{"operation":"document","citation":"25-0117","title":"Hazmat Safety Consulting, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-01-20","effective_on":null,"summary":"25-0117 response to Hazmat Safety Consulting, LLC concerning 172.101, 173.227, 178.605.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-01/250117.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 20, 2026\nRobert Richard\nVice President\nHazmat Safety Consulting, LLC\n10036 Lake Occoquan Drive\nManassas, VA 20111\nReference No. 25-0117\nDear Mr. Richard\nThis letter is in response to your August 25, 2025 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding vessel transportation of\n“UN1838, Titanium tetrachloride, 6.1 (8), PG I.” You state that the transportation of “UN1838,”\nan inhalation Hazard Zone B material, will be performed using non-bulk packagings in\naccordance with § 173.227(b) of the HMR, a method which differs slightly from the\nInternational Maritime Dangerous Goods (IMDG) Code. It is your understanding that although\nthe IMDG Code requires a competent authority approval (CAA) for packagings not definitively\nauthorized in a packing instruction, the HMR may serve as the CAA in such cases. Referencing a\nprior letter of interpretation (Ref. No. 24-0017), you seek confirmation that a separate CAA letter\nis not required when this material is packaged and transported in accordance with § 173.227(b)\nand all other applicable HMR requirements.\nYour understanding is correct. A CAA letter is not required in this scenario described in your\nincoming letter. Under § 178.605 of the HMR, PG I packagings intended to contain hazardous\nmaterials must be tested to a minimum test pressure of 250 kPa. The IMDG Code assigns\npacking instruction P602 to “UN1838.” This packing instruction specifies that drums or\ncomposite packagings must comply with the 300 kPa hydrostatic test pressure requirement.\nFurthermore, the Hazardous Materials Table in § 172.101 refers to § 173.227 for the non-bulk\npackaging authorization for “UN1838.” Specifically, § 173.227(b) requires compliance with\npackaging performance test requirements of subpart M of part 178 at the Packing Group (PG) I\nperformance level.\n\n<<>>\n\nPlease note that a CAA, as defined in § 105.5, is an approval by the competent authority that is\nrequired under an international standard, and that a specific regulation in the HMR may be\nconsidered a CAA if it satisfies the requirement of an international standard—in this case see\nsection 4.1.3.7 of the IMDG Code. Therefore, the authorization in the HMR for packagings in\nconformance with § 173.227(b) for the transportation of “UN1838” serves as a U.S. CAA.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk DerKinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\n25-0117\nBaker, Y.\nFrom:\nTo:\nCc:\nSubject:\nDate:\nNickels, Matthew (PHMSA)\nBaker, Yul (PHMSA)\nFW: Question on Interp letter\nTuesday, August 26, 2025 10:12:10 AM\nYul, please use this version of email with attachments instead of my email from yesterday, 8/25/25\n2:49PM. Bob updated the documents he wanted to submit.\nPDF Incoming\nPDF Interp Example he thinks helps his pov\nWORD doc draft response he developed\nThank you!\nMr. Matthew B. Nickels\nActing Director, Standards & Rulemaking Division\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nFrom: Nickels, Matthew (PHMSA) \nSent: Monday, August 25, 2025 2:49 PM\nTo: Hazmat Interps\nCc: Baker, Yul (PHMSA)\nSubject: FW: Question on Interp letter\nHey Yul, please process. Thank you!\nMr. Matthew B. Nickels\nActing Director, Standards & Rulemaking Division\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nFrom: Bob Richard \nSent: Monday, August 25, 2025 1:02 PM\nTo: Nickels, Matthew (PHMSA) \nCc: Kelley, Shane (PHMSA) ; Ryan Paquet \nSubject: RE: Question on Interp letter\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\n\n<<>>\n\nMatt,\nPlease accept the attached request for interpretation. This request is very straightforward and\nconsistent with prior interp responses. In fact, it is like the attached 1405-0294 interp. Is there\nanyway since this is so clear and consistent with PHMSA’s previous responses that it could be\nexpedited? I have drafted a response if that is helpful. Our client is getting pushback from a\nconsignee who does not understand that the HMR can serve as a CAA in certain circumstances and\nhas requested a written letter from PHMSA.