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Interpretation Response #12-0021


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

Interpretation Response Details

Response Publish Date: 03-07-2012
Company Name: Hazardous Control, Inc.    Individual Name: Ms. Mabel Natalia Perez
Location state: FL    Country: US

View the Interpretation Document


Response text:

March 7, 2012

 

Ms. Mabel Natalia Perez
Training Instructor
Hazardous Control Inc.
P.O. Box 522013
Miami, FL 33152

Reference No.: 12-0021

 

Dear Ms. Perez:

This is in response to your January 11, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code. You ask several questions pertaining to ocean transportation by vessel of UN3166. Your questions are paraphrased and answered as follows:

Q1. According to the HMR and the IMDG Code are all vehicles classified as hazardous materials?

A1. Both the HMR and the IMDG Code classify vehicles as hazardous materials (dangerous goods) under identification number UN3166, however; depending upon how the vehicles are shipped relief may be provided from some or all of the regulations.

Q2. Must a shipper's dangerous goods declaration (shipping paper) accompany all shipments of vehicles?

A2. No. Vehicles shipped by vessel in accordance with Special Provision 961 of the IMDG Code are not subject to any other provisions of the IMDG Code. Likewise, vehicles shipped by vessel in accordance with § 176.905(i) of the HMR are not subject to any other requirements of the HMR. Therefore, vehicles shipped in accordance with these provisions, do not require a shipper's dangerous goods declaration (shipping paper).

However, vehicles shipped by vessel in accordance with Special Provision 962 of the IMDG Code are only excepted from the marking, labeling, and placarding provisions of the IMDG Code. Likewise, as provided by § 173.220(h)(2) of the HMR, vehicles shipped by vessel in accordance with §§ 176.905(a)(1), 176.905(a)(2), 173.220(c), 173.220(d), and 173.220(f) of the HMR, as applicable, are also only excepted from the marking, labeling, and placarding requirements of the HMR. Therefore, vehicles shipped in accordance with these provisions, are required to have a shipper's dangerous goods declaration (shipping paper).

Q3. Does IMDG Code Special Provision 961, relating to stowage on a roll-on/roll-off ship also apply to the HMR?

A3. Yes. Section 176.905(i)(2) is the HMR section corresponding to Special Provision 961 of the IMDG Code.

Q4. What are the penalties for failure to comply with the HMR?

A4. The penalties for failure to comply with the requirements of the HMR as they pertain to the transportation of hazardous materials are provided in § 107.329(a) of the HMR.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

 

Sincerely,

 

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

176.905, 173.220, 107.329(a)


Regulation Sections

Section Subject
§ 176.905 Vehicles having refrigerating or heating equipment