{"operation":"document","citation":"03-0203","title":"Heritage Environmental Services, LLC-ETS — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-01-19","effective_on":null,"summary":"03-0203 response to Heritage Environmental Services, LLC-ETS concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0203.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0203.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0203","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030203.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nJAN 1 8 2005\nWashington, D.C. 20590\nAdministration\nMr. David E. Blair\nRef. No. 03-0203\nHeritage Environmental Services, LLC-ETS\n9730 Lathrop Industrial\nDrive\nSuite E1\nOlympia,\nWA 98512\nDear Mr.\nBlair:\nThis responds to your letter regarding the classification and\npackaging requirements for compressed gas samples under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you request clarification of the shipping\ndescription\nand packaging requirements for cylinders containing\nunknown liquefied and compressed gas samples in DOT 3E\ncylinders.\nIn addition, you ask if a previously issued letter\nfrom this Office on this subject, dated April 10, 1993, remains\nvalid.\nWe apologize for the delay in responding and any\ninconvenience it may have caused.\nOur previously issued letter on this subject remains valid.\nUnder § 172.101 (c) (11), a sample of a material for which the\nhazard class is uncertain and must be determined by testing may\nbe assigned a tentative proper shipping name, hazard class,\nidentification number, and packing group, if applicable, based\non the conditions specified in S 172.101 (c) (11)(i) through (iv).\nbased\nsample must be transported in the most appropriate packaging\non the tentative description assigned and the physical\nstate of the material.\nThe general packaging requirements for compressed gases in\ncylinders are found in $ 173.301. DOT 3E cylinders must be\nshipped in strong\nouter packagings, as required by\n$ 173.301 (a) (9).\nThe packaging method described in your letter\nsatisfies this\nrequirement if a tentative non-toxic\nclassification is assigned to the gas sample. However, a\npackaging containing a cylinder filled with a suspected toxic\ngas or mixture (see SS 173.115 (c) and 173.116) must conform to\nthe additional requirements of $ 173.40 and CGA Pamphlets S-1.1\nand S-7.\n173.301\n030203\n\n<<<PAGE 2>>>\n\nI trust this satisfies your inquiry.\ncan be of further assistance.\nPlease contact us if we\nSincerely,\nHattie I. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nHERITAGE ENVIRONMENTAL SERVICES, LLG-ETS\nHERITAGE\n9730 Lathrop Industrial Dr.\nSuite E1\nlympia, WA 9851\n8/13/03\nFax: 360/705-9383\nhone: 360/705-900\nStevens\nInternet: www.getetsi.com\n\"Dedicated to the safe management of High Hazard Material'\n$173.301\nAugust 5, 2003\nCylinders\nMr. Edward T. Mazzullo\n03-0203\n• Director, Office of Hazardous Materials Standards\nU.S.DOT./RSPA (DHM-10)\n00 7\". Street S. W\nVashington, D.C. 20590-000\nDear Mr. Mazzullo:\nI am writing to you with a question concerning the transportation of\nlecture bottle samples of compressed gases for analysis by a testing laboratory.\nPlease reference the attached USDOT interpretation found in the \"Letters of\ninterpretation by section number\" of the Office of Hazardous Materials Safety of the\nUSDOT. The interpretation letter is dated \"4/10/1993\" and addressed to \"Emergency\nTechnical Services Corporation\". A Mr. Irv Kraut is the one who submitted the inquiry in\n1993, and the attached has both his original inquiry and the DOT's response at that time.\nSpecifically, Mr. Kraut inquired about the shipping of \"Unknown Lecture Bottles: a\nsmall, 2\" × 12\" hand-held cylinder that contains less than one pound of liquid or gas\". He\nstates \"the cylinder is thoroughly inspected utilizing CGA. methods which\nis in condition for ground transportation per DOT regulations\". After being \"given a\ninclude leak testing, valve integrity, and cylinder wall measurements to insure the vessel\n\"the small cylinder is packaged according to DOT regulations and transported via ground\ntentative shipping description which results from the inspection and shipper knowledge\",\ntransportation to a testing laboratory for analysis.\"\nThe company I am currently employed by, Heritage Environmental Services, wishes to\nask the USDOT if this particular scenario given above by Mr. Kraut in his letter dated\n4/10/1993 and the response by USDOT are still valid. The question is - Is the shipping\nby ground, as samples to a testing laboratory for analysis, of original lecture bottle\nsamples that have passed the rigorous inspection process specified by Mr. Kraut and are\nbeing described, packaged, labeled, and marked per current USDOT regulations still\nallowed under the current USDOT regulations?\nAs voted Paper\n\n<<<PAGE 4>>>\n\nHERITAGE\nAs the DOT interpretation (07313) states, \"section 172.101 (c) (11) requires that a\nmaterial for which the hazard class is to be determined by testing or a material that is a\nhazardous waste may be assigned a tentative shipping name, hazard class, and\nidentification number. The required packaging is determined by the proper shipping\nname.\" Additionally, the interpretation letter further states \"if an appropriate technical\nname is not shown in the Hazardous Materials Table, section 172.101, selection of a\ngeneric or n.o.s. shipping description responding to the specific hazard class, packing\ngroup, or subsidiary hazard, if any, for the material should be determined as specified in\nsection 172.101 (c)(12). The name that most appropriately describes the material should\nbe used. The additional technical names for materials described by n.o.s. shipping\ndescriptions as specified in section 172.203 (k) do not apply to materials shipped under\nsection 172.101 (c) (12).\"\nWe have also found that section 172.101 (c) (11) (iv) now requires that \"for a material\nother than a waste...the word \"Sample\" must appear as part of the proper shipping name\nor in association with the basic description on the shipping paper\". And, 172.101 (c) (11)\n(iv) (C) states \"A sample must be transported in a combination packaging which\nconforms to the requirements of this subchapter that are applicable to the tentative\npacking group assigned, and may not exceed a net mass of 2.5 kg. (5.5 pounds) per\npackage.\"\nIn the instance where the sample is a lecture bottle of a compressed gas, a generic n.o.s.\nshipping description is chosen based on the the inspection process and the \"shippers\nknowledge of the material\". \"The name that most appropriately describes the material\" is\nused.\nHowever, the generic n.o.s shipping descriptions for compressed gases in the 172.101\nHazardous Materials Table do not have packing groups assigned as is also specified in\nsection 172.101 (f) for hazard class 2 materials. The guidelines we are currently using for\nDOT packaging selection are as follows. In section 173.301(k) of the regulations, certain\ncompressed gas cylinders, specifically lecture bottles that are DOT specification 3E,\n\"must be shipped in strong outside packagings...(1) Outside packaging must provide\nprotection for the cylinder. Unless the cylinder has a protective collar or neck ring, the\noutside packaging must provide protection to the valve against accidental functioning and\ndamage.\"\nThe current thought is that company policy specify any samples of compressed gases in\nDOT specification cylinders shipped by ground to the testing laboratory for analysis are\npackaged in properly closed DOT specification pails or drums cushioned in an ine....\npacking material such as vermiculite for protection to the valve during shipment. Does\nthis method of packaging meet the requirement of \"combination packaging\" as specified\nin 172.101(c)(11)(iv)(C) for compressed gas cylinder samples being shipped to the\ntesting laboratory for analysis?\nRecycles Paper\n\n<<<PAGE 5>>>\n\nHERITAGE\nThanking you in advance for your time,\nSomed 5. Blair\nDavid E. Blair\nHeritage ETS Laboratory\nOlympia, WA. Office","truncated":false,"body_characters":7637}