Interpretation Response #05-0160 ([CheckPoint Mailers Incorporated] [Mr. Cliff Bartley])

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

Interpretation Response Details

Response Publish Date: 07/27/2005

Company Name: CheckPoint Mailers Incorporated

Individual Name: Mr. Cliff Bartley

Location State: GA Country: US

View the Interpretation Document

Response text:

Jul 27, 2005

Mr. Cliff Bartley                       Reference No. 05-0160
Horizon Lines
5800-1 William Mills St., Blount Island
Jacksonville, FL 32226

Dear Mr. Bartley:

This is in response to your letter requesting clarification of the vessel stowage and segregation requirements for “Nitric acid,” UN203 1 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that there are inconsistencies between the HMR and the International Maritime Dangerous Goods (IMDG) Code stowage and segregation requirements for the UN2031 entries. Specifically, you ask whether the HMR stowage and segregation requirements assigned to “Nitric acid, other than red fuming, with more than 70 percent nitric acid,” UN2031, Packing Group I, and “Nitric acid, other than red fuming with not more than 70 percent nitric acid,” UN2031, Packing Group II are intended to be the same and which requirements apply for a concentration that is less than 50 percent. You also ask the reasoning for assigning Code 111 in § 176.84 to the Packing Group II entry.

Currently under the HMR, the stowage and segregation requirements for the Packing Group I and II entries for UN203 1 are the same; however, our intent is to align these requirements with the IMDG Code in a future rulemaking. With respect to the assignment of Code 111 to the Packing Group II entry, because the code addresses nitric acid with a concentration that exceeds 50 percent, it does not apply to your material that has a concentration of less than 50 percent. Therefore, the HMR stowage and segregation requirements for your material that has a concentration of less than 50 percent are 44, 66, 89, 90 and 110 and the stowage category requirement is Category D.

Although the IMDG Code stowage and segregation requirements for the 1JN203 1 entries are less restrictive than the current HMR requirements, you may want to consider the
alternative use of the IMDG Code as authorized with certain conditions and limitations in§ 171.12(b).

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101 Subpart B
176.84

Regulation Sections