NRS America Inc. — Hazardous Materials Safety Interpretation

Page 1* of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 AUG 5 2003 Administration NRS America Inc. Mr. Domenico Masi Ref. No. 03-0091 Suite 110 10 Bank Street White Plains, NY 10606 Dear Mr. Masi: This responds to your letter requesting clarification of the Regulations (HMR; 49 CFR Parts 171-180) segregation requirements under the Hazardous Materials Maritime Dangerous Goods Code. (IMDG Code) . and the International inquire whether Dichlorosilane, Division 2.3, UN2189, may be Specifically, you container. loaded with other Division 2.1 materials in the same You state that because dichlorosilane has freight risks of Division 2.1 and Class 8, the container is rejected secondary and 7.2.1.16 of the IMDG Code requirina Class 8 materials be ›ased on the general segregation tables. in S 176.83 of the HMF stowed "away from" Division 2.1 materials. dichlorosilane in the same freight container with other Division Under both the HMR and the IMDG Code, it is permissible to stow 2.1 materials. dichlorosilane is not considered for the purpose of segregation The Class 8 secondary hazard assigned to under both the HMR and the IMDG Code. column (10B) of the § 172.101 Hazardous Materials Table for In the HMR, the specific segregation requirements specified in dichlorosilane is stowage code "17." $ 176.84, states "segregation same as for flammable gases but Code. 17, as set forth in "away from" dangerous when wet." HMR requires that all secondary labels be taken into account when Although S 176.83 (a) (6) of the "where a code in column (10B) of the § 172.101 Hazardous determining segregation, paragraph (a) (10) of that section states Materials Table specifies that "segregation as for ..." applies, the segregation requirements applicable to that class in the $ 176.83 (b) General Table must be applied." (Emphasis Therefore, for segregation purposes, dichlorosilane is treated solely as a Division 2.1 material. provisions for materials having more than two hazards are given Paragraph 7.2.1.6.2 of the IMDG Code states the segregation in the Dangerous Goods List (DGL). of the DGL states "segregation as for class 2.1 but "away from" For dichlorosilane, column 16 111.12, 17683 030091#

Page 2in the case of conflicting provisions, class 4.3." Furthermore, paragraph 7.2.1.16 states that the DGL, takes precedence over the general provisions contained in the segregation table. Therefore, again, dichlorosilane is treated solely as a class 2.1 material. be of further assistance. I trust this satisfies your inquiry. Please contact us if we can Sincerely, Hithe x. Mikell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3: Suite 1110 Head Office: Branch Office: White Plains, NY 10606 10 Bank Street 363 N. Sam Houston Pkwy. East Suite 1730 Fax: (914)422-3414 Phone: (914)422-3400 Phone: (281)820-1993 Houston, TX 77060 E-mail: info@nrsa.com AMERICA INC. Fax: (281)820-2399 FMC License No. 3563 Stevens Friday, March 14, 2003 $171.12 Mr. Ed Mazullo US Dept. Of Transportation / RSPA $ 176.83 Washington, DC 20590 400 Seventh St., S.W. Vessel Dear Ed: 03-0091 Subject: Dichlororosilane currently handling the export of hazardous gases packaged in DOT approved cylinders from both the West Coast NRSA America is a licensed and bonded transportation company operating in the state of New York. We are we then segregate and load these cylinders into intermodal containers. The below listed product has presented and East Coast. These commodities are delivered to our contracted warehouse's located within the port city where problems in that this commodity is regularly rejected by the pier operators and in some instances the steamship line. Listed below is the product and a summary of the problem we have face in shipping this product. Product Classified as Dichlorosilane Dichlorosilane, class 2.3, UN2189, Toxic Inhalation Hazard, Zone B, (2.1), (8) rejected by the pier because they only check product compatibility tables which shows class 8 incompatible with When our containers are loaded with Dichlorosilane and another class 2.1 material, the entire container is often than 2 hazards are listed in the Dangerous Goods List. Entry for Dichlorosilane indicates segregate as 2.1. another 2.1 material. Per IMDG (amdt 31-02) Code 7.2.1.6.2, segregation requirements for materials having more DOT 49 CFR entry column 10B indicates segregation provision 17, "segregate as flammable gas but away from dangerous when wet". We respectfully request your clarification on the above issue. Sincerely, Amenico Masi Domenico Masi Enclosure (1)#