Interpretation Response #06-0078 ([Air Products and Chemicals, Inc.] [Mr. Don Silfies])

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

Interpretation Response Details

Response Publish Date: 08/24/2006

Company Name: Air Products and Chemicals, Inc.

Individual Name: Mr. Don Silfies

Location State: PA Country: US

View the Interpretation Document

Response text:

Aug 24, 2006

Mr. Don Silfies                Reference No. 06-0078
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, PA 18 195-1501

Dear Mr. Silfies:

This responds to your letter dated March 29, 2006, regarding applicability of the requirements in § 172.12 to international shipments by vessel of three substances, “Titanium Tetrachloride, UN 1838”, Phosphorus Oxychloride, UN 1810”, and Boron Tribromide, UN 2692”.

These substances are classed in accordance with the Hazardous Materials Regulations (49 CFR Parts 171-180) as a Class 8 (Corrosive) with a subsidiary hazard of Division 6.1 (Poison) liquid, and as a material poisonous by inhalation in Hazard Zone B. In the International Maritime Dangerous Goods (IMDG) Code these materials are c assed as Class 8 (Corrosive) with no subsidiary hazard class assigned. Specifically, you ask whether it is required to include the subsidiary hazard of Division 6.1 (Poison) in the shipping description on the dangerous cargo manifest when exporting these three substances from the United States by vessel.

Section § 17 1.12(b) of the HMIR permits transportation in the United States o a material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code, provided that all or part of the transportation is by vessel. However, a material poisonous by inhalation must comply with the addition requirements of § 171.12(b)(8); including the requirements that the shipping description must include the words “Poison-Inhalation Hazard” or “Inhalation Hazard” as required by § 172.203(m); the package must be marked in accordance with § 172.3 13; and the package must be labeled or placarded in accordance with§ 172.12(b)(8)(iv).

You are correct that § 171.12(b)(8) does not specify that a subsidiary hazard or Division, such as “6.1” (Poison) must be included in the shipping description. If your shipping description otherwise conforms to the requirements in § 171.12(b)(8), it is not necessary to include the subsidiary numeric Division “6.1” in the shipping description for the substances described above when shipped in accordance with the IMDG Code. However, it is recommended that the subsidiary hazard be included in the shipping description so
the documentation will match the package. A discrepancy of this nature may cause additional problems with the shipment.

I hope this satisfies you inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.12(b)

Regulation Sections