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Interpretation Response #12-0253 ([Chevron Phillips Chemical Co. LP] [Mr. Joel T. Robertson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Chevron Phillips Chemical Co. LP

Individual Name: Mr. Joel T. Robertson

Location State: TX Country: US

View the Interpretation Document

Response text:

February 8, 2013

 

 

Mr. Joel T. Robertson
Distribution Safety Specialist
Room 5113A
Chevron Phillips Chemical Co. LP
10001 Six Pines Drive
The Woodlands, TX  77380

Reference No.: 12-0253

Dear Mr. Robertson:

This is in response to your November 9, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the transportation of hazardous materials in commerce in accordance with the International Maritime Dangerous Goods (IMDG) Code. You ask if a portable tank received in the United States via vessel from a foreign shipper and in compliance with the IMDG Code may continue to be transported within the United States in accordance with the IMDG Code to its point of destination, regardless of whether it has been temporarily stored at the logistic company's terminal.

Whether or not a vessel shipment can continue to move in the United States in accordance with the IMDG Code is based on the final destination shown on the shipping document.   

Section 171.8 of the HMR defines transportation as the movement of property and loading, unloading, or storage incidental to that movement. 

Further, § 171.8 also provides that storage incidental to movement includes storage at a transloading facility provided the shipping documentation identifies the shipment as a through-shipment and identifies the final destination of the hazardous material.  It does not include storage of a hazardous material at its final destination as shown on the shipping document.

Finally, § 171.25(a) of the HMR provides that a hazardous material may be offered for transportation or transported to, from or within the United States by vessel , and by motor carrier and rail in accordance with the IMDG Code provided all or part of such movement is by vessel.

Therefore, following vessel transport, if the shipping document identifies the shipment as a through-shipment and identifies the final destination of the movement to be other than the logistic company's terminal, the shipment may continue to that final destination point in accordance with the IMDG Code.  However, if the shipping document identifies the logistic company's terminal as the final destination of the hazardous material, the shipment must be brought into full compliance with the HMR prior to any further movement.

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

171.8, 171.25

Regulation Sections

Section Subject
171.25 Additional requirements for the use of the IMDG Code
171.8 Definitions and abbreviations