{"operation":"document","citation":"PHMSA Guidance, 24-0072","title":"24-0072","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-03-24","effective_on":"2025-03-24","summary":"24-0072 Document 240072.pdf (1.27 MB) 24-0072 PDF Issued Date: Monday, March 24, 2025","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0072-a00f8fbc.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0072-a00f8fbc.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0072-a00f8fbc","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/24-0072","body":"24-0072\n\nDocument\n\n 240072.pdf (1.27 MB)\n\n 24-0072 PDF\n\n Issued Date: Monday, March 24, 2025\n\n<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 24, 2025\nMr. Frank Lopez\nRegulatory Compliance Specialist\nCouncil on Safe Transportation of Hazardous Articles (COSTHA)\n101 Ridge Street, Suite I\nGlens Falls, NY 12801\nReference No. 24-0072\nDear Mr. Lopez:\nThis letter is in response to your August 19, 2024, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to an article. Specifically, you\nask about a valve for internal combustion engines (e.g., automobile or aircraft engines)\ncontaining a small quantity of sodium or potassium sodium alloy encapsulated and sealed within\nthe valve cavity by welding.\nWe have paraphrased and answered your questions as follows:\nQ1. Is the guidance issued in an August 20, 2002, letter of interpretation (LOI) under\nReference No. 02-0159 still valid?\nA1. Yes. The guidance issued in an August 20, 2002, LOI under Reference No. 02-0159 is\nstill valid. It remains our determination that 1.6 grams or less of sodium or potassium\nsodium alloy encapsulated and sealed by welding within a valve for an internal\ncombustion engine is in a quantity and form that does not pose a hazard in transportation\nand—therefore—these articles are not subject to the HMR. This determination does not\napply to valves containing more than 1.6 grams of sodium or potassium sodium alloy,\nwhich must be shipped in conformance with all applicable requirements of the HMR.\nQ2. Are engine exhaust valves containing 1.6 grams or less of sodium or potassium sodium\nalloy encapsulated and sealed by welding within a valve for an internal combustion\nengine—as described in LOI Reference No. 02-0159—subject to the HMR when offered\nfor carriage by any mode of transportation to, from, or within the United States?\n\n<<>>\n\nA2. No, see answer A1. It should be noted that when the engine exhaust valves are\ntransported outside the United States, they may be subject to the regulations of the\ncountry to, from, or through which they are being transported. Other international\nregulations may also apply, including the International Civil Aviation Organization’s\nTechnical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) or\nthe International Maritime Dangerous Goods (IMDG) Code.\nWe hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPollack\n24-0072\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: COSTHA Letter of Interpretation to Confirm PHMSA LOI 02-0159 Applicability\nDate: Wednesday, August 21, 2024 9:00:32 AM\nAttachments: image001.png\nCOSTHA Requesting Confirmation of LOI 02-0159.pdf\nHello Alice,\nPlease see the attached interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: L'Gena Shaffer \nSent: Monday, August 19, 2024 11:48 AM\nTo: Kelley, Shane (PHMSA) \nCc: INFOCNTR (PHMSA) ; L'Gena Shaffer ;\nChris Yakush ; Tom Ferguson ; Frank Lopez\n; Anne Barry \nSubject: COSTHA Letter of Interpretation to Confirm PHMSA LOI 02-0159 Applicability\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content is\nsafe.\nGood morning Shane!\nAttached please find COSTHA’s request to confirm the interpretation of LOI 02-0159,\ndetermining that an article, such as a valve for internal combustion engines containing a\nsmall quantity of sodium or potassium sodium alloy encapsulated and sealed within the\nvalve, is not subject to the requirements of the Hazardous Materials Regulations.\nWe appreciate your review and response.\nPlease let me know if you have any questions.