Guidanceguidance
07-0017
The Valspar Corporation — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1f Transportation J.S. Departmen MAR 20 200/ Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration Eric Barcaskey Ref. No.: 07-0017 Corporate Hazmat Transportation Compliance 1101 South Third Street The Valspar Corporation Minneapolis, MN 55415 Dear Mr. Barcaskey: This is in response to your January 16, 2007 letter requesting clarification of the shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask for clarification of the shipping description sequence on the shipping paper and if "paint" is an acceptable technical name for a material classed as Combustible liquid, n.o.s, NA1993. On December 29, 2006, PHMSA issued a final rule to amend the HMR to maintain alignment with international standards and harmonize the HMR with recent changes to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization (ICAO) Technical Instructions, and the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations (HM-215I; 71 FR 78596). The final rule states that, beginning January 1, 2007, the shipping description sequence class, and packing group, will be mandatory on shipping documents prepared according to consisting of identification number first, followed by the proper shipping name, hazard the ICAO Technical Instructions and the IMDG Code. However, the rule adopts this shipping description sequence with a delayed compliance date of January 1, 2013. Therefore, for domestic shipments, the shipping description sequence in effect on may be used until January 1, 2013 (§ 171.14(e)). December 31, 2006 (proper shipping name, hazard class, ID number, and packir g group, As defined in § 171.8 of the HMR, "technical name" means a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. A generic description is authorized for use as a technical name provided it readily identifies the general chemical group or microbiological group. The term "paint" does not specifically identify the hazard by name or group; therefore, "paint" is not an acceptable technical name. I hope this information is helpful. Please contact us if you require additional assistance. 070017 171.8 172.203 Office of Hazardous Materials Standards 173.120 (b)#
Page 2Supko $172.203 $173.120(b) Shipping Name Name "Paprien Yalspar 07-0017 1101 South Third Street, Minneapolis, MN 55415 P.O. Box 1461, Minneapolis, MN 55440 January 16, 2007 612-375-7723 Fax 612-332-7371 Mr. Edward T. Mazzullo U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards 400 7th Street S.W. Washington, D.C. 20590-0001 Regulation: 49CFR §173.120(b) Dear Mr. Mazzullo, per the above-cited regulation. We are faced with an enforcement situation and Valspar regularly ships bulk products under the "Combustible liquid" provisions request a clarification on correct application on our shipping documents. Could you please confirm whether the following are correct? 1. Paint, Combustible liquid, UN1263, III (currently optional sequence) 2. UN1263, Paint, Combustible liquid, III (HM-215] requirec sequence) 3. Combustible liquid, n.o.s., (Paint), NA1993, III (acceptable technical name?) Thank you in advance for your guidance. Please do not hesitate to contact me with questions. Eric Barcaskey Corporate Hazmat Transport Compliance The Valspar Corporation (612) 375-7930 phone (612) 375-7393 fax ebarcaskey@valspar.com#
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