{"operation":"document","citation":"20-0020","title":"Environmental Resource Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-04","effective_on":null,"summary":"20-0020 response to Environmental Resource Center concerning 171.22, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73851/200020.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 4, 2020\nMs. Kristie Absher\nSenior Consultant\nEnvironmental Resource Center\n101 Center Pointe Dr.\nCary, NC 27513-5706\nReference No. 20-0020\nDear Ms. Absher:\nThis letter is in response to your March 4, 2020, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials\ncommunication requirements for marine pollutants shipped domestically when not subject to the\nHMR. In your letter, you describe a scenario where your company receives packages shipped to\nthe United States by vessel that have markings and labels that do not comply with those required\nin the International Maritime Dangerous Goods Code (IMDG Code). Specifically, you state that\nthe Class 9 labels and the UN number markings are smaller than what is authorized in the IMDG\nCode.\nWe have paraphrased and answered your questions as follows:\nQ1. In a previous Letter of Interpretation on this subject issued on December 23, 2013, under\nReference No. 13-0192, PHMSA stated: “The marking and labels that were required to\nbe affixed to the packages for transportation by vessel in accordance with the IMDG\nCode need not be removed or covered for subsequent domestic transportation.” You ask\nwhether the labels and UN number markings may remain on the packages even if they do\nnot comply with the IMDG Code.\nA1. In general, the answer is no. However, in the scenario described in your letter, provided\nthe labels and UN markings meet the design and visibility specifications of the IMDG\nCode and are of a size that is legible on the packaging, even though smaller than what is\nauthorized in the IMDG Code, it would be allowable for them to remain on the packages.\nIt should be noted that shipments that have labels and markings that are undersized, even\nwhen not regulated, are likely to experience delays.\nQ2. Section 171.22 specifies authorizations and conditions for the use of international\nstandards and regulations. You ask whether a domestic importer is required to notify the\ninternational party responsible for shipping a material that is not subject to the HMR but\ndoes not comply with the IMDG Code.\n\n<<<PAGE 2>>>\n\nA2. The answer is no, provided any potential violation of the IMDG Code would have\noccurred outside the United States as defined in § 171.8 and the material is not subject to\nthe HMR. However, in this instance, the United States Coast Guard would conduct\ninspections based on the requirements of the IMDG Code, the regulations utilized for\ntransportation, and could take enforcement action if the full shipment is not in\ncompliance with the IMDG Code. We recommend that the importer communicate the\nviolation to the international shipper to prevent continued complications and delays in\nfuture shipments.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject:\nAttachments:\nWednesday, March 4, 2020 2:19 PM\nHazmat lnterps\nFW: Request for interpretation\nRequestforlnterpretationAbsherMarch2020.docx; Kristie Absher LOl.docx\nHello Alice and lkeya,\n· Attached is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Kristie Absher [mailto:kabsher@ercweb.com]\nSent: Wednesday, March 4, 2020 12:21 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for interpretation\nDear DOT Representative:\nAttached is a letter requesting an interpretation on importing marine pollutants the reshipping them\ndomestically.\nIf I need to mail the request instead, please let me know.\nThank you,\nKristie Absher\nEnvironmental Resource Center\n101 Center Pointe Dr.\nCary, NC 27513\n919-469-1585 X 402\n919-342-0807 fax\nkabsher@ercweb.com\nhttp://www.ercweb.com\nWe appreciate customers like you, help us grow by leaving us a review at https://goo.gl/uZXmlL\n1\n\n<<<PAGE 4>>>\n\nMarch 4, 2020\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-IO)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nI have some questions on importing marine pollutants that are regulated by IMDG Code but not by\nDOT.\nA U.S. company imports IMDG Code marine pollutants that are classified as UN 3077, Environmentally\nhazardous substance, solid, n.o.s., 9, III or UN 3082, Environmentally hazardous substance, liquid,\nn.o.s., 9, III. The packages have marks and labels that do not comply fully with the IMDG Code.\nSpecifically, the Class 9 labels and UN number marks are smaller than the IMDG Code requires. The\nother marks are correct.\nThe imported materials are not regulated by DOT or when reshipped domestically. Based on previous\ninterpretations, including Ref. No. :13-0192, the U.S. company is not required to remove or cover the\ninternational vessel hazard marks and labels for subsequent domestic transportation.\nDoes the exception from removing or covering the vessel hazard marks and labels apply even when the\nmarks and labels do not comply with the IMDG Code?\nDoes the U.S. company who imports the materials have any requirements related to 49 CFR 171.22(f)?\nFor example, does the importer have to notify the overseas shipper and/or forwarding agent at the place\nof entry into the U.S., about the erroneous sizes of the label and UN number mark? Again, the material\nis not regulated as hazardous for domestic shipments.\nThank you for your assistance with these questions.\nSincerely,\nKristie Absher\nSenior Consultant","truncated":false,"body_characters":5708}