Interpretation Response #14-0193 ([CMC] [Mr. Michael Lesser])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CMC
Individual Name: Mr. Michael Lesser
Location State: FL Country: US
View the Interpretation Document
Response text:
August 5, 2015
Mr. Michael Lesser
CMC
9487 Regency Square Blvd
Jacksonville, Florida 32225
Ref. No. 14-0193
Dear Mr. Lesser:
This is in response to your October 8, 2014 e-mail and a subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the transportation of fumigated cargo transport units by vessel. Specifically, you ask if the HMR or the International Maritime Dangerous Goods (IMDG) Code require a fumigated load not to be loaded on a vessel for 24 hours after fumigation has been started or 24 hours after the fumigant has been removed and the load is not ventilated. In a telephone conversation with a member of my staff, you described a scenario whereby your customer fumigates a load for 72 hours You requested confirmation that they are required to wait for an additional 24 hours following the completion of the fumigation process until the load may be placed on the vessel.
The 24-hour period applies after the onset (i.e., the start) of the application of a fumigant. Section 176.76(h)(1) of the HMR provides that a fumigated cargo transport unit may not be placed on board a vessel unless at least 24 hours have elapsed since the unit was last fumigated. The meaning of "last fumigated" is when the fumigant was last applied and not when fumigation was completed. This is consistent with 5.5.2.5.4 of the IMDG Code which provides, "a fumigated cargo transport unit shall not be allowed on board until a sufficient period of time has elapsed to attain a reasonable uniform gas concentration throughout the cargo in it. Because of variations due to types and amounts of fumigants and commodities and temperature levels, the period between fumigant application and loading of the fumigated cargo transport unit on board the ship shall be determined by the competent authority. Twenty-four hours is normally sufficient for this purpose."
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Dirk Der Kinderen
Acting Chief Standards Development Branch
Standards and Rulemaking Division
176.76(h)(1)