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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #17-0005 ([Entegris] [Mr. Quentin Yarbrough])

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

Interpretation Response Details

Response Publish Date:

Company Name: Entegris

Individual Name: Mr. Quentin Yarbrough

Location State: TX Country: US

View the Interpretation Document

Response text:

May 31, 2017

Quentin Yarbrough
EHS&S Specialist - DG & Product Compliance
Entegris
706 Houston Clinton Drive
Burnet, TX 78611

Reference No. 17-0005

Dear Mr. Yarbrough:

This letter is in response to your January 16, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging and transport of a material poisonous-by-inhalation, Division 6.1, Packing Group I, Hazard Zone B. Specifically, you point to the packaging configuration in § 173.227(c), which authorizes use of United Nations (UN) performance oriented single packaging when blocked and braced in a transport vehicle, not stacked, and the shipment is "from one origin to one destination only without any intermediate pickup or delivery."

We have paraphrased and answered your questions as follows:

Q1. You ask if a "shipping container" (i.e., a freight container) meets the definition of a "transport vehicle" as specified in § 173.227(c).

A1. The answer is no. As defined in § 171.8, a "freight container" means a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages during transportation. A "transport vehicle" is defined as a cargo-carrying body such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. As a freight container is not a cargo-carrying body used for the transportation of cargo, it would not meet the definition of a transport vehicle.

Q2. You ask if a sealed freight container loaded on a vessel during the course of transportation to its final destination meets the requirement in § 173.227(c) that "shipments must be from one origin to one destination only without an intermediate pickup or delivery."

A2. The answer is no. As a freight container does not meet the definition of a transport vehicle, the shipment does not meet all of the criteria in § 173.227(c) (see A1).

Please note that if a transport vehicle were to be used instead of a freight container, the answer would be yes. Transportation of a hazardous material has concluded when the package is delivered to the final destination as indicated on the shipping document, package marking, or other medium; the carrier relinquishes possession of the package; and the carrier is no longer responsible for performing functions subject to the HMR for that particular package. Therefore, it is the opinion of this Office that if the transport vehicle is still en route to the final destination indicated on the shipping document, package marking, or other medium, and the drums remained sealed inside the transport vehicle, it will still comply with the packaging requirements of § 173.227(c). Please note that the shipment must still meet all applicable domestic and international requirements (see A3).

Q3. You ask if a shipment of a material poisonous-by-inhalation, Division 6.1, Packing Group I, Hazard Zone B packaged per § 173.227(c) would be authorized for international vessel transportation.

A3. The answer is yes, provided the packaging also conforms to international regulations. In accordance with § 171.23(a)(10)(ii), a material poisonous-by-inhalation must be packaged in accordance with the requirements of the HMR. Therefore, if the shipment meets applicable HMR requirements in addition to the packaging requirements of § 173.227(c), the shipment is authorized. Please note this entails compliance with the International Maritime Dangerous Good (IMDG) Code for the transportation of the material in order to be authorized.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

 

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

173.227(c), 171.8, 171.23(a)(10)(ii)

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.8 Definitions and abbreviations
173.227 Materials poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone B