Interpretation Response #19-0075
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: LORD Corporation, Saegertown Operations
Individual Name: Erik W. Steinbeck
Location State: PA Country: US
View the Interpretation Document
Response text:
January 30, 2020
Erik W. Steinbeck
Global Logistics Manager
LORD Corporation, Saegertown Operations
601 South Street
Saegertown, PA 16433
Reference No. 19-0075
Dear Mr. Steinbeck:
This letter is in response to your June 7, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to international transport of flammable liquids by vessel.
You acknowledge that for vessel transport of hazardous materials with a flashpoint of 60 °C or below (in °C closed-cup (c.c.)), the minimum flashpoint must be listed on the shipping document "adjacent" to the basic description. However, you note that the consignment procedures in the International Maritime Dangerous Goods (IMDG) Code do not specify how this should be done. You explain that when your company has hazardous materials identified by the same hazardous materials description, but differing with respect to the flashpoint, your company will "group these items together and list the lowest flashpoint." You provide an example of how your company implements this, and you seek confirmation that it is compliant with the IMDG Code.
Example provided:
Product A—
UN1133, Adhesives, 3, PGII. (15 °C (c.c.)), packaged into ten 55 gallon open-top drums.
Product B—
UN1133, Adhesives, 3, PGII. (11 °C (c.c.)), packaged into five 55 gallon open-top drums.
Dangerous goods declaration (shipping paper) would read—
15 steel drums – UN1133, Adhesives, 3, PGII. (11 °C (c.c.)) – 3,300 liters – 7,100 kg net/1,500 kg gross.
The answer is no. Based on the information you provided, your example of the shipping description would not be compliant. In accordance with the IMDG Code (see 5.4.1.4.3.6) and the HMR (see § 172.203(i)(2)), if the hazardous material has a flashpoint of 60°C (140° F) or below (in °C closed-cup (c.c.)), the flash point must be listed in association with the basic description. This applies to each flammable liquid with a different flash point. In your scenario, a basic description for each of the two materials with different flashpoints shall be indicated on a shipping paper. It is not enough to include the lowest flashpoint for different materials described by the same proper shipping name.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.203(i)(2)
Regulation Sections
| Section | Subject |
|---|---|
| 172.203 | Additional description requirements |