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Interpretation Response #08-0150

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

Interpretation Response Details

Response Publish Date: 03-06-2009
Individual Name: Mr. William J. Briner
Location state: MT    Country: US

View the Interpretation Document

Response text: March 6, 2009

Mr. William J. Briner
1324 Westbend Drive
Dardenne Prairie, MO 63368

Ref. No. 08-0150

Dear Mr. Briner:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the authorization and conditions for use of international standards and regulations. Specifically, you ask for clarification of the requirement to provide timely and complete written information to forwarding agents at the place of entry into the United States for hazardous materials that are imported into the United States. Your questions are paraphrased and answered as follows:

Q1. If the requirements in the International Civil Aviation Organization Technical Instructions (ICAO TI) or the International Maritime Dangerous Goods Code (IMDG Code) are met for a hazardous materials shipment transported into the United States and there are no additional HMR requirements applicable to the shipment, must the requirement in § 171.22(f) for written information be met?

A1. Provided there are no additional conditions or requirements as provided in Part 171, Subpart C, the answer is no. Except for shipments transported into the United States from Canada that conform to § 171.12 (see § 171.22(f)), the provision applies to HMR requirements that are specified for a shipment in addition to the requirements of the international standard or regulation being used.

Q2. For shipments that have additional HMR requirements, does the following statement meet the written information requirement in § 171.22(f)? "Compliance with all the provisions of ICAO/IATA or the IMDG Code for this shipment will also comply with the U.S. DOT Hazardous Materials Regulations with the following additional requirements (or exceptions)." This statement would be followed by additional written information to the forwarding agent, e.g., additional requirements for PIH materials, combustible liquids, RQs, placarding, emergency response information, etc.

A2. The HMR does not require specific wording to be used to meet the requirement in § 171.22(f). Therefore, your proposed wording is acceptable provide it is followed by specific information concerning the applicable additional conditions or requirements imposed.

Q3. If the additional HMR requirements are included in the ICAO TI under U.S. variations, are the variations required to be included in the written information?

A3. No. U.S. variations included in the international standard or regulation being used are covered by your statement in Q2. It is not necessary to repeat the variations in the written information applicable to the shipment.

I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office.


Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

171.22(f), 171.21

Regulation Sections

Section Subject
§ 171.12 North American Shipments