Interpretation Response #09-0035 ([Rohm and Haas Chemicals] [Mr. Vitaly Volfson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Rohm and Haas Chemicals
Individual Name: Mr. Vitaly Volfson
Location State: PA Country: US
View the Interpretation Document
Response text:
June 15, 2009
Mr. Vitaly Volfson
Rohm and Haas Chemicals
100 Independence Mall West
Philadelphia, PA 19106
Ref. No. 09-0035
Dear Mr. Volfson:
This responds to your February 17, 2009 email requesting clarification of the use of the International Maritime Dangerous Goods (IMDG) Code for transportation of hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the use of IMDG Code marks and labels for intermediate bulk containers (IBCs) imported to or exported from the United States.
In a follow-up telephone conversation with a member of my staff, you stated that the IBCs contain liquid hazardous materials and are consolidated in freight containers for vessel shipment. You also stated that the transport documents for shipment of these IBCs indicate that they are either shipped directly to a customer facility or shipped to a warehouse to be separated and sent to various facilities. Your questions are paraphrased and answered as follows:
Q1. For import into the United States by vessel, upon arrival at a port, may an IBC prepared for shipment and transported in accordance with the IMDG Code continue to be transported to its destination with IMDG Code marks and labels?
A1. Yes, subject to conformance with the IMDG Code and the conditions and limitations of Part 171, Subpart C. Note that, for example, § 171.23 lists requirements for specific materials and packages transported in accordance with international standards, including the IMDG Code. If this section indicates that a package must be marked or labeled in a manner that differs from requirements in the IMDG Code, the marks or labels must be applied before the IBC is transported within the United States.
Q2. For IBCs delivered to a customer facility and emptied, how should shipments of the empty IBC containing only the residue of a hazardous material be handled? Must the customer facility transport the IBC in accordance with the HMR?
A2. As authorized by § 171.22, a hazardous material may be offered for transport and transported to, from, and within the United States by vessel, and by motor carrier and rail prior to or subsequent to transport by vessel, in accordance with the IMDG Code provided all or part of the movement is by vessel. Thus, an IBC imported by vessel and delivered to a customer facility under the IMDG Code as authorized by § 171.22, emptied, and then prepared for shipment, may continue to be offered for transportation in accordance with the IMDG Code (including marking and labeling) provided all or part of the movement is by vessel. This applies to both domestic only shipments and international shipments.
Q3. If the imported IBC is first delivered to a warehouse prior to being shipped to a customer facility, may the IBC continue to be transported with IMDG Code marks and labels?
A3. If an IBC is delivered to a warehouse used for temporary storage (i.e., storage incidental to movement as defined by § 171.8) as part of the original shipment and then transported to its final destination, it may continue to be transported with the IMDG Code marks and labels subject to the conditions and limitations of Part 171, Subpart C. If the warehouse is the final destination of the original import shipment, as indicated by the transport document, then any subsequent shipment of the IBC from the warehouse must be transported in accordance with the HMR, including applicable marking and labeling requirements. However, as authorized by § 171.22, the subsequent shipment of the IBC to a customer facility may be transported under the IMDG Code provided all or part of the movement is by vessel and subject to the conditions and limitations of Part 171, Subpart C.
Q4. For export from the United States, may an IBC prepared for shipment and transported in accordance with the IMDG Code be transported with IMDG Code marks and labels for the segment of transportation prior to the port of departure?
A4. Yes, the same requirements apply for export shipment of the IBC as indicated for import shipment in A1.
Q5. For shipments made under the IMDG Code, must the transport vehicle containing an IBC display the UN identification number that is displayed on the IBC?
A5. Unless required by the IMDG Code under 5.3.2.1.1, the transport vehicle is not required to display the UN identification number. When display is not required by the IMDG Code and if the identification number marking on the IBC is not visible from the transport vehicle, we recommend that you display the identification number as required by § 173.331(c) of the HMR in order to facilitate the highway or rail transport segment of the shipment.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Edward T. Mazzullo
Director
Office of Hazardous Materials Standards
171.22, 171.23