{"operation":"document","citation":"08-0169","title":"Berger Brothers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-10-23","effective_on":null,"summary":"08-0169 response to Berger Brothers, Inc. concerning 172.600, 173.151.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0169.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0169.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0169","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080169.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 2 3 2?98\n1200 New Jersey Avenue, SE\nWashington. D.C. 20590\nMr. Kurt Knaack\nPresident\nBerger Brothers, Inc.\n1 1 76 N. Cherry Avenue\nChicago, IL 60622\nRef. No.: 08-0 169\nDear Mr. Knaack:\nThis responds to your letter regarding the applicability of training requirements of Subpart H\nof Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to\nshipments of charcoal reclassed as Consumer commodity. ORM-D.\nAccording to your letter, Berger Brothers, Inc., a distributor of charcoal, received a Notice of\nProbable Violation for failure to meet the training requirements in Subpart H of Part 172 of\nthe HMR. You state that your company receives the charcoal already packaged and the\nproduct is stored in your warehouse and distributed to various stores and industrial\ncompanies. Your supplier advised you that based on test results conducted in 2006, charcoal\nis not regulated as a hazardous material. You ask if your supplier is correct that charcoal is\nnot regulated as a hazardous material.\nProvided the tests conducted in 2006 indicate or prove that your supplier's product (charcoal)\nis not a hazardous material in accordance with any of the classification criteria (e.g., for Class\n4) in the HMR, it is not subject to the requirements of HMR and not regulated for purposes of\ntransportation in commerce. If this is the situation, the charcoal should not be described as a\nConsumer commodity, ORM-D. Therefore, a shipper would not be required to comply with\nthe training provisions contained in Subpart H of Part 172.\nI hope this information is helpfui. (202) 366-8553.\nIf we can be of further assistance, please contact us on\nSincerely,\nActing Chief, Standards Development\nOffice of Hazardous R4aterials Standards\n\n<<<PAGE 2>>>\n\nTelephone (312) 642-4238\n1176 N. CHERRY AVENUE\nCHICAGO, IL 60622\nU. S. Department of Transportation\n2300 E. Devon Ave. Suite 478\nDes Plaines, I1 6001 8\nRe: Notice of Probable Violations: Report Control # 08432\nTo Whom It May Concern:\nIs letter is in response to Berger Brothers, Inc. notice of Probable Violations. Robert\nQuillinan from above offices, wrote up report of Probable Violation. He stated charcoal\nis a hazardous material, and anyone handling charcoal must be trained how to handle\nhazardous materials.\nBerger Brothers, Inc. is a distributor of charcoal. Product comes to us already packaged,\nwe warehouse and distribute to Hardware stores, liquor and grocery stores, and other\nindustrial companies. The manufacturer, Royal Oak Interprises, LLC, offices located in\nRoswell, GA., btates\"their charcoal products are non hazardous. Charcoal is classed as\nCOMSUMER COMMODITY ORM-D per Code of Federal Regulations 49CFR\n173.15 1 (c). The ORM-D Classification does not require and is exempt from shipping\npaper, label, and placard requirements. Therefore, the Emergency Response Information\ndoes not apply to shipments of charcoal and charcoal lighter fluid per Code of Federal\n\" .\nRegulations 49DFR172.600(d).\nWith this information from manufacturer, I assumed we did not have hazardous product,\nand no further training in hazardous materials was needed, due to charcoal not needing\nany hazardous labeling.