{"operation":"document","citation":"00-0193","title":"Hazardous Materials Advisory Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-08-18","effective_on":null,"summary":"00-0193 response to Hazardous Materials Advisory Council concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0193.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0193.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0193","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000193.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAdministration\nAUG 1 8 2000\nMr. Vaughn Arthur\nRef. No. 00-0193\nHazardous Materials Advisory Council\n1101 Vermont Avenue, NW, Suite 301\nWashington, DC 20005-3521\nDear Mr. Arthur:\nThis is in response to your letter dated July 10, 2000, regarding a letter of clarification issued by this\nOffice on September 8, 1999; Reference Number 99-0219. It is your belief that our response is in\nerror.\nIn our letter dated September 8, 1999, we stated that an acetic acid solution that is used as a dye, may\nbe described under the shipping name \"Acetic acid solution\" or \"Dyes, liquid, corrosive, n.o.s.\" It is\nyour opinion that the answer is contrary to the mixtures and solutions proper shipping name selection\ncriteria specified in § 172.101(c)(10) which leads a shipper to \"only one final proper shipping name\nchoice.\" Therefore, you conclude, the acetic acid solution should be described under the shipping\nname \"Dyes, liquid, corrosive, n.o.s.\".\nSection 172.101(c)(10)(i)(F) states that a mixture or solution not identified specifically by name,\ncomprised of a hazardous material identified in the Hazardous Materials Table (§ 172.101; HMT) by\ntechnical name and a non-hazardous material, shall be described using the proper shipping name of the\nhazardous material and the qualifying word \"mixtures\" or \"solutions\" as appropriate, unless the material\ncan be appropriately described by a shipping name that describes its intended application. It was the\nintent of this section to allow a material that is a mixture of a hazardous material that is identified by\nname in the HMT and a non-hazardous material, to be identified by a shipping name that describes its\nintended application or by the proper shipping name of the hazardous material and the appropriate\nqualifying word. It was not the intent of § 172.101(c)(10)(i)(F) to require such a material to be\ndescribed under the materials application name. Therefore, the previous opinion stated in our letter\ndated September 8, 1999 (Reference Number 99-0219) remains valid. We will attempt to clarify this\nsection in a future rulemaking.\n000193\n1.72.19\n\n<<<PAGE 2>>>\n\nIn addition, the HMR do not limit a material to the selection of only one proper shipping name. The\nHMR state that for a material not specifically identified by name in the HMT that it must be described\nby the shipping name that \"most appropriately describes\" the material. In some cases, more than one\nshipping name could \"most appropriately describe\" a material. In those instances, a shipper has the\ndiscretion to decide what shipping name to use.\nI hope this information is helpful.\nSincerely,\nfor award Mom!\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nHazardous Materials Advisory Council\nhmac\n1101 Vermont Avenue, N W, Suite 301\nMr. Edward Mazzullo, Director\n(202) 289-4550 • FAX (202) 289-4074\nWashington, D.C 20005-3521\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\nGale\nWashington, DC 20590\n$172.101(C)\nJuly 10, 2000\n00-0193\nDear Mr. Mazzullo,\nThe Hazardous Materials Advisory Council (HMAC) is an international, non-profit,\neducational organization devoted to promoting safety in the domestic and international\ntransportation and handling of hazardous materials, substances and wastes. HMAC\nrepresents shippers, carriers of all modes, container manufacturers and reconditioners,\nemergency response and waste clean-up companies, and a variety of other companies and\ntrade associations involved in the field of hazardous materials transportation.\nThis is in reference to the interpretation dated September 8, 1999 referring to §172.101 &\n$173.22 that was authored by John A. Gale and reproduced in the November/December\n1999 edition of HAZMAT Packager & Shipper.\nThe interpretation addresses the assignment of a proper shipping name to a mixture and\nwould be correct for the mixture.\" We believe this interpretation is contrary to the\nconcludes with the statement \"…..it is our determination that either proper shipping name\nmixtures and solutions proper shipping name selection criteria specified in\n§172.101(c)(10) which leads a shipper to only one final proper shipping name choice.\nThis principle, that there is only one correct proper shipping name, is taught throughout\nthe hazardous materials training industry, therefore, we believe it's important to bring this\nmatter to your attention.\nAccording to §172.101(c)(10)(i), if the mixture is of a hazardous material listed in the\n§172.101 Table and non-hazardous material, you would only use the technical name from\nthe Table with the addition of the appropriate qualifying word \"mixture\" or \"solution\" if\nnone of the conditions stated in (A) - (F) apply. From the information provided in Mr.\nGale's letter, the mixture appears to be a corrosive dye and, therefore, it is addressed by\n(F, the intended application description. We believe the proper shipping name Dye,\nliquid, corrosive, n.o.s. (contains Acetic Acid) would be the most appropriate selection.\nDo you agree?\nSincerely,\nTillah\nE. Valighn Arthur\nDirector, Education and Training\nontainer manufacturers, and emergency response and waste clean-up companie\nMAC is the only international membership organization representing the entire hazardous materials transportation industry: shippers, carriers of all mode","truncated":false,"body_characters":5459}