Interpretation Response #14-0014 ([Transportation Compliance Associates, Inc.] [Mr. Mike Alston])

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

Interpretation Response Details

Response Publish Date: 03/19/2014

Company Name: Transportation Compliance Associates, Inc.

Individual Name: Mr. Mike Alston

Location State: PA Country: US

View the Interpretation Document

Response text:

March 19, 2014

Mr. Mike Alston
Owner/General Manager
Transportation Compliance Associates, Inc.
1340 RT 30
Clinton, PA 15026

Ref. No.: 14-0014

Dear Mr. Alston:

This is in response to your email dated January 16, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code applicable to shipments of polymeric beads, expandable and plastics molding compound in ventilated freight containers, and security concerns for shipments being transported in freight containers utilizing one door off operation.  In your email you include an informal email correspondence from a member of my staff and ask for a more formal letter of interpretation from this office.  Your questions are paraphrased and answered as follows:  

Q1. Are the standard passive ventilation systems (two to four small vents along only the top side rails of a freight container) in freight containers considered ventilated containers as referenced in § 176.907(a) and special provision 965 of the IMDG Code.

A1. The answer to your question is no.  When transported in cargo transport units polymeric beads, expandable and plastics molding compounds are required by § 176.907(a) and special provision 965 of the IMDG Code to be transported in cargo transport units that provide an adequate exchange of air in the unit to prevent the build-up of an explosive atmosphere.  One of the listed examples to achieve this adequate exchange of air is the use of a ventilated container.  Unfortunately the term ventilated container is not a term defined in either 49 CFR or the IMDG Code.   However, the ventilation that you are describing (2 or 4 passive vents at the top of the container) would not be considered an adequate exchange of air to prevent the build-up of an explosive atmosphere as required by both 49 CFR § 176.907(a) and SP 965 of the IMDG Code.  The small passive vents you describe have little to no ventilation effect, and mainly equalize pressure differentials on opening and closing of containers.  The pentane vapors potentially given off during transport are heavier than air.  In our opinion, passive vents only along the top side rails are not sufficient to provide an adequate exchange of air in cargo transport units.  

Q2. Section 176.907(a) lists a container in one door off operation as one of the methods of achieving an adequate exchange of air in the cargo transport unit.  How is a freight container in one door off operation viewed and handled from a security standpoint?  

A2. This office is unaware of any HMR security requirements that a cargo transport unit in one door off operation would be in conflict with.  The United States Coast Guard Hazardous Materials Division notes that a freight container transported by vessel in one door off operation is viewed and handled, from a security standpoint, in compliance with the vessel's security plan requirements.

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

176.907

Regulation Sections