\nAs per conversation with Robert Quillinan that day, I have since purchased: Hazardous\nMaterials Transportation Training Modules. I just received CD in mail, and have\ncompleted Module 1 , test summary attached, Upon completion of testing, I will follow\nup with other employees.\nAll of our shipments have been going out with info on bill of ladings:\nNo placards required, ORM-D, Comsumer Commodity\n49CFR 173.15 1 (c), 173.150( c ) , 172.600 (d) Chemtrec 800-424-9300\nThe same info on shipments from manufacturer to us.\n-\nINDUSTRIAL\nCHARCOAL\n- ESTABLISHED 1880\nCHARCOAL\nBRIQUETS\n\n<<<PAGE 3>>>\n\nCharcoal we distribute can be eaten, its used to have people swallow to rid overdoses\nfrom people's stomach, its used as a soil sweetener to promote growth, its used in dog\nfood and bones for carbon needed in their diets, its used in filtering contaminates from\nwater in paper mills, digestive aid in animal feed, and of course, cooking on your outdoor\ngrill.\nI hope upon your review, Berger Brothers, Inc., is correcting the problem Mr. Quillinan\nstates in his report. We believe we were handling a non hazardous material, and no\nfurther training was needed. Training is now in progress.\nAttached is a letter from ROYAL OAK ENTERPRISES,LLC, that I received today.\nThey state thru tests in 2006, the results allowed them to remove the \"Consumer ORM-\nD\" status from their products, therefore, they are not hazmat regulated for transportation.\nCould someone at DOT inform me what I am to do?\nKurt M. Knaack\nPresident\nBerger Brothers, Inc.\n1 176 N. Cherry Ave.\nChicago, IL 60622\n3 12-642-4238\n\n<<<PAGE 4>>>\n\nPrint Page 1 of 1\nFrom: Ralph Carroll (rcarroll@royal-oak.com)\nTo: bergerbros2@sbcglobal.net\nDate: Friday, June 13,2008 12: 16:23 PM\nCc: Brian Bergen\nSubject: Classification of charcoal and Lighter Fluid\nDear Mr. Knaack,\nI understand that an inspector from the DOT visited your facility and\nhighlighted probable violations with your companies handling of charcoal\nand lighter fluid. I am responding to give you information so that you\nmay respond to them.\nCharcoal and lighter fluid were previously classified as \"Consumer\nOW-D\" which meant that it had specific guidelines to follow. In 2006,\nRoyal Oak had its product tested for self heating according to UN and\nDOT requirements. The test results allowed us to remove the \"Consumer\nORM-D\" status from our products and therefore, they are not hazmat\nregulated for transportation.\nPlease let me know if you need any additional information.\nBest Regards\nRalph Carroll\nLogistics Manager\nRoyal Oak Enterprises LLC\nOne Royal Oak Ave.\nRoswell, GA 30076\nP - 678-461-3200 x 3352\nF - 678-461-3234\nRcarroll@,royal-oak.com\nThis email and any files transmitted with it are confidential and intended solely for the use of the\nindividual or entity to whom they are addressed. If you are not the intended recipient, please contact the\nsender and delete/destroy all copies of this email and any related attachments. Please note that any views\nor opinions presented in this email are solely those of the author and do not necessarily represent those\nof the company. The recipient should check this email and any attachments for the presence of viruses.\nThe company accepts no liability for any damage caused by any virus transmitted by this email.\n\n<<<PAGE 5>>>\n\nPrint\nPage 1 of 1\nFrom: hazreg@volpe.dot.gov (hazreg@volpe.dot.gov)\nTo: BERGERBROS2@SBCGLOBAL.NET\nDate: Friday, May 16, 2008 10:50:09 AM\nSubject: Order Confirmation: Office of Hazardous Materials Safety - Training and Publication\nThis will confirm that you submitted an order over the Internet to the Hazmat Training Materials and\nPublications On-Line service of the U.S. Department of Transportation, Pipeline and Hazardous\nMaterials Safety Administration, Office of Hazardous Materials Safety on 5/16/2008.