Q1. You ask if a "shipping container" (i.e., a freight container) meets the definition of a "transport vehicle" as specified in § 173.227(c).

A1. The answer is no. As defined in § 171.8, a "freight container" means a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages during transportation. A "transport vehicle" is defined as a cargo-carrying body such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. As a freight container is not a cargo-carrying body used for the transportation of cargo, it would not meet the definition of a transport vehicle.

Q2. You ask if a sealed freight container loaded on a vessel during the course of transportation to its final destination meets the requirement in § 173.227(c) that "shipments must be from one origin to one destination only without an intermediate pickup or delivery."

A2. The answer is no. As a freight container does not meet the definition of a transport vehicle, the shipment does not meet all of the criteria in § 173.227(c) (see A1).

Please note that if a transport vehicle were to be used instead of a freight container, the answer would be yes. Transportation of a hazardous material has concluded when the package is delivered to the final destination as indicated on the shipping document, package marking, or other medium; the carrier relinquishes possession of the package; and the carrier is no longer responsible for performing functions subject to the HMR for that particular package. Therefore, it is the opinion of this Office that if the transport vehicle is still en route to the final destination indicated on the shipping document, package marking, or other medium, and the drums remained sealed inside the transport vehicle, it will still comply with the packaging requirements of § 173.227(c). Please note that the shipment must still meet all applicable domestic and international requirements (see A3).

Q3. You ask if a shipment of a material poisonous-by-inhalation, Division 6.1, Packing Group I, Hazard Zone B packaged per § 173.227(c) would be authorized for international vessel transportation.

A3. The answer is yes, provided the packaging also conforms to international regulations. In accordance with § 171.23(a)(10)(ii), a material poisonous-by-inhalation must be packaged in accordance with the requirements of the HMR. Therefore, if the shipment meets applicable HMR requirements in addition to the packaging requirements of § 173.227(c), the shipment is authorized. Please note this entails compliance with the International Maritime Dangerous Good (IMDG) Code for the transportation of the material in order to be authorized.