{"operation":"document","citation":"00-0182","title":"U. S. Department of Labor — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-09-22","effective_on":null,"summary":"00-0182 response to U. S. Department of Labor concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000182.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh St., S.W.\nof Transportation\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nSEP 2 2 2000\nMr. John P. Seiler\nRef. No. 00-0182\nPhysical and Toxic Agents Division\nU. S. Department of Labor\nMine Safety & Health Administration\nP.O. Box 18233\nPittsburgh, Pennsylvania 15236\nDear Mr. Seiler:\nThis is in reference to your letter dated June 20, 2000, requesting clarification on the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of mine air samples\nfrom remote locations to your laboratory in Pittsburgh. Specifically, you propose to class and label\nyour air samples as \"Laboratory Samples- Non-hazardous.\"\nAccording to your letter and enclosures, evacuated 50cc samples bottles are used to collect mine\natmospheric air samples. The glass tip is broken then re-sealed with a plastic cap containing wax and\nshipped to the laboratory for analysis. An analysis is performed at the laboratory for oxygen, nitrogen,\ncarbon dioxide, carbon monoxide, methane, hydrogen, acetylene, ethylene, ethane, and argon. Most\nof the time, the concentrations are around normal atmospheric conditions; however, during some mine\nfires, up to 60% methane can be found.\nUnder §173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office\ndoes not perform that function. According to your laboratory analysis, your gas samples could contain\nas much as 60 % methane which is a Division 2.1 flammable gas, as well as other flammable gases such\nas acetylene, ethylene, and ethane; carbon monoxide which is a Division 2.3 poisonous gas; and\nDivision 2.2 non-flammable gases such as carbon dioxide, oxygen, nitrogen, and argon. It your gas\nsamples meet the hazard class defining criteria in Part 173, they are subject to the HMR. Based upon\nyour hazard class determination, possible shipping descriptions from the Hazardous Materials Table for\ndescribing your gas samples are as follows:\nGas sample, non-pressurized, flammable, n.o.s., 2.1, UN 3167 or\nGas sample, non-pressurized, toxic, flammable, n.o.s., 2.3, UN 3168 or\nGas sample, non-pressurized, toxic, n.o.s., 2.3, UN 3169\n11372\n000182\n\n<<<PAGE 2>>>\n\nSection 173.306(a)(4) requires gas samples to be transported under the following conditions:\n(1) a gas sample may only be transported as non-pressurized gas when its pressure corresponding to\nambient atmospheric pressure in the container is not more than 105 kPa absolute (15.22 psia); (2) non-\npressurized gases, toxic (or toxic and flammable) must be packed in hermetically sealed glass or metal\ninner packagings of not more than one L (0.3 gallons) overpacked in a strong outer packaging; (3) non-\npressurized gases, flammable must be packed in hermetically sealed glass or metal inner packagings of\nnot more than 2.5 L (0.5 gallons) overpacked in a strong outer packaging.\nI hope this satisfies your inquiry.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nU.S. Department of Labor\nPittsburgh Safety & Health Technology Center\nMine Safety and Health Administration\nP.O. Box 18233\nDEPAR\nPittsburgh, PA 15236\nNITED\nIMERICA:\nPHYSICAL AND TOXIC AGENTS DIVISION\nBoothe\nJune 20, 2000\n•\n§ 173.22\nUnited States Department of Transportation\nMr. Edward Mazullo\n00-0182\nOffice of Hazardous Materials Exemptions and Approvals\nResearch\nand Special Programs Administration\n400 7* Street, Southwest\nWashington, DC 20590\nDear Mr. Mazullo:\nThis letter is in reference to my telephone conversation with Mr.\nJames Jones during which we discussed problems we have been\nhaving shipping mine air sample bottles from remote locations to\nour laboratory in Pittsburgh.\nFor many\nyears, the Mine Safety and Health Administration (MSHA)\nshipping sealed 50cc mine air sample bottles from the field to\n(and its predecessor, the United States Bureau of Mines) has been\nits laboratories for subsequent analysis using gas\nchromatographs. These samples,\nimportant during the course of a mine emergency operation or mine\nand their results, are\nfire.\nbecause of questions on whether the samples\nRecently, some express shippers have held up samples\nare a hazardous\nmaterial and fall under the hazardous materials transportation\nregulations. This has caused unacceptable time delays.\nEvacuated 50cc sample bottles (as shown in Figure l enclosed) are\nused to coliect mine atmospheric air samples.\nThe glass tip is\nbroken then re-sealed with a plastic cap containing wax and\nshipped to the laboratory for analysis. In the laboratory, the\nampules are opened under a supersaturated salt water solution and\na septum placed on the bottle (as shown in Figure 2 enclosed). A\nsample is pulled from the bottle and injected into a gas\nchromatograph for subsequent analysis. An analysis is performed\nfor oxygen, nitrogen, carbon dioxide, carbon monoxide, methane,\nhydrogen, acetylene, ethylene, ethane, and argon. Most of the\ntime,\nthe concentrations hover around normal atmospheric\nconditions; however, during some mine\nfires, up to 60% methane\ncan be found.\nIn our opinion, the air samples pose 'little hazard during\ntransportation. The highest pressure differential should only be\none atmosphere.\nWe propose to label them as \"Laboratory Samples\n- Non-hazardous.\"\n\n<<<PAGE 4>>>\n\n2\nto whether they are deemed covered under the appropriate\nPlease examine our use of these sample bottles and inform us as\nspecial packaging and labeling.\nregulations for shipment as a hazardous material requiring\ncould provide us with a letter\nthat we could forward to our\nIf they do not, then perhaps you\nshippers to indicate the minor nature shipment.\nIf you have any questions, please contact me at (412) 386-6980.\nSincerely,\nJohn P. Seiler\nActing Chief\nPhysical and Toxic Agents Division\nEnclosures","truncated":false,"body_characters":5824}