Interpretation Response #04-0280 ([Holman Fenwick & Willan] [Mr. Rory Butle])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/29/2005

Company Name: Holman Fenwick & Willan

Individual Name: Mr. Rory Butle

Country: UK

View the Interpretation Document

Response text:

Mar 29, 2005

Mr. Rory Butler                 Reference No. 04-0280

Holman Fenwick & Willan

Marlow House, Lloyds Avenue

London EC3N 3AL

Dear Mr. Butler:

This responds to your December 14, 2004, email requesting clarification of the Hazardous Material Regulations (HMR; 49 CFR Parts. 171-180) applicable to vessel stowage of heat sensitive material. Specifically, you ask how the regulations apply to containers packed with heat sensitive hazardous materials. Please accept my apology for the delay in responding and any inconvenience this may have caused.

When the Hazardous Materials Table (HMT; § 172.101) references "Code 48" in column (1 OB) for a specific hazardous material, the material must be stowed "away from" sources of heat (see § 176.84(b)). As indicated in § 176.84(a), the term "away from" is defined in § 176.83. In accordance with § 176.83(c)(2)(ii), "away from" means "effectively segregated so that the incompatible materials cannot interact dangerously in the event of an accident but may be carried in the same compartment or hold or on deck provided a minimum horizontal separation of 3 m (10 ft) projected vertically is obtained." With reference to materials that must be stowed "away from" sources of heat, therefore, "away from" means a minimum separation of 3 m in any direction from the heat source. When heat sensitive material is packed inside a freight container, the freight container must be stowed a minimum of 3 m in any direction from the heat source.

You ask if the regulatory requirements for stowage of heat sensitive materials have been revised since 1998.  The regulatory text in § 176.83(c)(2)(ii) concerning the definition of "away from" and the regulatory text in § 176.84 concerning Code 48 has not changed since 1998. However, without knowing the specific material at issue, we cannot say whether the Code 48 stowage requirements applied to the material in 1998. For example, in 1998, the column (l0B) entry in the HMT for "Calcium hypochlorite, hydrated, UN 2880" referenced Code 50, which required the material to be stowed "away from" sources of heat where temperatures in excess of 55° C (131° F) for a period of 24 or more hours would be encountered. The stowage requirements for calcium hypochlorite were revised after 1998; the column (l0B) entry for this material now references Code 48.

Sincerely,

Susan Gorsky

Acting Director

Office of Hazardous Materials Standards

176.83

Regulation Sections