{"operation":"document","citation":"04-0084","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":"2004-04-15","effective_on":null,"summary":"04-0084 response to Reagent Chemical & Research, Inc. concerning 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0084.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0084.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0084","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040084.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nAPR 15 2004\nMr. Robert Dritschel\nRef. No. 04-0084\nReagent Chemical & Research, Inc.\nManager - Technical Services\n124 River Road\nMiddlesex, NJ 08846\nDear Mr. Dritschel:\nThis is in response to your letter dated April 2, 2004 and subsequent telephone conversation with Ben\nSupko of my staff regarding the transportation and handling of sample containers of \"Hydrochloric acid\nsolution, UN1789, Class 8, PG II\" under the Hazardous Materials Regulations (HMR: 49 CFR Parts\n171-180). Specifically, you ask if this material could be transported as a limited quantity or as a\nmaterial of trade. You want to transport the sample in a combination packaging consisting of an inner\npackaging, absorbent material, and outer PVC sleeve. Further, you state that the PVC sleeve will be\nfastened 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 II\", packaged and transported as described above, is eligible for both the limited quantity\nexception and the materials of trade exception. In order to utilize those exceptions you must adhere to\nthe requirements of § 173.154 and § 173.6, respectively.\nI hope this satisfies your request.\nSincerel\nJohn A Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n040084\n§173.154\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\nSupko\nMarch 25, 2004\n§173.154\nMr. Edward T. Mazzullo\nUS DOT/RSPA (DHM-10)\nDirector, Office of Hazardous Materials Standards\nExceptions\n400 7* Street SW\n04-0084\nWashington, DC 20590-0001\nDear Edward,\nReagent Chemical is requesting further information on the application of the use of the\nUpon receiving the letter dated March 18, 2004 from your department (Attached),\nlimited quantity exception and/or the materials of trade exception with regard to the\nspecific handling and packaging of sample quantities (1 Pint) of hydrochloric acid\nsolution, UN 1789, Class 8, PG II.\nAs detailed previously, Reagent Chemical & Research, Inc. distributes hydrochloric acid\nSeveral customers are now requiring a co-shipment of the material to accompany the bulk\nsolution in their privately owned bulk tank trailers for delivery to their customers.\ncontainer, it would require an additional package to be carried along with the bulk\nshipment. In order to transport this sample quantity (1 pint), along with the bulk.\ncontainer. Reagent Chemical & Research, Inc. would like to carry this sample container\non the trailer, rather than in the tractor of the delivering vehicles. Reagent Chemical &\nResearch, Inc. proposes to carry this limited quantity, as defined in 49 CFR 173.154, in a\nPVC sleeve that is attached to the dolly leg subframe on the bulk trailer. This PVC\nprotection against damage of the sample container. This PVC sleeve would also have\nsleeve shall be capped on the bottom and have a threaded top in order to ensure\nabsorbent material at the bottom in order to absorb any accidentally spilled quantity. It is\nReagent Chemical's interpretation that the transportation of the sample in this manner\ncomplies with the limited quantity exemption as stated in 49 CFR173.154, which\ndegraded with strong outer packaging.\nrequires a limited quantity (less than 0.3 gallon) packed in materials that will not be\nAlso, due to the fact that Reagent Chemical & Research, Inc. is in the business of\nwholesale trade of Hydrochloric Acid Solution, the exemption of materials of trade\nwould also apply with regard to packaging as stated in 49 CFR 173.6 (b). Reagent\nReagent Chemical & Research, Inc.\nRegistered to ISO 9001\nFile # A6831\n\n<<<PAGE 3>>>\n\nMarch 25, 2004\nUS DOT/RSPA Letter of\nInterpretation\nChemical & Research, Inc. is a private motor carrier and the transportation of this sample\nis in direct support of our principal business of wholesale trade of hydrochloric acid\nouter packagings not being required for receptacles that are secured against movement\nolution. This CFR states that materials of trade may be transported in containers anc\nin.. compartments.\nexemption and the materials of trade exemption is acceptable as stated in the above detail.\nYour letter dated March 18, 2004 states that the application of the limited quantity\nThe specific interpretation requested is the application of 49 CFR 173.154 and 49 CFR\n173v6e with ge lo the cieseto do peakests go durineration on as stated f\nthe above mentioned container to be used for the transportation of hydrochloric acid\nsolution samples and its compliance with applicable Federal Regulations regarding\nHazardous Material transportation.\nSincerely/\nAttachment - RSPA letter dated 3/18/04\nCC:\nDavid Matuszkiewicz (Reagent Chemical)\nKelly Buell (Dow Chemical)","truncated":false,"body_characters":4938}