Interpretation Response #13-0020
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 13, 2013
Mr. Dwayne McNally
North American Logistics Manager
Cytec Industries Inc.
P.O. Box 425
South Cherry Street
Wallingford, CT 06492
Reference No.: 13-0020
Dear Mr. McNally:
This is in response to your January 21, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You present a scenario involving an export shipment of combustible liquids in IBC’s and ask about the ability to remove placards from the cargo transport unit in the port. You ask if it is permissible to remove placards from your export transport vehicle containing combustible liquids at the port of departure, and to offer the shipment in accordance with the International Maritime Dangerous Goods Code (IMDG) Code as not regulated even though the IBC’s inside the cargo transport unit would be placarded NA 1993. You state it is your opinion that § 171.25(d) provides relief in port areas that would allow you to remove the NA 1993 placards from the container and the shipment would continue on to the ship and its final international destination using documentation showing the materials as non-dangerous goods.
Your understanding of the HMR requirements regarding placarding requirements for export of combustible liquid shipments is incorrect. Under § 171.22(c), a material designated as a hazardous material under the HMR, which is not subject to the requirements of the IMDG Code may not be transported under the IMDG Code within the United States and must be transported in accordance with all applicable requirements of the HMR while in the United States.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Senior Regulatory Advisor
Standards and Rulemaking Division
|§ 171.22||Authorization and conditions for the use of international standards and regulations|