{"operation":"document","citation":"00-0102","title":"Chemical Products Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-05-16","effective_on":null,"summary":"00-0102 response to Chemical Products Group concerning 173.227.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000102.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministrations\nMAY 16 2000\nMs. Joyce Stratis\nFMC Corporation\nRef. No: 00-0102\nChemical Products Group\n1735 Market Street\nPhiladelphia, PA 19103\nDear Ms. Stratis:\nThis is in response to your letter of April 12, 2000, requesting clarification on the packaging\nrequirements for materials poisonous by inhalation under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180).\nThe packaging requirements of § 173.227(b)(ii) state that the closure must be physically held in place\nby any means capable of preventing back-off or loosening of the closure by impact or vibration during\ntransportation. You ask whether using a bead of silicone caulk around the bung closure meets the\nprovisions of § 173.227(b)(ii).\nThe means you have described for physically holding a bung closure in place is acceptable. I hope this\ninformation is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.22, 166ii\"\n000102\n\n<<<PAGE 2>>>\n\nAPR 12 '00 09:09 FR\nIU 8120250b5012\nr.02104\nFMC Corporation\nREVISED LETTER & REQUEST\nFMIC\nApril 12, 2000\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration (DHM10)\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, DC 20590-0001\nRE: EMERGENCY REQUEST FOR INTERPRETATION & GUIDANCE\n- PENDING ENFORCEMENT ACTION\nDear Mr. Mazzullo:\nWe are requesting an interpretation of the intent of 49 CFR 173.227 (b)\n(2) on an emergency basis. This involves drum shipments of PIH\nmaterials. We are ceasing shipment of these drums until we are\ncompliant with DOT regulations and need direction to ensure that we\nare following the intent of the regulations and that these shipments are not\ninterrupted for a lengthy period of time.\nOn April 4, 2000, Mr. Chris Michalski, Hazardous Materials Enforcement\nSpecialist visited the Nitro, WV plant of Great Lakes Chemical Corporation\n(formerly FMC Corporation).\nAlthough the facility in Nitro, WW is now owned by Great Lakes\nChemicals, FMC still owns the Phosphorus Trichloride (6.1 (8) - UN 1809\n- PG I - Hazard Zone B) and Phosphorus Oxychloride ( 8 (6.1) - UN\n1810 - PG |1 - Hazard Zone B) produced at the facility. Great Lakes acts\nas a toller for FMC Corporation relative to these materials.\nMr. Michalski found the following issues with our 1A1 Steel drums (used\nfor Phosphorus Trichloride) and our 1H1 Plastic drums (used for\nPhosphorus Oxychloride):\n\n<<<PAGE 3>>>\n\nAPR 12 'Ø0 09:09 FR\nTO 812023663012\nP.03/Ø4\n•\n: The plant did not pussess the closure instructions from the drum\nThe plant was not using torque wrenches to tighten the drum bungs\nmanufacturer\n• Questioned whether our cap seals were capable of holding an internal\npressure of 15 psig\n• The bungs were not held in place by a positive means to prevent\nbacking off or loosening due to impact or vibration during transit\nOur Plant is obtaining appropriate closure instructions from the\nmanufacturer, will use torque wrenches to the appropriate torque specified\nby the manufacturer and is obtaining documentation from our cap seal\nvendor that it is capable of withstanding an internal pressure of at least 15\npsig, all per 49 CFR 173.227 (b) (2).\nWe are not certain, however, how to ensure that the closures are\nphysically held in place by any means capable of preventing back-off\nor loosening of the closure by impact or vibration during\ntransportation. We contacted both drum manufacturers (Russell Stanley\nand Republic Steel) as well as Rieke (fittings manufacturer) and they\ncould not provide us with an appropriate means of physically holding the\nclosures in place. We also contacted others in our industry and requested\ntheir methods and they also could not provide us with options since they\nwere not physically holding closures in place.\nIn a previous request to the DOT for interpretation/guidance, we proposed\nusing tape as a means of physically holding the closures in place. We\nhave since revised our thinking. We feel that using a bead of silicone\ncaulk around the bung closure, which will then be subsequently covered\nby the cap seal, will ensure that closures are physically held in place and\nprevent back-off or loosening of these closures by either impact or\nvibration in transit.\nWe also believe that by following the appropriate drum closure\ninstructions provided by the manufacturers, using torque wrenches to the\nprescribed torque and ensuring the cap seals can withstand at least an\nshipping these drums for many vears with no transportation incident\nnternal pressure of 15 psig would ensure proper closure. We have beer\nrelative to these non-bulk shipments.\nI respectfully request the DOT's guidance relative to the above situation.\n\n<<<PAGE 4>>>\n\nWe wish to be in compliance and need this help as soon as possible to\navoid further delay of our shipments.\nVery truly yours.\nManager, Hazardous Materials\nFMC Corporation\n1735 Market Street\nPhiladelphia, PA 19103\n(215) 299-6265\n** TOTAL PAGE.04 **","truncated":false,"body_characters":5051}