\nBest Regards,\nBob Richard\nHazmat Safety Consulting, LLC.\n\n<<>>\n\nAugust 25, 2025\nMathew Nickels\nChief Standards Development Branch\nStandards and Rulemaking Division\nPHMSA\nWashington, DC 20590\nDear Mr. Nickels,\nThis letter is requesting clarification that the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) may serve as a competent authority approval for shipments offered in accordance\nwith the International Maritime Dangerous Goods (IMDG) Code. We recognize that a\nCompetent Authority Approval (CAA), as defined in §105.5, is an approval by the competent\nauthority that is required under an international standard, and that a specific regulation in the\nHMR may be considered a CAA if it satisfies the requirement of an international standard—see,\nfor example, section 4.1.3.7 of the IMDG Code. We recognize that PHMSA has confirmed this\nin several interpretation letters and statements made in public forums (e.g., Reference No. 24-\n0017). Nevertheless, due to a current shipment frustration, we are requesting written\nconfirmation relevant to a shipment my client is offering by vessel transportation in accordance\nwith the IMDG Code.\nThe hazardous material that will be offered for transportation is UN1838, Titanium\nTetrachloride, 6.1 (8), PGI. It is an Inhalation Hazard-Zone B material packaged in conformance\nwith 49 CFR §173.227(b). 49 CFR §173.227(b) is assigned to UN1838 in the § 172.101\nHazardous Materials Table. §173.227(b) authorizes various non-bulk packagings for\ntransportation, including for vessel transportation. The IMDG Code packaging instruction is\nP602 which specifies a hydrostatic test pressure of 300 kpa for one of its potential packaging\noptions utilizing a drum or composite packaging. At §178.605(d) the HMR specifies a\nhydrostatic test pressure of 250 kpa for PGI hazmats. 4.3.1.7 of the IMDG Code:\n\n<<>>\n\nclearly applies and authorizes packaging authorized by the competent authority.\nWe are requesting written confirmation that if the material is packaged and transported in\naccordance with §173.227(b) and all applicable HMR requirements that a competent authority\napproval (CAA) is not required because the authorization in the HMR for use of packaging in\nconformance with 49 CFR 173.227(b) for transportation of a UN1838 serves as a U.S. CAA.\nIf you require any additional information or have questions regarding this request, please do not\nhesitate to contact me. I appreciate your attention to this matter and look forward to your timely\nresponse.\nSincerely,\nRobert Richard\nRobert Richard\nVice President Hazmat Safety Consulting LLC\n\n<<>>\n\nThis letter is in response to your August ?, 2024 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding vessel transportation of\nUN1838, Titanium Tetrachloride, 6.1 (8), PGI an Inhalation Hazard-Zone B material packaged in\nconformance with 49 CFR 173.227(b). You ask whether the packaging in the HMR using this\nhazardous materials description satisfies the International Maritime Dangerous Goods (IMDG)\nCode requirement for a competent authority approval (CAA), or if a CAA letter is still required\nto transport it internationally via vessel. More specifically, you ask whether a CAA (letter) is\nrequired to transport UN1838 when packaged in conformance with 49 CFR173.227(b) for vessel\ntransportation.\nThe answer is no. Your understanding is correct that 49 CFR 173.227(b)—which is assigned to\nthe UN1838 entry in the § 172.101 Hazardous Materials Table—authorizes various non-bulk\npackagings for transportation, including for vessel transportation.\nNote also that a CAA, as defined in § 105.5, is an approval by the competent authority that is\nrequired under an international standard, and that a specific regulation in the HMR may be\nconsidered a CAA if it satisfies the requirement of an international standard—see, for example,\nsection 4.1.3.7 of the IMDG Code. Therefore, the authorization in the HMR for use of packaging\nin conformance with 49 CFR 173.227(b) for transportation of a UN1838 serves as a U.S. CAA.