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Interpretation Response #18-0041

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

Interpretation Response Details

Response Publish Date: 07-27-2018
Company Name: Schutter Group    Individual Name: Thomas Grabellus
Country: DE

View the Interpretation Document

Response text:

July 27, 2018

Thomas Grabellus
Schutter Group
Alter Wandrahm 12
Block T – Speicherstadt
Hamburg, Germany

Reference No. 18-0041

Dear Mr. Grabellus:

This letter is in response to your February 15, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipment of "UN3528, Machinery, internal combustion, flammable liquid powered, 3" by vessel from Europe to the United States.  You provide the following scenario:

  • The shipper has declared the material complies with Special Provision (SP) 363 of the International Maritime Dangerous Goods (IMDG) Code. 
  • The material contains less than 60 L of liquid fuel and has a capacity of less than 450 L.
  • A transport document accompanies each cargo transport unit (CTU) declaring that the machinery is exempt from the placarding provisions of the IMDG Code and complies with the applicable requirements of SP 363.

Specifically, you ask whether the shipment described above complies with SP 363 of the IMDG Code, and if the labeling and placarding requirements in § 176.906(i)(2) apply to the machinery only or if the CTUs containing "UN3528" shipped in conformance with § 176.906 of the HMR must display labels or placards.

The scenario you provide would be in compliance with SP 363 of the IMDG Code and would not be required to display labels or placards under § 176.906(i)(2) of the HMR.  The labeling and placarding requirements in § 176.906 apply to the "engine or machinery" and are subject to the content and capacity limitations in that section.  "UN3528, Machinery, internal combustion, flammable liquid powered, 3" containing less than or equal to 60 L with an unlimited capacity is excepted from the labeling and placarding requirements in Subparts E and F of Part 172 of this subchapter.

I hope this information is helpful.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division

176.906(i)(2), 176.906

Regulation Sections

Section Subject
§ 176.906 Stowage of engines and machinery