{"operation":"document","citation":"01-0042","title":"HB Fuller Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-06","effective_on":null,"summary":"01-0042 response to HB Fuller Company concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010042.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAdministration\nAPR - 6 2001\nMr. Gene Secor\nEHS/Transportation Specialist\nReference No.: 01-0042\nHB Fuller Company\n25200 Malvina Ave.\nWarren, MI 48089\nDear Mr. Secor:\nThis is in response to your February 8, 2001 fax inquiring whether the individual serial number\nof a DOT 57 portable tank must be entered on the shipping paper under the Hazardous Materials\nRegulations (HMR; 49 CFR, Parts 171-180).\nThe answer is no, serial numbers of portable tanks are not required to appear on the shipping\npaper entry, but may appear as additional information. Additional information must be placed\nafter the basic description as specified in § 172.201(a)(4).\nI hope this satisfies your request.\nSincerely,\nHothe z. Mitted\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n•\n\n<<<PAGE 2>>>\n\nof Transportation\nU.S. Department\n40 Seventh Street. SW\nResearch and\nWashington, D C\n20590\nSpecial Programs\nAdministration\nJUL I 5 1996\nMr. Gerry G. Kefalinos\nAbbott Laboratories\nDiagnostics Division, D3B4, AP1A\nAbbott Park, IL 60064\nDear Mr. Kefalinos:\nThis is in response to your letter of February 19, 1996 concerning shipping requirements.\nYour letter states that most of your hazardous materials shipments are transported by air.\nSo as not to prepare different shipping papers for different regulations, Shipper's\nDeclarations are printed with necessary additional information for all of the hazardous\nmaterials shipped by Abbott Laboratories regardless of whether that specific hazardous\nmaterial is listed on that particular shipping paper.\nOne of your carriers challenged an additional handling information statement that reads,\n\"Prior arrangements as required by the IATA Dangerous Goods Regulations 1.3.3.1 have\nbeen made.\" Infectious substances, 6.2, to which this statement applies, are among the\nhazardous materials sometimes described on these shipping papers. However, the above\nstatement can be found on shipping papers when Infectious substances, 6.2 are not a part\nof the shipment. You question whether the quoted statement placed on all of your shipping\npapers is consistent with required regulations when Infectious substances, 6.2 are not\ndescribed on the shipping paper.\nBecause the quoted statement is inconsistent with the required description for shipments\nthat do not include an Infectious substance, 6.2, it may not appear as additional\ninformation on your shipping papers. See § 172.201(a) (4).\nThe carrier also contends the unit of measure used in the quantity limitation of a Consumer\ncommodity, ORM-D, as specified in § 172.101(i), must reflect the gross weight of each\npackage. You indicated that the quantity of hazardous material and type of package was\ndescribed on the shipping paper as \"1 Fiberboard Box × 110 ml\", as allowed by § 172.202.\n\n<<<PAGE 3>>>\n\nSection 172.101 (i)(2) and ICAO Technical Instructions 11.5.1 indicate the maximum net\nweight (mass or volume) of hazardous material permitted per package on an aircraft. The\nmaximum weight per package may be further limited by the type of packaging used. The\napplicable regulation is § 172.202 and ICAO 4.1.3 where actual total quantity of the\nhazardous material including the unit of measure (net or gross) and type of packaging are\nrequired.\nIf we can be of further assistance, please contact us.\nSincerely,\nThat Allan\nThomas G. Allan\nDeputy Director\nOffice of Hazardous Materials Standards\n-\n\n<<<PAGE 4>>>\n\nFAX NO. : 8104471117\nFeb. D8 2001 09:03AM P1\ncorbin\n$172.202\nFAX\nShipping Papers\n01-0042\nDATE: February 8, 2001\nTO: RSPA, Office of Hazardous Materials Standards, DHM-10\nFAX NUMBER: 202-366-3012\nFROM: GENE SECOR, HB FULLER CO\nPHONE: 248-526-4783\nFAX:\n810-447-1117\ne-mail:\ngene.secor@hbfuller.com\nPAGES INCLUDING COVER SHEET: One (1)\nMESSAGE: We recently had an audit by a representative of the\nFMCSA. One of the items from the audit concerns shipment of Tote\nLaraks (DOT-57 types), less than 1000 gal capacity. The inspector\nclaims that we must mark on the shipping paper individual serial\nnumbers for each tote shipped which contains a hazmat; that way we\nhave a tracking system for the whereabouts of these containers.\nAlthough this would be an excellent business practice, I cannot find in\nthe hazardous materials regulations where this requirement is called\nout for inclusion on shipping papers.\nIs this a regulatory requirement? If so, what is the citation in 49 CFR?\nRegards,\nGene Secor\nEHS/Transportation Specialist\nHB Fuller Company\n25200 Malvina Ave\nWarren, MI 48089\n\n<<<PAGE 5>>>\n\na\nABBOTT\nSmith\n7. 