Interpretation Response #08-0190
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. James Sompii
Cytec Industries, Inc.
5 Garrett Mountain Plaza
West Patterson, New Jersey 07424
Ref. No.: 08-0190
Dear Mr. Sompii:
This is in response to your July 17, 2008 letter asking about the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a shipment of hazardous materials by vessel that originates and terminates outside of the United States, is prepared in accordance with the International Dangerous Goods Code (IMDG Code), and which is never unloaded from the vessel while in the United States.
The HMR apply to the commercial transportation of hazardous materials to, from, or within the United States, including the navigable waters of the United States, even when a shipment is never unloaded from the vessel. However, § 171.22(a) authorizes the use of the IMDG Code as an equivalent to the HMR, when: (1) all or part of the transportation is by vessel; and (2) the shipment complies with the conditions, limitations, and additional requirements set forth in §§ 171.22(b)-(g), 171.23, and 171.25.
In particular, any additional or differing shipping paper and placarding requirements in subparts C and F of 49 CFR part 172, respectively, do not apply to a shipment of hazardous materials prepared in accordance with the IMDG Code which is never unloaded from the vessel in the United States. As provided in § 171.25(d)(1), these requirements apply only to a shipment of hazardous material that is offered, accepted, and transported by motor vehicle within the U.S. port area.
I hope this answers your inquiry.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.22, 171.22, 171.23, 171.25
|§ 171.22||Authorization and conditions for the use of international standards and regulations|