\nOrder 73227 Summary\nPublication\nPrice Qty\nTotal Amount\n-\nHAZMAT TRANSPORTATION TRAINING MODULES 5.1\n$25.00 1\n$25.00\nOrder Reference Number: 48951\nOrder Number: 73227\nAmount Paid: $25\nCredit/Debit Card Number: ************4695\nName on Credit/Debit Card: KURT MICHAEL KNAACK\nThank you for ordering online.\nOffice of Hazardous Material Safety\nU.S. Department of Transportation\n202-366-2301\nItallon 6017 milanhan\n=11 chano\n\n<<<PAGE 6>>>\n\nvale 1 - 1 est summary\nPage 1 of 2\n518/06\nfuTa\nModule 1 - Test Summary\nYou have completed the Module 1 Test. You answered 24 questions correctly out of the 25 to\npresented, for a score of 96 percent correct.\nShown here is your level of proficiency on each of the 4 learning objectives, expressed as a p\n92%\nIdentify information about a particular hazardous material, such as the hazard class or\nnumber, packing group, label codes, and other special provisions from the Hazardous\nTable. (13 questions evaluate this objective.)\n95%\nApply your understanding of the Hazardous Materials Table to identify the proper ship!\nfor a hazardous material and the basic description for a shipment of that hazardous m:\nquestions evaluate this objective.)\n100%\nDefine a hazardous substance and indicate the reportable quantities of that hazardous\nfrom the information provided in Table 1 and Table 2 to Appendix A of the Hazardous\nTable. (6 questions evaluate this objective.)\n100%\nIdentify marine pollutants and severe marine pollutants using Appendix B of the Hazar\nMaterials Table. (4 questions evaluate this objective.)\nListed below are the questions from the Module 1 Test. The questions that you answered corr\nmarked with a green checkmark (V), while those questions that you answered incorrectly are\nwith a red X (X).\nQuestion #1\nWhich of these tables are important resources for the hazmat employee:\nbe able to successfully complete their packaging, marking, labeling, and\nhazardous materials responșibilities?\nQuestion #2\n\"Dichlone\" in a one-pound (net weight) package is regulated as a\nX\nQuestion #3\nThe packaging requirements for the proper shipping name \"Flammable s\ninorganic, n.o.s., 4.1, UN3178, PGIl\" are found in\nof the t\nQuestion #4\nWhen determining the basic description for \"Compressed gas, toxic, n.o.:\nHazard Zone A\", what is the correct hazard class or division that should !\nQuestion #5\nThe \"+\" sign in Column 1 of the HMT\nQuestion #6\nCopra is regulated when transported by\nQuestion #7\nThe hazard class or division for \"Rags, oily\" is\nQuestion #8\nWhat is the packing group for Ethyl chloroacetate?\nQuestion #9\nThe bulk packaging authorization requirements for \"Nitrous axide\" is four\nQuestion #10\nThe proper shipping name for a hazardous material is found in\nthe HMT.\nfila./M.llanr\npinninano\n\n<<<PAGE 7>>>\n\nModule 1 - Test Summary\nPage 2 of 2\nQuestion #11| A shipment of \"Ammonium acetate\" with an aggregate gross weight of 7,\nis regulated as a\nQuestion #12\nWhat is the identification number for Cotton, from the HMT?\nQuestion #13\nThe letter \"W\" in Column 1 of the HMT means the entry regulates the offi\ntransport or transportation of the material\n, unless the mat\nhazardous substance or hazardous waste.\nQuestion #14\nThe packaging exceptions for the proper shipping name \" Ferric nitrate\" :\nof the HMT.\nQuestion #15\nA 110-pound (net weight) package of \"Aluminum phosphide\" is regulated\nQuestion #16\nWhat is the proper shipping name for \"Sodium hypochlorite, solution\"?