\nBest,\nL’Gena Shaffer, CDGP\nDirector, Regulatory Compliance\nCOSTHA\nhttp://www.costha.com\nlgena@costha.com\nDirect: 518-761-0389 Extn. 206\nCOSTHA Office: 518-761-0389\nF: 518-792-7781\n-- -- -- -- --\nFollow us on LinkedIn\n\n<<>>\n\nFollow us on Instagram (@costha1972)\nENGAGE IN YOUR COSTHA MEMBERSHIP: Upcoming Events, Meetings, &\nWebinars\n-- -- -- -- --\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject\nmatter covered as a service to our clients and has been answered to the best of our ability based on the\ninformation provided to us. We do not guarantee the accuracy or completeness of any such interpretation\nor information, however, nor do we warrant that compliance with any advice we provide will guarantee\ncompliance with any legal or regulatory requirements. Our statements or opinions do not convey legal\ninterpretation and government authorities or legal counsel should be contacted for such a response.\n\n<<>>\n\nAugust 19, 2024\nPresident\nDan Hankinson\nProgram Manager\nStellantis\nFirst Vice President\nJanet Kolodziey-Nykolyn\nDir. Global Dangerous Goods Compliance\nPfizer, Inc.\nSecond Vice President\nCarolyn Weintraub\nDir. Regulatory & Government Affairs US\nReckitt\nTreasurer\nVeronica Wilson\nDirector, HM Transportation\nWal-Mart, Inc\nSecretary\nDave Madsen\nReg. Compliance Specialist - Americas\nAutoliv ASP, Inc.\nExecutive Committee\nSamuel Moyers\nDirector of Transportation Safety\nARCADIS\nBoard of Directors\nCarla Andrews\nDG Safety Manager\nFedEx Logistics\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Ave., SE\nWashington, D.C. 20590-0001\nSubmitted: Via Email\ncc: infocntr@dot.gov\nDear Mr. Kelley,\nCOSTHA would like to request a formal letter of interpretation regarding the\nstanding interpretation of Letter of Interpretation (LOI) 02-0159. Specifically, we\nwould like to confirm that the interpretation provided by the LOI, determining that an\narticle, such as a valve for internal combustion engines containing a small quantity\nof sodium or potassium sodium alloy encapsulated and sealed within the valve, is\nnot subject to the Hazardous Materials Regulations.\nJon Pelis\nSr. Manager, Dangerous Goods / Product\nRegulatory Compliance\nThe Boeing Company\nJohn Redman\nManager, TMNA Hazmat Compliance\nToyota Motor North America, Inc.\nLynn Reiman\nGlobal Regulated DG Director\nUPS\nErik Steinbeck\nGlobal Logistics Manager\nParker Hannifin - LORD Corporation\nWim Verkuringen\nDirector DG & Transportation Safety\nJohnson & Johnson\nMike Wentz\nSr. Specialist Hazmat/DG Compliance\nAmerican Airlines\nCOSTHA is a not-for-profit organization representing manufacturers, shippers,\ndistributors, carriers, freight forwarders, trainers, packaging manufacturers and\nother associated with the hazardous materials transportation industry. In addition to\npromoting regulatory compliance and safety in hazardous materials transportation,\nCOSTHA assists its members and the public in evaluating the practicality and\nefficacy of laws, rules and regulations for the safe transportation and distribution of\nhazardous materials. COSTHA is also pleased to have 17 air carriers included in\nour membership.\nCOSTHA requests this interpretation to confirm our understanding that an\narticle such as a valve for internal combustion engines containing a small\nquantity of sodium or potassium sodium alloy that is encapsulated and sealed\nwithin the valve is not subject to the regulations and does not require a\nCompetent Authority Approval to be transported.\nGeneral Counsel\nRichard Schweitzer, PLLC\nLetter of Interpretation 02-0159 states:\nBased on the information provided, it is our determination that 1.6\ngrams or less of sodium or potassium sodium alloy encapsulated and\nsealed by welding within a valve for an internal combustion engine is in\na quantity and form that does not pose a hazard in transportation and,\ntherefore, these articles are not subject to the HMR. This determination\ndoes not apply to valves containing more than 1.6 grams of sodium or\npotassium sodium alloy, which must be shipped in conformance with all\napplicable requirements of the HMR.