Sea-Land Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Research and Administration Special Programs AUG - 9 1999 Mr. Prabhu Natarajan Ref. No. 99-0159 Sea-Land Services, Inc. 6000 Carnegie Boulevard Charlotte, NC 28209 Dear Mr. Natarajan: This is in response to your letter of November 4, 1998, and your phone conversation with Mr. Brian Robinson of the U.S. Coast Guard concerning the subsidiary risk label for azodicarbonamide which is a Division 4.1 material. You have indicated that the material has been classified outside the United States and the competent authority of the country of origin has provided a dispensation from the explosive subsidiary risk in accordance with the provisions of the International Maritime Dangerous Goods (IMDG) Code. Section 171.12(b) of the U.S. Hazardous Materials Regulations. (HMR; 49 CFR Parts 100-185) allows the alternative use of the IMDG Code subject to certain conditions and limitations. None.. of those conditions and limitations restrict the use of the IMDG Code in this situation. Consequently, azodicarbonamide shipped in accordance with the IMDG Code as you have described is acceptable. It is also worth noting that the special provisions which you mention in your letter (Special Provisions 38 and 53 in $ 172.102) address provisions similar (although stated differently) to those contained in the IMDG Code for this material. I hope this satisfies your request. ncerely, Delmer F. Billings Chief, standards Development Office of Hazardous Materials Standards 11112 990159#

Page 2Sea/Land ideas that move the world. Sea-Land Servico, Inc. 6000 Caregie Boulevard Charlotte, NC 28209-4637 Phone: 704.571.2000 November 4, 1998 FAX: 202-267-4570 Mr. Bryan Robinson Commandant (G-MOS-3) 2100 Second Street SW Washington DC, 20593-0001 Dear Bryan: It was a pleasure to meet you at the VOHMA annual meting in Washington, DC. I also had the opportunity to meet with Commander Corbin and IJ. In pursuit of an interpretation question we have with regard to shipment of Azodicarbonamide, UN3242: This product has been classified outside the United States and the competent authority of the country of origin has provided a dispensation for the explosive subsidiary risk. The commodity is shipped to the United States in compliance with the IMIDG, section 171.12(b) of the 49CFR; and in compliance with the conditions mandated by the competent authority certificate. Under the above circumstances would special provisions 38 and 53 of 171.101 table of the 49CFR be applicable to this shipment? We appreciate your assistance in obtaining an interpretation on this issue. Sincerely, Andalu Prabhu Natarajan/ Manager, Corporate Hazardous Materiais PN/rgm#