Interpretation Response #02-0286 ([Morton International] [Walter Sherwood])

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

Interpretation Response Details

Response Publish Date: 08/17/1999

Company Name: Morton International

Individual Name: Walter Sherwood

Location State: MA Country: US

View the Interpretation Document

Response text:

August 17, 1999

Walter Sherwood                 Reference No. 02-0286

Morton International

60 Willow Street

North Andover, Massachusetts 01845

Dear Mr. Sherwood:

This is in response to your letter of August 11, 1999 regarding the shipment of Dimethylhydrazine, Unsymetrical, UN 1163, which is being offered for transportation in accordance with the provisions of the International Maritime Dangerous Goods (IMDG) Code.  You should be aware that although we allow shipments of hazardous materials prepared in accordance with the requirements of the IMDG Code to be transported in the United States, there are conditions and limitations in 49 CFR Hazardous Materials Regulations (HMR) § 171.12 which are applicable to shipments prepared in accordance with the requirements of the IMDG Code.  According to § 171.12(b)(8) your shipment must comply with the following:

§ 171.12(b)(8) When a hazardous material, which is subject to the requirements of the IMDG Code, is a material poisonous by inhalation (see § 171.8 of this subchapter)

(i) The shipping description must include the words "Toxic Inhalation Hazard or

Poison Inhalation Hazard" or "Inhalation Hazard", as required in § 172.203 (m) of this subchapter;

(ii) The material must be packaged in accordance with the requirements of this subchapter; and

(iii) The package must be marked in accordance with §172.313 of this subchapter and labeled and placarded with "POISON INHALATION HAZARD" or "POISON GAS", as appropriate, in accordance with subparts E and F, respectively, of part 172 of this subchapter.

On this basis, even though we authorize the use of labels according to the IMDG Code, your package must have a poison inhalation hazard label.  Mandatory use of the poison inhalation hazard label was delayed until October 1, 1999 according to § 171.14(e) which states "Notwithstanding §§ 172.416 and 172.429 of this subchapter specified in the July 22, 1997 final rule, when labels are required by subpart E of part 172 of this subchapter to be affixed to a material poisonous by inhalation, labels that conform to the requirements of this subehapter in effect on September 30, 1997, may be used on packagings offered for transportation or transported until October 1, 1999." One way to comply with the requirements of the HMR and the IMDG Code is to dual label your package with both the poison inhalation hazard and the poison labels.

The HMR also provides for a delayed implementation of the poison inhalation hazard placard requirement.  In § 171.14(b) a transitional provision states that "For materials poisonous by inhalation, by all modes of transportation, until October 1, 2001, placards may be used that conform to specifications for placards in effect on September 30, 1991, (2) specified in the December 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule." Therefore, until October 1, 2001 an inhalation toxicity placard is not necessary.  Please note, however, that voluntary compliance with the requirements for the inhalation toxicity label and placarding requirements is authorized immediately and that the packaging, package marking, transport vehicle or freight container marking in § 172.313(c) and shipping paper requirements in

§ 171.12(b)(8) must be met.

Sincerely,

Frits Wybenga

International Standards Coordinator

for Hazardous Materials Safety

172.401

Regulation Sections