\nCouncil on Safe Transportation of Hazardous Articles\n101 Ridge Street, Suite I, Glens Falls, NY 12801 • Phone: (518)761-0389 • Fax: (518)792-7781 •\nwww.costha.com\n\n<<>>\n\nBackground\nA COSTHA member has provided the following recent developments occurring in\nGermany.\nIn 2020, PHMSA’s biennial international harmonization ruling under docket HM-\n215O adopted new UN numbers for several Articles, n.o.s. proper shipping names,\nincluding UN3543, Articles containing a substance which in contact with water\nemits flammable gases.\nAn automaker supplier from Germany, sought and received a competent authority\napproval from BAM, assigning the valves to the new UN3543 classification for\npurposes of maritime transport.\nSubsequently, on March 11, 2024, the automaker received an analogous competent\nauthority approval from BAM for the subject valves to be transported under UN3543.\nAlthough an exemption from dangerous goods regulations was not sought originally, the\nsupplier has now indicated they are pursuing exempt status with BAM. The automaker\nhas been shipping these articles for over 20 years without incident, and there are\nlikewise no known safety incidents across the US automotive industry.\nClassification of these articles under Division 4.3 would trigger placarding under Table 1 of\n49CFR §172.504. Placarding as Division 4.3 would render carriers unwilling to accept and/or\nunauthorized to carry these valves, after having transported them for over 20+ years without\nincident or regulation.\nFurther, such requirements would unnecessarily apply to each US automobile manufacturer\nusing such valves, triggering the need for additional competent authority approvals to offer\nthese articles for shipment. The 49 CFR states in Special Provisions 131 and 391, and\nPackaging Instruction § 173.214 for entry UN3543.\nSpecial Provision 131 This material may not be offered for transportation unless\napproved by the Associate Administrator.\nSpecial Provision 391 Except for articles being transported by motor vehicle as a\nmaterial of trade in accordance with § 173.6 of this subchapter, articles containing\nhazardous materials of Division 2.3, or Division 4.2, or Division 4.3, or Division 5.1, or\nDivision 5.2, or Division 6.1 (substances with an inhalation toxicity of Packing Group I)\nand articles containing more than one of the following hazards: (1) Gases of Class 2; (2)\nLiquid desensitized explosives of Class 3; or (3) Self-reactive substances and solid\ndesensitized explosives of Division 4.1, may only be offered for transportation and\ntransported under conditions approved by the Associate Administrator.\nICAO/IATA shows entry UN3543 as forbidden on aircraft.\nThe IMDG entry states to see para 2.0.6.6 and Special Provision 391\n2.0.6.6 Subsidiary hazards shall be representative of the primary hazard posed by the\nother dangerous goods contained within the article. When only one dangerous good is\npresent in the article, the subsidiary hazard(s), if any, shall be the subsidiary hazard{s)\nidentified in column 4 of the Dangerous Goods List. If the article contains more than one\ndangerous good and these could react dangerously with one another during transport,\neach of the dangerous goods shall be enclosed separately (see 4;1.1.6).\nSpecial Provision 391 Articles containing dangerous goods of class 2.3, or class 4.2, or\nclass 4.3, or class 5.1, or class 5.2 or class 6.1 for substances of inhalation toxicity\n2 | P a g e\n\n<<>>\n\nrequiring packing group I and articles containing more than one of the hazards listed in\n2.0.3.4.2 to 2.0.3.4.4 shall be transported under conditions approved by the competent\nauthority.\nCOSTHA requests affirmation that LOI 02-0159 is still valid determining that engine exhaust\nvalves containing less than 1.6 g of sodium metal are not subject to the HMR when offered for\ncarriage by any mode of transportation to, from, or within the United States.\nCOSTHA appreciates your review of this interpretation request, and we look forward to hearing\nfrom you soon. Please contact us with any questions.\nSincerely,\nFrank Lopez\nRegulatory Compliance Specialist\nCOSTHA\n3 | P a g e","truncated":false,"body_characters":12620}