to whom they are add ressed.\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, printi ng, or copyi ng 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 And rei Lazou renko\nSent: Thursday, February 01, 2018 3:13 PM\nTo: 'INFOCNTR (PHMSA)' \nSubject: RE : class 7 placards on large freight containers\nJodi, hi!\nI just would like to follow up on our last correspondence. 3 months past but we have not received the\nreply yet.\nThanks,\nRegards,\nAndrei Lazourenko\n1st VP\nATLANTIC Ro-Ro CA RRI ERS, I NC.\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) + I .201 .356.23051 Skype: lazarI 974\n(C) + l .20I .406.6455 I (F) + 1.201 .356.2299 I E-mail : andrei@arrcm.com\nISO and C-TPA T certified\nARRC is a proud member of the CISN Shipping Group\n•••••••••••••••••••••••••••••••••••••••••••••• \"' •••••••• * ••••••• * •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••\nThis emai l and any fi les 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 recipiem 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, pri nting, or copying of this email is stri ctly prohibited. If you received this email in error,\nplease immediately noti fy Atlant ic Ro-Ro Carriers, Inc at + 1.20 1.3 56.2300 or via e-mail info@arrcm.com\nFrom: INFOCNTR (PHMSA) [mailto:INFOCNTR.INFOCNTR@dot.gov]\nSent: Monday, October 30, 2017 3:36 PM\nTo: ARRC Andrei Lazourenko \nSubject: RE : class 7 placards on large freight containers\nDear Andrei,\nWe have received your request for a written letter of interpret ation regarding the hazardous materials\nregulations (49 CFR Pa rts 171-180). The hazardous materials regulations are available at the following\nURL:\n3\n\n<<>>\n\nhttp:// phmsa.dot.gov/regulations\nPlease allow a minimum of 8 weeks before contacting the Office of Hazardous Materials Standards\n(OHMS) for a status on written letters of interpretations. Delivery time of a written interpretation can\nvary markedly based on topic complexity and the depth of review necessary by OHMS Divisions and\nmodal administrations (e.g., FAA) to ensure an appropriate response.\nSincerely,\nJodi, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested\nin accordance with 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: ARRC Andrei Lazourenko [mailto:andrei @arrcm.co m1\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\nper sub para 171.25 (b) (1) of CFR49 the placards should be in accordance with subpart F of part 172 of\nCFR, please note that this placarding is mentioning in relation to the motor vehicle or rail car but not to\nthe container itself, so, since CFR authorizes transportation of hazmat materials in accordance with\ninternational regulations, it seems like the large labels instead of placards could be used on the\ncontainers as regulated by international regulations like IMDG and IAEA (SSR-6 [543] states \"Instead of\nusing both labels and placards, it is permitted, as an alternative, to use enlarged labels only, where\nappropriate\").\nSo, just visually here is the label that could be used as placards (just enlarged version to meet size\nparameters of the placards).\n\nPlease confirm that above mentioned placards (the enlarged labels) as shown above could be used on\ncontainers while inland transportation within USA. If not, please advise where it is stipulated in CFR so\nwe would inform the clients accordingly.\nThanks in advance,\nRegards,\nAndrei Lazourenko\nptyp\n4\n\n<<>>\n\nATLANTIC Ro-Ro CARRIERS, INC.\n95 River Street [ 3rd Floor I Hoboken I New Jersey I 07030 I U.S.A.\n(0) + 1.201 .356.2300 I (D) + 1.201 .356.2305[ Skype: lazarl 974\n(C) + 1.201.406.6455 I (F) + 1.201 .356.2299 I E-mai l: andrei@arrcm.com\nISO and C-TPA T certified\nARRC is a proud member of the CISN Shipping Group\n•••••••••••••••••••••••••••••• * •• * •••••••••••••••••••••••••••••••••• ** ••••••••••••••••• * ••••••••••••••••••••••••••••••••••••• * •• * •• * •••••••••\nThis email and any fil es transmitted with it are confid ential 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, disseminat ion, forwarding, printing, or copying of this email is strictly prohibited. If you received this email in error,\nplease immediately notify At lantic Ro-Ro Carriers, Inc at + 1.20 1.356.2300 or via e-mai l 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 fre ight containers\nDear Madam/Sir,\nIn addition to below mentioned request and the follow up phone call from your supporting group,\nplease note that 49CFR 171.22 provides authorization and conditions for use of the international\nstandards 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\nalternative, to use enlarged 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\nplacards which conform with the model No. 7D given in the figure . The placards shall be affixed in a\nvertical orientation to each side wall and each end wall of the large freight container or tank. Any placards\nwhich do not relate to the contents shall be removed. Instead of using both labels and placards, it is\npermitted as an alternative to use enlarged labels only, as shown in label model Nos. 7A, 7B and 7C,\nexcept 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\npermitted from CFR stand point.