\n\n<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 24, 2024\nMelanie Barker\nRegulatory Specialist\nChampion X\n11177 S. Stadium Drive\nSugar Land, TX 77478\nReference No. 24-0017\nDear Ms. Barker:\nThis letter is in response to your March 7, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding vessel transportation of\n“UN3286, Flammable liquid, toxic, corrosive, n.o.s., 3 (6.1, 8), PG II” in composite intermediate\nbulk containers (IBCs). You ask whether the IBCs authorized in the HMR for a commodity\ntransported using this hazardous materials description satisfies the International Maritime\nDangerous Goods (IMDG) Code requirement for a competent authority approval (CAA), or if a\nCAA letter is still required to transport it internationally via vessel. More specifically, you ask\nwhether a CAA (letter) is required to transport a 31HA1 composite IBC for vessel transportation\nof this material.\nThe answer is no. Your understanding is correct that special provision IB2—which is assigned to\nthe UN3286 Packing Group (PG) II entry in the § 172.101 Hazardous Materials Table—\nauthorizes composite (31HZ1) IBCs for transportation, including for vessel transportation.\nFurther, the HMR authorizes the use of composite IBCs for UN3286 materials, provided the\npackaging meets the conditions and limitations in § 173.243(d).\nNote also that a CAA, as defined in § 105.5, is an approval by the competent authority that is\nrequired under an international standard, and that a specific regulation in the HMR may be\nconsidered a CAA if it satisfies the requirement of an international standard—see, for example,\nsection 4.1.3.7 of the IMDG Code. Therefore, the authorization in the HMR for use of composite\nIBCs for transportation of a UN3286 PG II material serves as a U.S. CAA.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Question regarding transportation of materials classified as UN3286\nDate: Thursday, March 14, 2024 11:58:17 AM\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Barker, Melanie \nSent: Thursday, March 7, 2024 11:51 AM\nTo: PHMSA HM InfoCenter \nSubject: Question regarding transportation of materials classified as UN3286\nCAUTION: 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\nis safe.\nHello,\nI have been receiving questions regarding transport of materials classified as UN3286 Flammable liquid, toxic, corrosive, n.o.s., 3(6.1,8), PG II in IBCs by sea and one specific vessel that is refusing to\naccept the cargo without a letter from DOT. We have 31HA1 composite totes which appears to be an authorized composite IBC under Special Provision IB2 according to 49 CFR 172.102(c)(4) and table\nfound in 49 CFR 178.702(a)(2).\nIB2 – Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1).\nIf 31HA1 composite IBCs are authorized containers to transport materials classified as UN3286 Flammable liquid, toxic, corrosive, n.o.s., 3(6.1,8), PG II by DOT, then does that extend to being\nauthorized under IMDG? The IMDG regulations list packing instruction IBC 99 which states: Only IBCs which are approved for these goods by the competent authority may be used (see 4.1.3.7). A\ncopy of the Competent Authority approval shall accompany each consignment or the transport document shall include an indication that the packaging was approved by the Competent Authority.\nCan you provide a Letter of Interpretation for IB2 or advise if an application for a Competent Authority approval is required? Additionally, if a Competent Authority certification will be required, what\ndocumentation will need to be provided in order to receive an approval. We have attempted to apply for a Competent Authority certification in the past and were rejected on grounds of\ndocumentation.\nBest Regards,\nMelanie Barker\nRegulatory Specialist\n11177 S. Stadium Dr, Sugar Land, Texas 77478\nT +1 281 632 8105 E melanie.barker@championX.com\nConnect with Us\nLinkedIn | Facebook | Twitter | Instagram | YouTube\nCONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain proprietary and privileged information for the use of the designated recipients named above. Any\nunauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.","truncated":false,"body_characters":13761}