Interpretation Response #21-0091
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 19, 2021
Mr. James V. McManus
7 Commerce Drive
Danbury, CT 06810
Reference No. 21-0091
Dear Mr. McManus:
This letter is in response to your September 9, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of marine pollutants. Specifically, you ask for clarification of the exceptions provided for marine pollutants in § 171.4(c)(2) and Chapter 188.8.131.52 of the International Maritime Dangerous Goods (IMDG) Code when shipping a diluted liquid mixture of potassium permanganate. You state that the material has been classed and described as "UN3082, Environmentally hazardous substance, liquid, n.o.s. (contains potassium permanganate), 9, PG III" and prepared for transportation in packagings containing a net quantity per inner packaging of 5 L or less.
We paraphrased and answered your questions as follows:
Q1. As described, you ask whether the shipment is excepted from the shipping paper requirements specified in Subpart C of Part 172 of the HMR.
A1. The answer is yes. In accordance with § 171.4(c)(2), single or combination packagings containing a net quantity per single or inner packaging of 5 L or less for liquids are not subject to any other requirements of the HMR, provided the packagings meet the general requirements in §§ 173.24 and 173.24a and the marine pollutant is not a hazardous waste, a hazardous substance, or meet any other hazard class.
Q2. You ask whether the shipment is excepted from the documentation requirements specified in Chapter 5.4 of the IMDG Code.
A2. The answer is yes. In accordance with Chapter 184.108.40.206 of the IMDG Code, marine pollutants packaged in single or combination packagings containing a net quantity per single or inner packaging of 5 L or less for liquids or having a net mass per single or inner packaging of 5 kg or less for solids are not subject to any other provisions of the IMDG Code relevant to marine pollutants, provided the packagings meet the general provisions of 220.127.116.11, 18.104.22.168, and 22.214.171.124 to 126.96.36.199.
Q3. You ask whether the shipment is excepted from the marking, labeling, and placarding requirements of Subparts D, E, and F of Part 172 of the HMR.
A3. The answer is yes. See answer A1.
Q4. You ask whether the shipment is excepted from the marking and labeling of packages, and placarding and marking of cargo transport units, as specified in Chapters 5.2 and 5.3 of the IMDG Code.
A4. The answer is yes. See answer A2.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.4(c)(2), 173.24, 173.24a
|§ 173.24a||Additional general requirements for non-bulk packagings and packages|