The Journal of HazMat Transportations™ Exclusive Comments on U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations

摘要

From § 171.25(b)(2) which states: "For transportation by vessel, the stowage and segregation requirements in Part 7 of the IMDG Code may be substituted for the stowage and segregation requirements in part 176 of this subchapter." we know that stowage of radioactive materials aboard vessels may be done in accordance with TMDG Code requirements without referring to the vessel stowage requirements in Part 176; and this is common practice. While the HMR requirements contain little to no basis for assessing whether portable roofed freight containers may be considered "closed freight containers" for stowage purposes, the IMDG Code requirement that freight container structures be "permanent" calls into question whether portable roofed freight containers qualify as "closed freight containers" for IMDG Code stowage. Even though PHMSA may believe these freight containers meet the intent of the regulations and hence may be so considered as closed containers, for international shipments there are other governments involved in the decision making, including the country of vessel registry and any ports the vessel may touch on in the course of transporting radioactive materials in portable roofed containers. For this reason, it may be better to resolve the issue through the International Maritime Organization or the International Atomic Energy Agency.