Interpretation Response #09-0164
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
September 16, 2009
Mr. Andrews Bethmann
Cytec Supply Chain
Cytec Industries Inc.
5 Garret Mountain Plaza
West Patterson, NJ 07424
Ref No.: 09-0164
Dear Mr. Bethmann:
This is in response to your June 4, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) as they pertain to securing hazardous materials within freight containers. Specifically, you requested a confirmation that your Cordstrap © load bracing system is excepted from the requirements of § 176.76(a) provided that the freight container is shipped internationally by vessel and the provisions of 126.96.36.199 of the IMDG Code are met.
You are correct. As provided in §§ 171.22 and 171.25, a hazardous material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code may be offered and accepted for transportation and transported within the United States subject to certain conditions and limitations. Since none of these conditions and limitations include specific compliance with § 176.76(a), a containerized shipment that is transported internationally by vessel may be packed and secured in accordance with 188.8.131.52 of the IMDG Code instead of the specific requirements of § 176.76(a).
I hope this information is helpful. Please contact this office should you have additional questions.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.22, 171.25, 176.76(a
|§ 171.22||Authorization and conditions for the use of international standards and regulations|