{"operation":"document","citation":"02-0223","title":"Hamburg-Sued, Aliamca and Crowley — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-04-22","effective_on":null,"summary":"02-0223 response to Hamburg-Sued, Aliamca and Crowley concerning 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0223.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0223.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0223","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020223.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nAPR 22 2003\nMs. Dawn M. Abbaticchio\nRef. No.: 02-0223\nHazardous Materials Specialist\nHamburg-Sued, Aliamca\nand Crowley\n465 South Street\nMorristown, NJ 07960\nDear Ms. Abbaticchio:\nThis responds to your inquiry regarding the requirements for segregation and forbidden materials and\npackages under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to\nClass 8 (Corrosive) acids and \"Potassium hydroxide solution\" loaded on the same transport vehicle or\nfreight container. We apologize for the delay in responding and hope it has not caused any\ninconvenience.\nYou stated that the product contains \"Potassium hydroxide, diluted to 1-5% concentration, and this\nconcentration does not react dangerously or violently with acids when tested. This product is sold to\ncustomers for the purpose of mixing the contents together for film processing, and no dangerous results\nhave been exhibited. You asked if this material is forbidden in accordance 49 CFR 173.21(e), and\nwhether Class 8 (Corrosive) acids and your Potassium hydroxide solution may be loaded on the same\ntransport vehicle or freight container. You also asked if a Competent Authority Approval is required\nfor shipment by vessel of your product to the U.S.\nA material described as \"Potassium hydroxide solution, 8, UN 1814, III\" may be loaded together with\nacids on the same transport vehicle or freight container, provided they are not forbidden in accordance\nwith § 173.21(e). Such determination is based on whether or not the mixing of a material in the same\npackaging, freight container, or overpack with another material is likely to cause a dangerous evolution\nof heat, or flammable or poisonous gases or vapors, or to produce corrosive materials. Based on the\nintormation provided that the mixing of the contents does not react violently and no adverse reaction\noccurs, the Potassium hydroxide, diluted to 1-5% concentration, identified in your letter is not a\nforbidden material under 49 CFR 173.21.\nUnder the HMR, the segregation requirements for transportation by highway specify that a hazardous\nmaterial may not be loaded, transported, or stored together except as provided in 49 CFR 177.848(d).\nIn addition, cyanides or cyanide mixtures may not be loaded or stored with acids if a mixture of the\nmaterials would generate hydrogen cyanide (See 49 CFR 177.848(c)). Therefore, if your product\ncontaining the Potassium hydroxide is not forbidden as specified in § 173.21(e), it may be loaded or\nstored together with acids during transportation.\n173.21\n020223\n\n<<<PAGE 2>>>\n\nIn accordance with the International Maritime Dangerous Goods (IMDG) Code, the stowage and\nsegregation provisions in column (16) of the Dangerous Goods List for Potassium hydroxide solution,\nUN 1814, specify segregation of \"Away From\" acids'. For segregation within cargo transport units,\nsub-section 7.2.2.3 provides the following: Dangeous goods which have to be segregated from each\nother shall not be transported in the same cargo transport unit with the exception of dangerous goods\nwhich shall be segregated \"Away From\" each other which may be transported in the same cargo\ntransport unit with the approval of the competent authority. In such cases, an equivalent standard of\nsafety shall be maintained.\" As indicated earlier, you have provided information that the mixing of the\ncontents does not result in a violent or adverse reaction. Accordingly, it appears that a competent\nacid in the same cargo transport unit.\nauthority approval can be issued to allow transport of the dilute potassium hydroxide solution and the\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n-\nBillings, Delmer\nFrom:\nSent:\nO'Berry, Donna\nSubject:\nTo:\nTuesday, August 27, 2002 3:51 PM\nEngrum\nillings, Delme\nW: Segregation questio\n8173.21 (e)\nImportance:\nHigh\nSegregation\nPlease handle as a request for a clarification letter. Thank you.\n02.0223\nDonna\nFrom: Abbaticchio, Dawn [mailto: dabbatic@us.hamburg-sued.com]\n-Original Message--\nSent: Thursday, August 22, 2002 11:29 AM\nTo: donna.o'berry@rspa.dot.gov\nImportance: High\nSubject: Segregation question\nhowever based on the properties and observations in column 17 of IMDG and\nWe realize that there is no specific segregation required by IMDG/49CFR,\nbased on section 171.21e we do not allow Class 8 Acids and Class 8 bases to\noad in the same container. We have received the below from the customer -\nbelieve one is required - I agree with them based on the information they\nthey have not applied for a Competent Authority Approval because they do not\ncargo is utilized. Can you please offer an opinion 1- is this acceptable in\nave provided with regard to the tests they have performed and the way the\nCarrier obtain CA Approval since the Shipper does not believe it is required\nthe same cntr? 2- is Competent Authority Approval required? 3- Can a\nbased on below information provided? Your assistance is greatly appreciated.\nBest Regards,\nHazardous Materials Specialist\nDawn M. Abbaticchio\nHSAC Logistics, Inc.\nph: 973-775-5300\nemail: dabbatic@us.hamburg-sued.com\ntx: 973-775-5318\npg: 973-606-0429\n\"We are aware that Column 17 of Part 3, Chapter 3.2, of the IMDG Code states..\nthat Potassium Hydroxide Solution, UN 1814, III, \"reacts violently with\nacids\" and also reacts with some other materials as well. However, this\ncontents together for film processing. Mixing the contents does not result\nproduct (CAT. 857-8734) is sold to customers for the purpose of mixing the\nin any dangerous results. Kodak extensively tests its products not only\nsafety of the public and our customers.\nensure compliance with regulatory requirements, but moreso, to ensure the\nconcentration, and the UN 3265, packing group Ill material, has a\nLet me clarify by offering that the Potassium Hydroxide is diluted to 1-5%\nHydroxide did not react violently with other acids when tested.\nconcentration of 5-10%.\nThe low 1-5% concentration of Potassium\nthat it meets compliance requirements, and this matter can be resolved.\"\nWe hope that this explanation reassures you of the safety of our shipment,","truncated":false,"body_characters":6362}