{"operation":"document","citation":"06-0078","title":"Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-24","effective_on":null,"summary":"06-0078 response to Air Products and Chemicals, Inc. concerning 171.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060078.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nAUG 2 4 2006\nMr. Don Silfies\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nRef. No.: 06-0078\nAllentown, PA 18195-1501\nDear Mr. Silfies:\nThis responds to your letter dated March 29, 2006, regarding applicability of the\nrequirements in § 172.12 to international shipments by vessel of three substances,\n\"Titanium Tetrachloride, UN 1838\", Phosphorus Oxychloride, UN 1810\", and Boron\nTribromide, UN 2692\".\nThese substances are classed in accordance with the Hazardous Materials Regulations (49\n(Poison) liquid, and as a material poisonous by inhalation in Hazard Zone B. In the\nCFR Parts 171-180) as a Class 8 (Corrosive) with a subsidiary hazard of Division 6.1\nInternational Maritime Dangerous Goods (IMDG) Code these materials are classed as\nClass 8 (Corrosive) with no subsidiary hazard class assigned. Specifically, you ask\nwhether it is required to include the subsidiary hazard of Division 6.1 (Poison) in the\nshipping description on the dangerous cargo manifest when exporting these three\nsubstances from the United States by vessel.\nSection § 171.12(b) of the HMR permits transportation in the United States of a material\nthat is packaged, marked, classed, labeled, placarded, described, stowed and segregated,\ntransportation is by vessel. However, a material poisonous by inhalation must comply\nand certified in accordance with the IMDG Code, provided that all or part of the\nwith the additinnal requirements of § 171.12(b)(8); including the requirements that the\nHazard\" as required by § 172.203(m); the package must be marked in accordance with\nshipping description must include the words \"Poison-Inhalation Hazard\" or \"inhalation\n§ 172.313; and the package must be labeled or placarded in accordance with\n§ 172.12(b)(8) (iv).\nYou are correct that § 171.12(b)(8) does not specify that a subsidiary hazard or Division,\nlescription otherwise conforms to the requirements in § 171.12(b)(8), it is not necessar\nuch as \"6.1\" (Poison) must be included in the shipping description. If your shipping\nto include the subsidiary numeric Division \"6.1\" in the shipping description for the\nabstances described above when shipped in accordance with the IMDG Code. Howeve\nis recommentied that the subsidiary hazard be included in the shipping descaption s\n171.12 (b)\n060078\n\n<<<PAGE 2>>>\n\nthe documentation will match the package. A discrepancy of this nature may cause\nadditional problems with the shipment.\nI hope this satisfies you inquiry. If we can be of further assistance, please contact us.\nSincerely,\nJohn A. Gale\nOffice of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nlentown, PA 18195-150\nEngrum\n517112(6)\n29 March 2006\nIMDG\nMr. Edward T. Mazzullo\n06-0078\nU.S. DOT / PHMSA (PHH-10)\nDirector, Office of Hazardous Materials Standards\n400 7\" Street S.W.\nWashington, D.C. 20590-0001\nDear Sir:\nSubject: Request for Interpretation\nWe have a question regarding the application of Section 171.12 to international ocean shipments of three\nThe International Maritime Dangerous Goods (IMDG) regulations classify all three of these substances as\na Class 8 only. There is no subsidiary hazard class assigned.\nthe shipping description and the Poison Inhalation Hazard (6) subsidiary hazard label to the containers in\nWhen shipping from or to the United States, we add the \"Poison-Inhalation Hazard, Zone B\" phrase to\naccordance with 171.12 (b)(8).\ndescription, after applying 171.12 (b)(8), does not include the subsidiary hazard 6.1. Example:\nBecause we are shipping by ocean and using the IMDG shipping description, the final shipping\n\"UN1838, TITANIUM TETRACHLORIDE, 8, PII, Poison-Inhalation Hazard, Zone B, EmS No. F-A, S-B\"\nis necessary to add the subsidiary 6.1 hazard class in the shipping description if it is not included in the\nWe are not 100% sure that this end result is correct. The provisions of 171.12(b)(8) do not specify that it\nIMDG regulations. However, the resulting shipping description, without the 6.1 subsidiary, appears to be\nincorrect. It also does not match the container subsidiary labeling.\naccept it because it is not specified in the IMDG classification. If we do not add it, then we believe we\nIf we add the 6.1 subsidiary to the shipping description, we are certain that the ocean shipping line will not\nmay be in violation of the USDOT regulations.\nIn conclusion, what is the correct shipping description for these three substances when shipping by ocean\nfrom the United States and applying the provisions of 171.12?\nWe sincerely appreciate your guidance in this matter.\nDon Silfirs\nDon Silfies\nPH: 610-481-6477\nGlobal Dangerous Goods Compliance\ne-mail: silfiedr @apci.com","truncated":false,"body_characters":4811}