August 28, 2017

 

Michael Yarwood

Claims Executive

TT Club

90 Fenchurch Street

London  EC3M 4ST

 

Reference No. 17-0046

 

Dear Mr. Yarwood:

 

This letter is in response to your April 3, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of phosphorous oxychloride and phosphorous trichloride in United Nations (UN) portable tanks.  The hazardous materials are transported from Europe to the United States in UN portable tanks in accordance with the International Maritime Dangerous Goods Code.  Specifically, you ask whether these UN portable tanks must be marked with a “U” stamp.  

 

A UN portable tank used to import “UN1810, Phosphorus oxychloride, 6.1, (8), PG I, Toxic Inhalation Hazard Zone B” and “UN1809, Phosphorus trichloride, 6.1, (8), PG I, Toxic Inhalation Hazard Zone B” into the United States must be designed and constructed in accordance with the requirements in Section VIII, Division I of the American Society of Mechanical Engineers (ASME) Code.  Additionally, portable tanks must have an ASME certification and a “U” stamp when used for Hazard Zone A or B toxic by inhalation liquids as required by § 178.274(b)(1).  The U.S. Department of Transportation requires Zone A or B toxic by inhalation liquids to be transported in ASME Code “U” stamped portable tanks regardless of what other regulatory standards may allow.  Other design codes may be used if approved by the Associate Administrator.

 

In your email, you reference a letter of interpretation previously issued under Reference No. 13‑0151 that authorizes in the United States the use of a UN standard packaging, including a UN portable tank, manufactured outside of the United States in conformance with national or international regulations based on the UN Recommendations on the Transport of Dangerous Goods.  This response remains correct for hazardous materials that are not toxic by inhalation.  However, the response in 13-0151 is not applicable to materials toxic by inhalation or the

 

situation described in your email.  Specifically, § 171.23(b)(10)(ii) requires a material toxic by inhalation to be packaged in accordance with the requirements of this subchapter.  As such, all relevant requirements in the HMR apply including §§ 173.244, 178.273(b)(6), and 178.274(b)(1). 

 

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

 

Sincerely,

 

 

 

Duane Pfund

International Standards Coordinator

Standards and Rulemaking Division

 

178.274(b)(1), 171.23(b)(10)(ii), 173.244, 178.273(b)(6),