Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety AUG 2 4 2006 Mr. Don Silfies 7201 Hamilton Boulevard Air Products and Chemicals, Inc. Ref. No.: 06-0078 Allentown, PA 18195-1501 Dear Mr. Silfies: This responds to your letter dated March 29, 2006, regarding applicability of the requirements in § 172.12 to international shipments by vessel of three substances, "Titanium Tetrachloride, UN 1838", Phosphorus Oxychloride, UN 1810", and Boron Tribromide, UN 2692". These substances are classed in accordance with the Hazardous Materials Regulations (49 (Poison) liquid, and as a material poisonous by inhalation in Hazard Zone B. In the CFR Parts 171-180) as a Class 8 (Corrosive) with a subsidiary hazard of Division 6.1 International Maritime Dangerous Goods (IMDG) Code these materials are classed as Class 8 (Corrosive) with no subsidiary hazard class assigned. Specifically, you ask whether it is required to include the subsidiary hazard of Division 6.1 (Poison) in the shipping description on the dangerous cargo manifest when exporting these three substances from the United States by vessel. Section § 171.12(b) of the HMR permits transportation in the United States of a material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, transportation is by vessel. However, a material poisonous by inhalation must comply and certified in accordance with the IMDG Code, provided that all or part of the with the additinnal requirements of § 171.12(b)(8); including the requirements that the Hazard" as required by § 172.203(m); the package must be marked in accordance with shipping description must include the words "Poison-Inhalation Hazard" or "inhalation § 172.313; and the package must be labeled or placarded in accordance with § 172.12(b)(8) (iv). You are correct that § 171.12(b)(8) does not specify that a subsidiary hazard or Division, lescription otherwise conforms to the requirements in § 171.12(b)(8), it is not necessar uch as "6.1" (Poison) must be included in the shipping description. If your shipping to include the subsidiary numeric Division "6.1" in the shipping description for the abstances described above when shipped in accordance with the IMDG Code. Howeve is recommentied that the subsidiary hazard be included in the shipping descaption s 171.12 (b) 060078#

Page 2the documentation will match the package. A discrepancy of this nature may cause additional problems with the shipment. I hope this satisfies you inquiry. If we can be of further assistance, please contact us. Sincerely, John A. Gale Office of Hazardous Materials Standards Chief, Standards Development#

Page 37201 Hamilton Boulevard Air Products and Chemicals, Inc. lentown, PA 18195-150 Engrum 517112(6) 29 March 2006 IMDG Mr. Edward T. Mazzullo 06-0078 U.S. DOT / PHMSA (PHH-10) Director, Office of Hazardous Materials Standards 400 7" Street S.W. Washington, D.C. 20590-0001 Dear Sir: Subject: Request for Interpretation We have a question regarding the application of Section 171.12 to international ocean shipments of three The International Maritime Dangerous Goods (IMDG) regulations classify all three of these substances as a Class 8 only. There is no subsidiary hazard class assigned. the shipping description and the Poison Inhalation Hazard (6) subsidiary hazard label to the containers in When shipping from or to the United States, we add the "Poison-Inhalation Hazard, Zone B" phrase to accordance with 171.12 (b)(8). description, after applying 171.12 (b)(8), does not include the subsidiary hazard 6.1. Example: Because we are shipping by ocean and using the IMDG shipping description, the final shipping "UN1838, TITANIUM TETRACHLORIDE, 8, PII, Poison-Inhalation Hazard, Zone B, EmS No. F-A, S-B" is necessary to add the subsidiary 6.1 hazard class in the shipping description if it is not included in the We are not 100% sure that this end result is correct. The provisions of 171.12(b)(8) do not specify that it IMDG regulations. However, the resulting shipping description, without the 6.1 subsidiary, appears to be incorrect. It also does not match the container subsidiary labeling. accept it because it is not specified in the IMDG classification. If we do not add it, then we believe we If we add the 6.1 subsidiary to the shipping description, we are certain that the ocean shipping line will not may be in violation of the USDOT regulations. In conclusion, what is the correct shipping description for these three substances when shipping by ocean from the United States and applying the provisions of 171.12? We sincerely appreciate your guidance in this matter. Don Silfirs Don Silfies PH: 610-481-6477 Global Dangerous Goods Compliance e-mail: silfiedr @apci.com#