{"operation":"document","citation":"00-0327","title":"Great Lakes Chemical Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-05-17","effective_on":null,"summary":"00-0327 response to Great Lakes Chemical Corporation concerning 173.227.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0327.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0327.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0327","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000327.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nspecial Program:\nAdministration\nMAY 17 2001\nMr. Robert Monteith\nRef. No. 00-0327\nGreat Lakes Chemical Corporation\nP.O. Box 7020\nEl Dorado, AR 70730\nDear Mr. Monteith:\nThis responds to your October 19, 2000 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) as they apply to shipments of phosphorus trichloride,\n6.1, 8, UN 1809, PG I, toxic inhalation hazard, Zone B. Specifically, you ask about the\ncircumstances under which a shipment of phosphorus trichloride may be packaged in accordance\nwith § 173.227(c). Please accept my apology for our delay in responding to your letter.\nYour letter describes a shipment scenario in which drums containing phosphorus trichloride are\nloaded by the shipper into a transport vehicle and transported by the shipper directly to the\ncarrier's terminal. At the carrier's transport terminal, the drums are unloaded by the carrier from\nthe transport vehicle and reloaded by the carrier into a freight container for transport to a port\nwhere the freight container will be loaded onto a vessel bound for Puerto Rico. The carrier\nperforms the shipper functions outlined in § 173.227(c) by loading the drums into the freight\ncontainer, blocking and bracing the drums, sealing the freight container, and preparing a shipping\npaper for transporting the drums from the terminal to Puerto Rico. You ask whether unloading\nand reloading the drums at the carrier's terminal constitutes an intermediate stop, thus forbidding\nthe use of the packaging permitted under § 173.227(c).\nThe answer is yes. Section 173.227 sets forth packaging requirements for Division 6.1 materials\nin Packing Group I that are poisonous by inhalation (PIH), Hazard Zone B. Paragraph (c) of this\nsection permits such materials to be shipped in a single 1A1, 1B1, 1H1, 1N1, or 6HA1 drum\nwithout being further packed in a 1A2 or 1H2 drum if the shipper loads the material, blocks and\nbraces the drum in the transport vehicle, and seals the transport vehicle. The shipment must\nmove from one origin to one destination only with no intermediate stops for pick-up or delivery.\nThe intent of this paragraph is to permit less stringent packaging for PH, Hazard Zone B\nmaterials under controlled conditions where handling, including loading and unloading, is\nconducted by persons familiar with the hazards associated with PIH materials and, further, where\nsuch handling is minimized.\nThe shipment scenario described in your letter is inconsistent with § 173.227(c). The shipment's\norigın is your facility, and the shipment's destination is Puerto Rico. The carrier's terminal is not\nthe shipment destination. Delivery of the material to a carrier terminal for reloading into a freight\ncontainer or transport vehicle is an intermediate stop as that term is used in § 173.227(c). Under\n113.227\n000327\n\n<<<PAGE 2>>>\n\nPage 2\nthe provisions of § 173.227(c), the transport vehicle may not be unsealed prior to delivery at the\nshipment's destination. Thus, you may not utilize the packaging exception in § 173.227(c) to ship\nphosphorus trichloride under the shipping conditions you describe.\nI hope this information is heipful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nGreat Lakes\n$173.227(c)\nChemical Corporation\nApplicability\nP.O, BOX 7020 EL DORADO, AR 71730\nPackaging\n00 - 0327\nOctober 19, 2000\nU.S. Department of Transportation\nEdward Mazzullo, Director\nOffice of Hazardous Materials Standards\n400 7\"' Street, SW\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nPlease accept this letter as a request for interpretation of 173.227 and how it may apply to our application\nshipping phosphorus trichloride, 6.1, (8), UN1809, PGI, Toxic-Inhalation Hazard, Zone B, in drums with\nemphasis on what constitutes \"an intermediate stop.\"\nWe utilize 173.227 (b) which is a 1Al, 1B1, IN1, or 1H1 drum or 6HAI composite further packed in a\n1A2 or 1H2 drum. We also ship this material per 173.227 (c) which is 1Al, 1B1, IHI, IN1, or 6HAI\nthe shipper loads the material, blocks and braces the drums within the transport vehicle and seals the\ndrums described in paragraph (b) of this section without being further packed into a 1A2 or 1H2 drum if\ntransport vehicle. Shipments must be from one origin to one destination only without any intermediate\npickup or delivery.\nIn our application, the drums are loaded into the carrier transport vehicle and is transported directly to the\nterminal constitute an intermediate stop, thus forbidding use of 173.227 (c) packaging?\n870-864-1619.\nI would appreciate your timely response. My telephone number is 870-864-1616 and my fax number is\nSincerely,\nDATT\nRobert Monteith\nDot Compliance Officer\nGreat Lakes Chemical Corporation","truncated":false,"body_characters":4890}