Ocean Network Express (North America) Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 September 2, 2021 Ms. Lisa Stone Ocean Network Express (North America) Inc. 8730 Stony Point Parkway Suite 400 Richmond, VA 23235 Reference No. 21-0064 Dear Ms. Stone: This letter is in response to your June 11, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the placarding requirements for international shipments. You describe a scenario where a shipping (freight) container loaded with non-bulk packages is transported internationally via vessel in accordance with the International Maritime Dangerous Goods (IMDG) Code. You ask whether a CLASS 9 placard affixed on the freight container with the text “MISCELLANEOUS” inserted in the white bottom part of the placard—as shown in the photo you provided—is an acceptable means of placarding under the HMR. The answer is yes. In accordance with § 171.25, a hazardous material may be offered for transportation or transported to, from, or within the United States by vessel, and by motor carrier and rail in accordance with the IMDG Code, as authorized in § 171.22, provided all or part of the movement is by vessel. Section 5.3.1.1.2 of the IMDG Code prescribes the requirements for placarding of cargo transport units and bulk containers for CLASS 9 materials corresponding to the label model No. 9 found in section 5.2. Additionally, section 5.2.2.2.1.5 states that for labels1 other than class 7, “the insertion of any text (other than the class or division number) in the space below the symbol shall be confined to particulars indicating the nature of the hazard and precautions to be taken in handling.” 1 Note that the IMDG Code refers to placards as enlarged labels.#

Page 2This provision applies to placards affixed to cargo transport units and bulk containers, and thus a CLASS 9 placard containing the text “MISCELLANEOUS” is authorized. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Ciccarone 21-0064 From: Foster, Glenn (PHMSA) To: Subject: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA) FW: Request for PHMSA"s Letter of Interpretation - Placards Monday, June 14, 2021 7:25:29 AM Attachments: image.png image.png Alice and Kenetha, Please have the attached checked in as a LOI and assigned to the next Specialist in the rotation. Thanks, Glenn From: Lisa Stone <lisa.stone@one-line.com> Sent: Friday, June 11, 2021 2:44 PM To: Pfund, Duane (PHMSA) <Duane.Pfund@dot.gov>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov> Cc: Lisa Stone <lisa.stone@one-line.com> Subject: Request for PHMSA's Letter of Interpretation - Placards CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good Day, I am seeking a Letter of Interpretation to confirm the following Class 9 placard as depicted below is compliant and does not require replacement, nor removal, upon arrival at US ports for inland transport: Details: Non-bulk packages (drums) in standard dry shipping containers originating from Europe are affixed with Class 9 placards with the word "Miscellaneous". As these shipments are being moved under the continuation of the vessel leg which is in compliance with the IMDG Code, the IMDG Code would take precedence based upon the below citations. Regardless, there is no requirement for a Class 9 placard by surface transport in the US as per 172.504(f)(9). The placard is required because of the IMDG Code and is permissible per 172.502(b) Thank you in advance for your review and confirmation. Best regards ------------------------------------------□ Lisa Stone DG Manager, North America Inland Policy □--------------------------------------------□ Ocean Network Express (North America) Inc. 8730 Stony Point Parkway, Suite 400 Richmond, VA 23235 Phone: (804) 256-2294 Mobile: (804) 363-5929 This e-mail and any materials contained in or accompanying it may be confidential, subject to legal privilege, or otherwise protected from disclosure, and is intended solely for the intended recipient(s). If you have received this communication in error, please notify the sender immediately, delete all copies in your possession and do not use any information herein. Neither Ocean Network Express Pte. Ltd. nor any of its related corporations or affiliates make any warranties in relation to this e-mail or any materials contained in or accompanying it. Our Privacy Notice has changed. Please visit https://www.one-line.com/standard-page/privacy-policy to view the updated notice.#