{"operation":"document","citation":"04-0044","title":"Reagent Chemical & Research, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-18","effective_on":null,"summary":"04-0044 response to Reagent Chemical & Research, Inc. concerning 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMAR 18 2004\nMr. Robert Dritschel\nReagent Chemical & Research, Inc.\nRef. No. 04-0044\nManager - Technical Services\n124 River Road\nMiddlesex, NJ 08846\nDear Mr. Dritschel:\nThis is in response to your letter dated February 26, 2004 regarding the transportation and handling of\nsample containers of \"Hydrochloric acid solution, UN1789, Class 8, PG II\" under the Hazardous\nMaterials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you ask if this material could be\ntransported as a limited quantity or as a material of trade. You want to transport the sample in a\ncombination packaging consisting of an inner packaging, absorbent material, and outer PVC sleeve.\nFurther, you state that the PVC sleeve will be fastened to the dolly leg subframe of the bulk trailer.\nFrom the information you provided it is our opinion that your \"Hydrochloric acid solution, UN1789,\nClass 8, PG I\" is eligible for both the limited quantity exception and the materials of trade exception.\nIn order to utilize those exceptions you must adhere to the requirements of § 173.154 and § 173.6,\nrespectively.\nI hope this satisfies your request.\nSincerely,\nohn A.\nGal\n( Chief, Standards Development\nOffice of Hazardous Materials Standards\n040044\n173.154\n\n<<<PAGE 2>>>\n\nREAGENT\nReagent Chemical & Research, Inc.\n124 RIVER ROAD • MIDDLESEX, NEW JERSEY 08846\nCHEMICAL\nOFFICE: (732) 469-0101 • FAX: (732) 469-1074\nFebruary 26, 2004\nSupko\n§173.154\nMr. Edward T. Mazzullo\nUS DOT/RSPA (DHM-10)\nDirector, Office of Hazardous Materials Standards\nExceptions\n400 7* Street SW\n02-0044\nWashington, DC 20590-0001\nDear Edward,\nIn response to a customer inquiry, I am writing to you in order to get a formal letter of\ninterpretation on the transportation and handling of sample containers of hydrochloric\nacid solution, UN 1789, Class 8, PG II.\nReagent Chemical & Research, Inc. distributes hydrochloric acid solution in their\nprivately owned bulk tank trailers for delivery to their customers. Several customers are\nnow requiring a co-shipment of the material to accompany the bulk shipment. In order to\ntransport this sample quantity (1 pint), along with the bulk container, it would require an\nadditional package to be carried along with the bulk container. Reagent Chemical &\nResearch, Inc. would like to carry this sample container on the trailer, rather than in the\ntractor of the delivering vehicles. Reagent Chemical & Research, Inc. proposes to carry\nthis limited quantity, as defined in 49 CFR 173.154, in a PVC sleeve that is attached to\nthe dolly leg subframe on the bulk trailer. This PVC sleeve shall be capped on the\nbottom and have a threaded top in order to ensure protection against damage of the\nsample container. This PVC sleeve would also have absorbent material at the bottom in\nthat the transportation of the sample in this manner complies with the limited quantity\norder to absorb any accidentally spilled quantity. It is Reagent Chemical's interpretation\nexemption as stated in 49 CFR173.154 , which requires a limited quantity (less than 0.3\ngallon) packed in materials that will not be degraded with strong outer packaging.\nAlso, due to the fact that Reagent Chemical & Research, Inc. is in the business of\nwould also apply with regard to packaging as stated in 49 CFR 173.6 (b). Reagent\nwholesale trade of Hydrochloric Acid Solution, the exemption of materials of trade\ns in direct support of our principal business of wholesale trade of hydrochloric aci\nhemical & Research, Inc. is a private motor carrier and the transportation of this sampl\nsolution. This CFR states that materials of trade may be transported in containers and\nin... compartments.\nouter packagings not being required for receptacles that are secured against movement\nCRATERED\nUL\nReagent Chemical & Research, Inc.\nRegistered to ISO 9002\nFile # A6831\n\n<<<PAGE 3>>>\n\nFebruary 26, 2004\nUS DOT/RSPA Letter of\nInterpretation\nReagent Chemical & Research, Inc. requests your interpretation on the usage of the\nabove mentioned container to be used for the transportation of hydrochloric acid solution\nsamples and its compliance with applicable Federal Regulations regarding hazardous\nMaterial transportation.\nSincerely:\nMgr - Technical Services\nCC: David Matuszkiewicz (Reagent Chemical)\nKelly Buell (Dow Chemical","truncated":false,"body_characters":4396}