Interpretation Response #18-0128
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 04, 2019
First Vice President
Atlantic Ro-Ro Carriers, Inc.
95 River Street 3rd Floor
Hoboken, NJ 07030
Reference No. 18-0128
Dear Mr. Lazourenko:
This letter is in response to your October 5, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of Class 7 radioactive material via vessel. Specifically, you provide images of a “hardtop” container used for vessel shipment and ask whether it may be considered a “closed freight container” for purposes of § 176.704 and a “closed container” for the purposes of chapter 188.8.131.52.3 of the International Maritime Dangerous Goods (IMDG) code.
It is the shipper’s responsibility to determine whether the packaging or container is authorized for the hazardous material that is being offered for transportation (see § 173.22(b)). However, based on the images provided and without firsthand inspection of the container, it is the opinion of this Office that the “hardtop” container shown in the images would meet the intent of a closed freight container for shipment of Class 7 radioactive material. Section 173.403 defines a “closed freight container” as “a freight container which totally encloses its contents by permanent structures.” See Interpretation Letter 14-0143 for additional clarification on this subject. You also ask if the “hardtop” container could be considered a “closed container” for the purposes of chapter 184.108.40.206.3 of the IMDG code. Although the IMDG code does not define the term “closed container” based on the images provided, it is the opinion of this Office that the “hardtop” container shown in the images would also be considered a “closed container” for the shipment of Class 7 radioactive material for purposes of the IMDG code.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division
176.704, 173.22(b), 173.403