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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0017 ([CSX Intermodal] [Mr. Mark Mullis])

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

Interpretation Response Details

Response Publish Date:

Company Name: CSX Intermodal

Individual Name: Mr. Mark Mullis

Location State: FL Country: US

View the Interpretation Document

Response text:

Apr 17, 2003


Mr. Mark  Mullis                Reference No. 03-0017
Manager, Hazmat Compliance
CSX Intermodal
301 West Bay Street
Jacksonville, FL 32202

Dear Mr. Mullis:

This responds to your letter regarding the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to fumigated lading shipped to the United States in accordance with the International Maritime Dangerous Goods (IMDG) Code, by vessel.

In accordance with the HMR with certain exceptions, if all or part of the transportation is by vessel, a hazardous material which is classed, packaged, marked, labeled, placarded and described in accordance with the requirements of the IMDG Code may be offered and accepted and transported in the United States (See § 171.12(b)). The description “Fumigated Unit, Class 9, UN 3359” is listed in the IMDG Code’s “Dangerous Goods List” and subject to the requirements of the IMDG Code as a fumigated unit loaded with cargoes under fumigation.

The fumigation requirements in § 173.9 of the HMR apply to all modes of transportation (air, water, rail, and highway).  In accordance with the HMR, a “package” (a rail car, freight container, truck body, or trailer) containing any lading which has been fumigated with any material, or is undergoing fumigation, is subject to the requirements of § 173.9, requiring display of the FUMIGANT marking.  However, if the transport vehicle or freight container has been sufficiently aerated so that it does not pose an unreasonable risk to health and safety, the shipment is not subject to the requirements for display of the FUMIGANT marking.

Domestically, a “package” that is subject to the HMR only because of the hazardous materials designation specified in § 173.9(a), is not subject to any other requirements (e.g., shipping papers or emergency response information (See § 173.9(h)). Internationally, transport documents (shipping paper) must indicate the date of fumigation, type and amount of fumigant used, and instructions for disposal of any residual fumigant, including fumigation devices (See § 173.9(f)).

The International Maritime Organization’s Recommendations on the Safe Use of Pesticides in Ships are intended as a guide to competent authorities, mariners, fumigators and pesticide manufacturers, and others concerned.  The IMO’s Recommendations on the Safe Use of Pesticides in Ships generally address national and international controls on pesticide usage and safety precautions relative to pesticide materials or fumigants.  The general safety precautions state that the instructions given on the label of a package of pesticide materials, particularly those relating to safety and disposal of residual material, should be strictly followed.


I hope this information is helpful.  If we can be of further assistance, please contact us.



Delmer F. Billings
Chief, Standards Division
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.9 Transport vehicles or freight containers containing lading which has been fumigated