Interpretation Response #00-0317 ([Air Products and Chemicals, Inc.] [Mr. Richard J. Lloyd])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Air Products and Chemicals, Inc.
Individual Name: Mr. Richard J. Lloyd
Location State: PA Country: US
View the Interpretation Document
Response text:
March 7, 2001
Mr. Richard J. Lloyd Ref. No: 00-0317
Manager, Regulatory Compliance
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, PA 18195-1501
Dear Mr. Lloyd:
This is in response to your November 10, 2000, letter requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to transportation under the International Maritime Dangerous Good (IMDG) Code for international cargo vessel transportation
Your questions have been paraphrased and answered as follows:
Q1. If the IMDG Code is used to ship containerized, non-bulk packages by vessel from a facility in the United States to a foreign destination, are the dunnage requirements in § 176.76(a) applicable?
Specifically is wood dunnage required?
Al. As provided by § 171.12, a hazardous material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code may be offered and accepted for transportation and transported within the United States subject to certain conditions and limitations. Since none of these conditions and limitations include specific compliance with § 176.76(a), a containerized shipment that is transported by vessel may be prepared in accordance with the IMDG Code instead of the specific provisions of § 176.76(a).
The provisions of the IMDG Code relating to freight container packing are performance based and do not provide prescriptive guidance with regard to the specific methods for securing packages. As provided by 7.5.2.2 of the IMDG Code, “Packaged dangerous goods and any other goods within the same cargo transport unit should be tightly packed and adequately braced and secured for the voyage. The packages should be packed in such a way that there will be a minimum likelihood of damage to fittings during transport. Such fittings on packages should be adequately protected.” Freight containers packed to meet these requirements do not specifically require wood dunnage. However, cargo shipped in conformance with the dunnage requirements and other requirements in § 176.76(a) of the HMR would also meet the IMDG Code requirements for cargo securement.
Q2. Is DOT E-9689 necessary for transportation under the IMDG Code?
A2. DOT E-9689 authorizes certain dense or heavy hazardous materials to be secured against movement in a freight container or transport vehicle by the use of a fabric restraint dunnage system when shipped by cargo vessel. As stated above, a containerized hazardous materials shipment that is prepared and transported in accordance with the IMDG Code need not comply with the specific provisions of § 176.76(a). Therefore, compliance with the specific terms of this exemption is not required for vessel transportation, either domestic or international, when conducted in accordance with the provisions of the IMDG Code. However cargo shipped in accordance with the fabric restraint dunnage system authorized by DOT E-9689 would also meet the IMDG Code requirements for cargo securement.
I hope this information is helpful.
Sincerely,
John A. Gale
Transportation Specialist
Office of Hazardous Materials Standards
176.76