Interpretation Response #13-0214
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
December 19, 2013
Mr. Todd Strobel
Regulatory Compliance Specialist
3M Center Building 225-4S-18
St. Paul, MN 55144
Ref. No.: 13-0214
Dear Mr. Strobel:
This is in response to your email dated November 8, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to shipments offered in accordance with Canada's Transport of Dangerous Goods Regulations (TDG Regulations). Your questions are paraphrased and answered as follows:
Q1- Must a shipping paper provided for hazardous materials originating in Canada, and offered by motor carrier or rail, conform to all applicable requirements of subpart C of part 171 of the HMR?
A1- Yes. Shipments originating from Canada and offered for transportation by motor carrier or rail in accordance with the TDG Regulations are authorized for transport by § 171.12(a)(1) provided the applicable requirements in §§ 171.22 and 171.23 are met.
Q2- Is it necessary for shipping papers for shipments originating in Canada to indicate the number and type of packages?
A2- - Shipments originating from Canada and offered for transportation by motor carrier or rail in accordance with the TDG Regulations are authorized for transport by § 171.12(a)(1) provided the applicable requirements in §§ 171.22 and 171.23 are met. TDG Regulation 3.5 (1)(e) requires a number of small means of containment for all dangerous goods that require a label to be displayed on them to be indicated on shipping papers, but no requirement equivalent to the § 172.202(a)(7) HMR requirement to indicate a type of package exists in the TDG Regulations. There is no requirement in subpart A or subpart C for shipping papers accompanying shipments made in accordance with TDG regulations to comply with § 172.202. Furthermore, section 171.12(a)(1) specifically excepts shipments transported in accordance with the TDG Regulations from parts 172, 173, and 178 of subchapter C of the HMR (except as otherwise provided in subpart A and subpart C of 171).
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
171.12, 171.22, 171.23
|§ 171.23||Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations|