Interpretation Response #05-0275
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Nov 21, 2005
Mr. Cliff Bartley Reference No. 05-0275
5 800-1 William Mills Street
Jacksonville, Florida 32226
Dear Mr. Bartley:
This is in response to your October 24, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of § 176.400(c), which requires Division 1.5 and Class 5 (oxidizers and organic peroxides) materials to be stowed in a separate compartment or hold from any readily combustible material during transportation by vessel. You ask if that section applies to materials transported in a closed transport unit (CTU), as break-bulk cargo, or both.
The stowage restriction in § 176.400(c) applies to any Division 1.5 or Class 5 material, regardless of whether it is transported inside a CTU or as break-bulk cargo. Thus, under the HMR, any Division 1.5 or Class 5 material transported by vessel must be stowed in a separate compartment or cargo hold from any readily combustible material. You are correct that paragraph 7.1 .11 .1 of the International Maritime Dangerous Goods Code (IMDG Code) includes an exception from this stowage restriction for Division 5.1 materials in CTUs. Note, however, that in accordance with paragraph 184.108.40.206, precautions must be taken to avoid the penetration of oxidizing substances into other cargo spaces, bilges, or other areas that may contain combustible material. It is the opinion of this Office and the United States Coast Guard that the exception in paragraph 220.127.116.11 of the IMDG Code would apply to Division 5.1 materials in a CTU stowed in the same compartment or cargo hold as combustible materials in a CTU; however, under the IMDG Code Division 5.1 materials, whether in a CTU or transported as break-bulk cargo, may not be stowed in the same compartment or cargo hold with break-bulk combustible material. Further, Division 1.5 materials are generally required to be stowed in a separate compartment or hold from other cargo that is readily combustible in accordance with paragraph 18.104.22.168.1.1.
I hope this information is helpful. Please contact us if you require additional assistance.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 176.400||Stowage of Division 1.5, Class 4 (flammable solids) and Class 5 (oxidizers and organic peroxides) materials|