Interpretation Response #24-0024
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Parker Hannifin Lord Corporation
Individual Name: Erik Steinbeck
Location State: PA Country: US
View the Interpretation Document
Response text:
April 3, 2024
Mr. Erik Steinbeck
Parker Hannifin Lord Corporation
601 South Street
Saegertown, PA 16433
Reference No. 24-0024
Dear Mr. Steinbeck:
This letter is in response to your February 14, 2024, email and subsequent conversation with my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of materials poisonous by inhalation in intermodal freight containers. You describe a scenario where drums containing "UN2487, Phenyl isocyanate, 6.1, (3), PG I" are transported by vessel in closed intermodal freight containers from China to the Port of New York. The intermodal freight containers are then placed on a vehicle chassis and secured with the locks specifically designed to latch down the container—without intermediary cross-docking or unloading—and transported to their final destination. You note the packaging provisions in § 173.227(c) state that "1A1, 1B1, 1H1, 1N1, 6HA1 or 6HH1 drums described in paragraph (b) of this section may be used without being further packed in a 1A2 or 1H2 drum if the shipper loads the material, blocks and braces the drums within the transport vehicle and seals the transport vehicle used." In addition, § 173.227(c) states that "Drums may not be stacked (double decked) within the transport vehicles. Shipments must be from one origin to one destination only without any intermediate pickup or delivery." You ask whether an intermodal freight container mounted on a vehicle chassis and secured with locks as described in your email may be considered a closed transport vehicle for the purposes of the packaging provisions in § 173.227(c).
The answer is yes. Based on the pictures and videos provided in your email, it is the opinion of this Office that the intermodal freight container configuration described may be considered a closed transport vehicle in accordance with § 173.227(c), as the closed container described is positioned on a vehicle chassis and secured using locks specifically designed to integrate it with the semi-trailer in a mechanical manner.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Shane C. Kelley
Director
Standards and Rulemaking Division
173.227(c)