\nPlease verify.\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1st VP\nATLANTIC Ro-Ro CARRIERS, ]NC.\n5\n\n<<>>\n\nSent: Thursday, September 28, 2017 5:02 PM\nTo: infocntr@dot.gov' < 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\nplacards which conform with the model No. 7D given in the figure. The placards shall be affixed in a\nLarge freight containers carrying packages other than excepted packages, and tanks, shall bear four\nwhich do not relate to the contents shall be removed. Instead of using both labels and placards, it is\nvertical orientation to each side wall and each end wall of the large freight container or tank. Any placards\npermitted as an alternative to use enlarged labels only, as shown in label model Nos. 7A, 7B and 7C,\nexcept 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\nplacarded in accordance with international regulations, namely IMDG code, and the placards that are\napplied on the containers are basically enlarged labels with indication of Category Group, activity,\ntransport index etc... (see attached picture as example)\nThe local trucking company who arranges inland transportation on US territory requires to change these\nenlarged labels to comply with CFR49 placard appearance as shown in sub para 172.556, where neither\ncategory group nor transport index nor any other info is to be written, but only plain placard (see\nbelow).\n\nSo, my question is if there is any special provision for placarding of cl.7 cargo provided in CFR 49 where\nenlarged labels could be used instead of placards similar to IMDG sub para 5.3.1.1.5.1 provision, so we\n6\n\n<<>>\n\nwould avoid replacing the placards and use original ones (as shown on the attached picture) and still\ncomply with CFR 49 regulations.\nThanks in advance,\nRegards,\nAndrei Lazourenko\nJS1 VP\nATLANT IC 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: lazar 1974\n(C) + 1.201.406.6455 I (F) + 1.201.356.2299 I E-mail: andrei@arrcm.com\nISO and C-TPA T certified\nARRC is a proud member of the CISN Shipping Group\nThis email and any files transmitted with it are confidential and are intended solely for the use of the individual or entit y 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 recei ved\nthis email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you received this emai l in error,\nplease immediately notify At lantic Ro-Ro Carriers, Inc at +1.201.356.2300 or via e-mai l info@arrcm.com\n7\n\n<<>>\n\nCardez, Eugenio (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nTuesday, November 13, 2018 9:44 AM\nCardez, Eugenio (PHMSA)\nSubject: FW: hard top containers\nHey Eugenio,\nThe photos came in while you were away\nCheers,\nJonathon\nFrom: ARRC Andrei Lazourenko [mailto:andrei@arrcm.com]\nSent: Tuesday, November 06, 2018 9:50 AM\nTo: INFOCNTR (PHMSA) \nSubject: RE : hard top containers\nJonathan,\nIn addition to my conversation to one of your colleagues, please find attached images of hard top containers from\ninternet to have an idea what are we talking about.\n1\n\n<<>>\n\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-TPA T certified\nARRC is a proud member of the CISN Shipping Group\n........................................................................................................................................ \"' ....\nThis email and any files transmitted wi th 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 emai l in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. lf you received this email in error,\nplease immediately notify Atlantic Ro-Ro Carriers, Inc at + I .201.356.2300 or via e-mail info@arrcm.com\nFrom: ARRC Andrei Lazourenko\nSe nt: Tuesday, October 09, 2018 12:14 PM\nTo: INFOCNTR (PHMS A) \nSubject: RE : hard top containers\nJonathan,\nAdd to our telcon last week please advise if any updates with my below inquiry. Was it sent fo r obtaining written letter\nof interpretation?\nThanks in advance,\nRegards,\nAndrei Lazourenko\n1st VP\nATLANTIC Ro-Ro CARRIERS, INC.\n2","truncated":false,"body_characters":18611}