1: 77693\n•. i\n•\nDiagnostic Division\n19 February 1996\nAbbott Laboratories\nGerry G. Kefalinos\n100 Abbott Park Road\nAbbott Park, Illinois 60064-3500\nAbbott Laboratories\nDiagnostics Division, D3B4, APIA\nAbbott Park, IL. 60064\nTel: (847) 938-7653\nFax:(847) 937-2515\nEd Mazzullo, Director\nOffice of Hazardous Materials Standards\nUS Department of Transportation\n400 Seventh Street S.W. DHM-10\nWashington D.C. 20590\n(202) 399-4488\nDear Mr. Mazzullo\nAbbott Laboratories is a large multinational health care company doing business in all corners of\nthe world. In order to remain competitive in the worldwide market place, we are continually\nlooking for ways to reduce the cost of bringing our products to market and still maintain the same\nlevel of safety and quality. When we ship Hazardous Materials/Dangerous Goods, we complete a\nShipper's Declaration for Dangerous Goods for all shipments as most of our shipments are\ntransported by air. In order to keep from having different forms for different sets of regulations\nor modes of transportation, we try to print the shippers declarations with all appropriate\ninformation to satisfy all requirements.\nWe were recently challenged by one of our carriers about the unit of measure and quantity of,\nhazardous material described on the shipping paper and about conflicting information printed in\nthe additional handling information box:, The domestic shipment in question was classified and\ndescribed as a Consumer Commodity ORM-D. We indicated the quantity of dangerous goods\nand type of package as \"1 Fiberboard Box × 110ml. Their contention was that we were in error in\ndescribing the actual amount of dangerous goods in the shipment and we were required to use the\nunit of measure as stated in Section 172.101()(2) \"The quantity limitation is \"net\" except where\notherwise specified, such as for \"Consumer Commodity\" which specifies \"30 kg gross.\". As I\ninterpret the regulations for Consumer commodities, it is the shipper's desecration as to how to\nindicate the amount of hazardous material in the shipment. For Consumer Commodities we can\neither use the actual amount as required by Section 172.202(c) or the gross amount as stated in\n172.101(i)(2). Our reasoning for using the actual amount is that in case of an emergency\ninvolving our 110 ml shipment, the emergency responder will be looking for a package with\n110ml in it rather than trying to find 110ml described as a 30 kg (66lb) package.\nThe other reason the carrier frustrated the ship was because of a statement we had printed in the\n\"Additional Handling Information\" box, \"Prior arrangements as required by the IATA Dangerous\nGoods Regulations 1.3.3.1 have been made.\" In addition to shipping consumer commodities we\nalso use this same document to ship our other hazardous materials which include infectious\n...\nsubstances of Class 6.2. Since we ship most classes of hazardous material both domestic and\nnot dice they related\nIte 500m/\nmalace salage petion upton\n\n<<<PAGE 6>>>\n\nsubstances of Class 6.2. Since we ship most classes of hazardous material both domestic and\ninternationally and in order to meet all our needs, this statement is printed on the document in the\n\"Additional Handling Information\" box thereby avoiding different forms for different shipments.\nAbbott Laboratories ships over 4 million packages per year and the associated costs of package\npreparation and shipping can add up very quickly. Since we are not shipping an Infectious\nSubstance, this statement has no meaning or bearing on the actual shipment. The shipment is\nclassified and described as a \"Consumer Commodity\" and the information below the basic\ndescription has no bearing. Section 172.202(a)(4) states that \"A shipping paper may contain\nadditional information concerning the material provided the information is not inconsistent with\nthe required description\". Section 172.202(a)(4) goes on to say that \"Unless otherwise permitted\nor required by this subpart, additional information must be placed after the basic description\nrequired by 172.202(a).\nSince the statement \"Prior arrangements as required by the IATA Dangerous Goods Regulations\n1.3.3.1 have been made\" does not follow the basic description, does not indicate anything about\nany hazard class and is indicated below the Nature and Quantity of Dangerous Goods section,\ndoes it provide any information that would be inconsistent with the required description? Can we\nship our materials described as Consumer Commodities ORM-D and still have this statement\nprinted away from the basic description?\nAbbott Laboratories uses many carriers around the world to get our products to the global market\nand it is only one carrier that frustrates our shipments. In order to prevent future carrier\nfrustrations your written interpretation in this matter will be greatly appreciated.\nIf you have any questions or require further information, please do not hesitate to call.\nSincerely,\nGerry G. Kofalinos\nManager - Hazardous Materials\nTransportation and Product Safety\ni Austention\nshininent","truncated":false,"body_characters":9691}