MARITIME REQUIREMENTS

 

Shipments of hazardous materials by vessel within the jurisdiction of the United States must comply with the requirements found in Title 49, Code of Federal Regulations. However, Title 49 authorizes the use of the IMDG Code under the criteria described in 49 CFR 171.22. While the Federal hazardous materials regulations in Title 49 CFR generally agree with the IMDG Code recommendations for the transport of dangerous goods aboard vessels, there are differences. 49 CFR ÅòÅò171.22, 171.23, 171.25 and 176.11 set forth the specific conditions and limitations under which hazardous materials may be transported by vessel in the United States under the provisions of the IMDG Code in lieu of Title 49 requirements. Note that although 49 CFR 171.22 is titled “Authorization And Conditions For The Use Of International Standards And Regulations” the provisions of 49 CFR ÅòÅò171.23 and 171.25 may be applied when all or part of the transport is by vessel, including domestic vessel transport and rail or highway movement, which also includes a maritime transport leg. Because of the wide recognition and application

of the IMDG Code in international maritime transport by both foreign Administrations and vessel operators, it is recommended that it be followed whenever an import or export shipment is being planned.

 

INTERNATIONAL REQUIREMENTS

 

SOLAS. The International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended, deals with various aspects of maritime cargo transportation including: Regulation 3 of Part A of Chapter VII of SOLAS prohibits the carriage of dangerous goods in packaged form except in accordance with the provisions of the IMDG Code.

Competent Authority Designation for the United States. Within the IMDG Code, allowance is made in certain situations for approvals, permits or certificates to be issued by the Competent Authority of a member government. Competent Authority designations for the IMDG Code are listed in Chapter 7.9 of Volume I. The Competent Authority designated for the United States is the Associate Administrator for Hazardous Materials Safety (PHH-1), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation.

The recommended point of contact is:

 

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

Office of International Standards (PHH-70)

East Building / PHH-70

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590-0001

Phone: (202) 366-0656

World Wide Web Address: www.hazmat.dot.gov/

 

U.S. Coast Guard Assistance: In addition, the following office may be contacted to facilitate Competent Authority actions:

U.S. Coast Guard

Hazardous Materials Standards Division (CG-3PSO-3)

2100 Second Street SW

Washington, D.C. 20593-0001

Phone: (202) 372-1420 or (202) 372-1426

 

Other International Maritime Publications. A comprehensive listing of distributors of International Maritime Organization (IMO) publications, including the IMDG Code, is provided in the IMO Publications Catalogue available through the IMO, 4 Albert Embankment, London SE1 7SR, United Kingdom

 

Email: info@imo.org; Fax: +44 207587 3120.

 

SUMMARY OF MARITIME REGULATIONS

 

A summary of federal and international transportation regulations for the loading and securement of hazardous material cargoes for maritime transportation follows:

 

49 CFR Part 176, Carriage by Vessel (IMDG Code Reference Highlights)

 

Åò176.27(c) Certificate. (1) A person responsible for packing or loading a freight container or transport vehicle containing hazardous materials for transportation by a manned vessel in ocean or coastwise service, must provide the vessel operator, at the time the shipment is offered for transportation by vessel, with a signed container packing certificate, at a minimum that - (i) The freight container or transport unit is serviceable for the materials loaded therein, contains no incompatible goods, and is properly marked, labeled or placarded, as applicable; and (ii)

When the freight container or transport unit contains packages, those packages have been inspected prior to loading, are properly marked, labeled or placarded, as applicable; are not damaged; and are properly secured. Volume I: Section 5.4.2 Container/ Vehicle Packing Certificate Requirement.

 

(2) The certification may appear on a shipping paper or on a separate document as a statement such as “It is declared that the packing of the container has been carried out in accordance with the applicable provisions of [of 49 CFR], [of the IMDG Code], or [of 49 CFR and the IMDG code].”

 

Åò176.69 General stowage requirements for hazardous materials. (d) Packages of hazardous materials must be secured and dunnaged to prevent shifting in any direction. Vertical restraints are not required if the shape of the package and the stuffing pattern preclude shifting of the load. (e) Packages of hazardous materials must be braced and dunnaged so that they are not likely to be pierced by the dunnage or crushed by a superimposed load.

 

Åò176.76 Transport vehicles, freight containers, and portable tanks containing hazardous materials. (a) Except as provided in paragraphs (b) through (f) of this section, hazardous materials authorized to be transported by vessel may be carried on board a vessel in a transport vehicle or freight container subject to the following conditions (see additional requirements concerning the transport of Class 1 (explosive) materials in Åò176.168 through Åò176.172 of this subchapter: Volume I: Parts 4 and 7.

 

(1) The material must be in proper condition for transportation according to the requirements of this subchapter. Volume I: Section 5.1.1.2

 

(2) All packages in the transport vehicle or freight container must be secured to prevent movement in any direction. Vertical restraint is not required if the shape of the packages, loading pattern, and horizontal restraint preclude vertical movement of the load within the freight container or transport vehicle. Volume I: Section 7.5.2; Supplement: IMO/ILO/UNECE Guidelines for Packing of Cargo Transport Units; Section 4 Additional advice on the packing and securing of dangerous goods

 

(3) Bulkheads made of dunnage which extend to the level of the cargo must be provided unless the packages are stowed flush with the sides or ends. Supplement: IMO/ILO/UNECE Guidelines for Packing of Cargo Transport Units; Section 4 Additional advice on the packing and securing of dangerous goods

 

(4) Dunnage must be secured to the floor when the cargo consists of dense materials or heavy packages. Supplement: IMO/ILO/UNECE Guidelines for Packing of Cargo Transport Units; Section 3.2.2 Ladings, such as those transported in full size drums, are subject to this requirement.

 

(5) Each package marked in accordance with 172.312(a)(2) of this subchapter must be stowed as marked. Supplement: IMO/ ILO/UNECE Guidelines for Packing of Cargo Transport Units; Sections 3.2.11 and 4.3.6 Package Orientation within freight container.

 

(6) Any slack spaces between packages must be filled with dunnage. Supplement: IMO/ILO/UNECE Guidelines for Packing of Cargo Transport Units; Section 3.2.3 No voids. Place any required labels and markings in such a way as to make visual inspection easier for inspectors. It may save time and expense.

 

(7) The weight in a container must be distributed throughout as evenly as possible and the maximum permissible weight must not be exceeded. Supplement: IMO/ILO/UNECE Guidelines for Packing of Cargo Transport Units; Section 3.2.5 Even load; Distributed.

 

(8) Adjacent levels of bagged and baled cargo must be stowed in alternate directions so that each tier binds the tier above and below it.

 

(10) The lading must be contained entirely within the freight container or vehicle body without overhang or projection except that oversized machinery such as tractors or vehicles with batteries attached may overhang or project outside the intermodal container provided all of that portion of the lading that consists of hazardous materials is contained entirely within the freight container. No open bed container or vehicle is permitted to carry hazardous materials unless it is equipped with a means of properly securing the lading. Supplement: IMO/ILO/UNECE

Guidelines for Packing of Cargo Transport Units; Section 3.1.9 Hazardous materials must be within freight container or vehicle body. Open bed containers must be equipped with restraint capability.

 

(b) A transport vehicle containing hazardous materials may be carried only on board a trailer ship, ferry vessel or car float.

 

Åò176.83 Segregation. (d) Segregation in transport units: Two hazardous materials for which any segregation is required may not be stowed in the same transport unit. Volume I: Chapter 7.2.2 Segregation required for incompatible hazardous materials.