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Interpretation Response #19-0130

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

Interpretation Response Details

Response Publish Date: 02-19-2020
Company Name: Matson    Individual Name: Clifford Bartley
Location state: AZ    Country: US

View the Interpretation Document

Response text:

February 19, 2020

Clifford Bartley
426 N 44th Street
Suite 250
Phoenix, AZ 85008

Reference No. 19-0130

Dear Mr. Bartley:

This letter is in response to your December 5, 2018, letter and subsequent phone conversations with my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantity shipments by vessel. You explain that your company ships Division 2.1 aerosol cans by vessel as a limited quantity material, noting that the aerosol cans are transported in temperature controlled refrigerated containers.

Your questions are paraphrased and answered as follows:

Q1: You reference both § 176.80, which states that cargo moving in limited quantities is exempt from the segregation requirements, when loaded in transport vehicles and fright containers and § 176.200(f), which states that Class 2 flammable materials shipped by vessel may only be shipped in a power refrigerated temperature controlled container that has equipment capable of preventing ignition of flammable vapors by having a non-sparking or explosion-proof electric fitting with the cooling compartment. Specifically, you ask whether the requirements in § 176.200(f) of the HMR apply to limited quantity shipments of Division 2.1 flammable gases.

A1: The answer is yes. The requirements of § 176.200(f) would apply to limited quantities of a Division 2.1 flammable gas.

Q2: You reference the International Maritime Dangerous Goods (IMDG) Code, noting that sections 3.4.3 and 3.4.4 exempt limited quantity shipments from stowage and segregation. You also express your belief that section 7.3.7 does not apply to limited quantity shipments by vessel. Specifically, you ask whether limited quantities can be shipped in accordance with the IMDG Code if at least one leg of the transport is by vessel and, if so, whether the shipment would be subject to the provisions in section of the IMDG Code.

A2: The answer is yes. Provided at least one leg of transport is by vessel, limited quantities can be shipped in accordance with the IMDG Code. While you are correct that limited quantities of hazardous materials shipped under the IMDG Code are exempt from stowage and segregation requirements, limited quantity shipments of Division 2.1 compressed gases would still be subject to the requirements in section Similar to § 176.200(f) of the HMR, section of the IMDG Code requires use of explosion proof electrical fittings when flammable gases are shipped in containers that require temperature control for commercial reasons, rather than safety reasons.

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


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

176.80, 176.200(f)

Regulation Sections

Section Subject
§ 176.200 General stowage requirements