{"operation":"document","citation":"02-0011","title":"Quadra Chemicals Western, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-01-10","effective_on":null,"summary":"02-0011 response to Quadra Chemicals Western, Inc concerning 177.841.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020011.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nResearch and\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nAdministration\nJAN 1 0 2002\nMr. Edward Doheny\nChemist, CHMM\nReference No.: 02-0011\nQuadra Chemicals Western, Inc.\nRegulatory Affairs Department\n5700 NW Front Avenue\nPortland, OR 97210\nDear Mr. Doheny:\nThis is in response to your letter requesting clarification relating to shipments of \"foodstuffs\" in\nthe same motor vehicle with material that is labeled POISON GAS under the provisions of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it is\npermissible to transport Division 2.3 materials in the same transport vehicle with material known\nto be foodstuffs.\nThe answer is yes. Section 177.841(e)(1) does not restrict the transportation of Division 2.3\nmaterials from being transported with foodstuffs; the restriction in § 177.841(e)(I) applies only\nto materials bearing a POISON or POISON INHALATION HAZARD label in Division 6.1.\nI trust this satisfies your inquiry.\nSincerely,\nAlAs\nOffice of Hazardous Materials Standards\n177.841 (e) (0\n\n<<<PAGE 2>>>\n\nGent By: Great Western Chemical;\n503 221 5750;\nJan-7-02 12:03PM;\nPage 2/3\nCorbin\nQuadra\n$177.8416s4\nJanuary 7, 2002 Segregation\nDirector of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n02-0011\nU.S. DOT / RSPA\nDHM-10\nI am writing to request a clarification of, and in, 49 CFR 177.841 (e) (1) relating to shipments\nDear Mr. Mazzullo,\n3 (i.e. Poison Gas). Specifically, 1 am asking for a clearer language statement in the above\nof \"foodstuffs\" loaded in the same vehicle / trailer with material(s) of hazard class 2, division\nsection of the CFR and an update to the interpretation letter dated June 27, 1997.\nThe reasons for this request are:\n1) The above referenced interpretation letter was written in 1997, however the class 2,\ndivision 3 labels and placards have been changed in the CFR to have a skull and\nolder labels and placards with Poison Gas written across the middle and no skull and\ncrossbones at the top and inhalation hazard written across the middle replacing the\ncrossbones at the top of the labcl or placard.\n2) On 01/04/02, a Quadra truck was cited for a violation of 49 CFR 177.841 (e) (1), in\nthat the truck had cylinders of Chlorine gas and some \"foodstuffs\" on board when it\nwas stopped at an Idaho - Port of Entry. The DOT inspector, even after being notified\nof the June 27, 1997 interpretation letter and being told that said letter had been\nconfirmed as still in effect by a phone call to your offices in Washington D.C. that\nmorning, told mo the violation was valid and to go to the Jefferson County Magistrate\nCourt in Rigby, Idaho if 1 wished to contest it.\n3) In checking with the Oregon DOT inspection and enforcement office, an inspector\ndivision 3 hazardous materials with \"foodstuffs\" because those hazardous materials\nwith over a decade of field experience told me that it is a violation to ship class 2,\nare poison inhalation hazards as cvidenced by the skull and crossbones and inhalation\nhazard written on the label and placard, and this is what 49 CFR 177.841 (e). (1) is\nregulating.\nTherefore, it appears that some, if not many, experienced DOT inspection and/or\nthe same in interpreting 49 CFR 177.841 (e) (1) requirements. These field interpretations\nenforcement personnel are interpreting the new class 2 and class 6 labels and placards to be\ndirectly contradict what I was told by lwo of your staff was your official interpretation, when\nI explained the entire situation to them.\nAdditionally, I was told that I will need to present, in the near future to the above court,\ncertified documents from your office stating that the above presumed violation is in fact not d\nviolation, as the violation paperwork would be turned over to the county prosecutor\nQuadra Chemicals Western, Inc.\nRegulatory Affairs Department\n5700 NW Front Avenue\nPhone: 503-242-0200 Fax: 503-412-3390\nPortland, OR 97210\n\n<<<PAGE 3>>>\n\nSent By: Great Western Chemical;\n503 221 5750;\nJan-7-02 12:04PM;\nPage 3/3\nIf you have any questions or require further information, please call me at (503) 242-0200\next. 354.\nSincerely,\nEdward Doheny\nChemist, CHMM","truncated":false,"body_characters":4191}