Interpretation Response #01-0288 ([Clariant Corporation] [Mr. Robert F. Rau])

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

Interpretation Response Details

Response Publish Date: 01/03/2002

Company Name: Clariant Corporation

Individual Name: Mr. Robert F. Rau

Location State: NC Country: US

View the Interpretation Document

Response text:

January 3, 2002

Mr. Robert F. Rau                   Reference No.: 01-0288
Manager, Transportation
    Regulatory Affairs
Clariant Corporation
4000 Monroe Road
Charlotte, NC 28205

Dear Mr. Rau:

This is in response to your letter requesting clarification of the exceptions for marine pollutants in
§ 171.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 ­180).  Your company imports marine pollutants in non-bulk packages by vessel, and then reships them to domestic customers via motor vehicle, rail car, and aircraft.  The non-bulk packages are permanently marked and labeled in accordance with the International Maritime Dangerous Goods (IMDG) Code.  You asked whether you can offer the marine pollutants for transportation in domestic commerce by motor vehicle, rail car, and aircraft as not regulated by adding a package marking indicating the materials are not subject to the HMR.

Section 171.4 excepts marine pollutants in non-bulk packages from the requirements of the HMR when transported by motor vehicle, rail car, or aircraft.  That means they are not subject to the requirements for shipping papers, markings, labels or placards when transported by highway, rail or air.  The markings that were required to be affixed to the packages for transportation by vessel need not be removed or covered for subsequent transportation by other modes.  It is permissible to add a notation on the packages indicating that they are not regulated when transported by highway, rail or air, but such a notation is not required.  Alternatively, § 171.12(b)(2) provides that a material subject to the IMDG code, but not subject to the HMR, may be transported in the United States when described on a shipping paper, marked, and labeled in accordance with the IMDG code.

I hope this information is helpful.

Sincerely,

John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Safety

171.4

Regulation Sections