Interpretation Response #12-0248 ([Northland Services, Inc.] [Mr. Scott McElhoe])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Northland Services, Inc.
Individual Name: Mr. Scott McElhoe
Location State: WA Country: US
View the Interpretation Document
Response text:
January 14, 2013
Mr. Scott McElhoe
EHSS Manager
Northland Services, Inc.
P.O. Box 24527
Seattle, WA 98124
Mr. John Higgins
JCI Jones Chemicals, Inc.
1919 Marine View Drive
Takoma, WA 98422
Reference No. 12-0248
Dear Messrs. McElhoe and Higgins:
This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the domestic shipment of non-bulk packages of Chlorine, UN2017, 2.3 with subsidiary hazards of 5.1 and 8, and Sulfur dioxide, UN1079, 2.3 with a subsidiary hazard of Class 8. Specifically, you ask if the two commodities may be transported by vessel in the same intermodal freight container. You also submitted data on the two commodities. You ask us to confirm your understanding of the HMR that § 176.83(a)(8) allows the two commodities to be stowed together.
Provided the hazardous materials of the same primary hazard class meet the provisions of § 176.83(a)(8), they may be stowed together regardless of their subsidiary hazard class segregation requirements. The substances must not react dangerously with each other and must not cause: (1) combustion and/or evolution of considerable heat; (2) evolution of flammable, toxic or asphyxiant gases; (3) the formation of corrosive substances; or (4) the formation of unstable substances.
Under the HMR, it is the shipper's responsibility to determine that the substances will not react dangerously with each other and otherwise cause a hazardous situation as provided in § 176.83(a)(8). However, we agree with your determination that the commodities meet the provisions of § 176.83(a)(8) and may be transported in the same intermodal freight container.
I hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
178.83