\nQuestion #17\nThe hazardous material \"Boron tribromide, UN2692\" is forbidden to be tr:\nmode(s) of transportation.\nQuestion #18\nA ten-pound package of \"Fluorine\" is regulated as a hazardous substanc\n_mode(s) of transportation.\nQuestion #19\nWhich of these proper shipping names is an acceptable alternative for th\nshipping name \"Petroleum gases, liquefied\"?\nQuestion #20\nWhat do the letters \"RQ\" represent, that are displayed in Table 1 to Appe\nHMT?\nQuestion #21\nThe hazard class or division for the proper shipping name \"Cartridges, sr\nQuestion #22\nWhich of these four marine pollutants is NOT classified as a Severe Mari\nPollutant?\nQuestion #23\nIf a liquid marine pollutant is not listed by name in the §172: 101 Hazardo\nTable, then it must be offered for transportation on the shipping paper as\nQuestion #24\nThe substances DDT, EPN; and PCBs all have what in common?\nQuestion #25\nWhat is the identification number for the proper shipping name \"Nicotine'\n\n<<<PAGE 8>>>\n\nSTRAIGHT BILL OF LADING-SHORT FORM\nNOT NEGOTIABLE\nSHIPPER'S NO.\n044082937\nCARRIER ESTES EXPRESS LINES\nRECEIVED, SUBJECT TO INDIVIDUALLY DETERNINED RATES OR CONTRACTS THAT HAVE BEEN AGREED UPON IN SRITING BETUEEN THE CARRTER AND SHIPPER, IF APPLICABLE, OTKEXMISE TO THE RATES, CLASSIFICATIONS\nCARRIER'S NO.\nAND RULES TRAT HAVE BEEM ESTARLISNEO BY INE CARRIER AND ARE AVÁTLABLE TO THE SHIPPER, ON REQUEST.\nAT SALEM, MO\n65560\nDATE\n:06/02/2008 FROM ROYAL OAK ENTERPRISES,\nLLC\nDESTINATION. IT IS NUTUALLY ABREED, THAT SVERY SERVICE TO BE PERFORMED HEREUNDER SHALL BE SURJECT 70 ALL THE TERNS AND CONDITIONS OF THE UNIFORM BILL OF LADINS\nIM APPARENT GOOD ORDER, EXCEPT AS NOTED (CONTENTS AND SONDITION OF CONTENTS OF PACKAGES UNKNONN) NARKED, CONSIGHED,\n• SET FORTA IM THE MATIOMAL KOTOR FREIGHT CLASSIFICATION.\nWHICH SAID CARRIER AGREES TO CAREY TO\nSHIPPER AND ACCEPIED FOR HIN/WERSELF AND HIS/HER ASSISIS.\nTHE SHIPPER HEREBY CERTIFLES THAT RE/SHE IS FAMILIAR BITH ALL THE TERNS ATO CONDYTIONS OF THE SAID BILL DF LADING, INCLUDINS THOSE ON THE BACK THEREOF, AND THE SAID TEAMS AND CONDITIONS ARE HEREBY ARTEED ID BY THE\nCONSIGNED TO: (CITY,STATE, ZIP)\nCUSTOMER ORDER NO.\nCHARCOAL SUPPLY, CHICAGO\nSÁMPLES:\n031810\nORDER NUMBER\n1176 N. CHERRY AVENUE\nNMFC 42470 SUB 2\n42480\nCLASS\n77.5\nV03399\n77.5\nCHICAGO\nIL 60622\nROUTE:\nSEALS\nFOL: APPLICABLE BILL OF LADINO. IF THIS\nSUBJECT TO SECTION 7 OF THE CONDITIONS\nCAR NO:\nITRAILER NO.\n537351\nCUNSISHEE WITHOUT REEOSASE DM THE\nSILIPMENT IS TO KE DELIVERED TO THE\nCONSUMER COMMODITY ORM-D, NO SHIPPING PAPER, LABELS,\nOR PLACARDS REQUIRED.\n49CFR173.151(C), 173.150(C),172.600(D)\nFULLONING STATEMENT.\nCONSIGNOR, THE CONSIGNOR SHALL SIGN THE\nMURER 05\nFOR\n: EMERGENCY RESPONSE INFORMATION CALL: CHEMTREC 1-800-424-9300\nTHIS BKIPKENT WITKOUT. PAYNENT OF FREIGHT\nTHE CARRIER SHALL KOT MAKE DELIVERY OF\nPALLETS,\nUMBER OF\nPACKAGES\nCOMMODITY\nBRAND MAME\nSIZE\nWEIGHT\nALID ALL OTRER LANFUL CHARGES.\n0\n56\nCHARCOAL -BRIQUETS\nCHARCOAL-BRIQUETS\nCHEF'S SELECT\nROYAL DAK\n1/18\n1/20\n1036\n105\n144\n-70\nCHARCOAL - BRIQUETS\nCHARCOAL-WOOD(LUMP) ROYAL OAK LUMP\nOLD HICKORY\n1/20\n1/20\n·3024\n(SIGNATURE OF CONSIGNOR:\n1\n1470\nCHARCOAL-WOOD(LUMP) BIG GREEN EGG\n1/20\n105\nFREIGHT CHARGES ARE:\nPREPAID\nSHIPPER: PERMANENT ADORESS;\nON PREPAID SHIPMENTS BILL CRANGES TO\nROYAL DAK ENT.\n1 ROYAL OAK AVE\nROSWELL, GA.\n30076\n(678) 461-3200\nSPECIAL INSTRUCTIONS\nMASON HOTIFY SKIPPER AT ONCE.\nIF THIS FRETENT IS DELAYED FOR LEN\nTOTAL WEIGHT OF COMMODITY\n5740\nTOTAL WEIGHT OF PALLETS\n490\n7\n280\nTOTAL WEIGHT OF SHIPMENT\nCUSTOMER PICK\nUP\n6230\nSIGNATURE\nTHE CONTENTS OF THIS LOAD HAVE BEEN\nBELOW\nCERTIFICATION THAT\nCUSTOMER RECEIVES USED PALLETS\nVANED RATERIALS ARE PEOPERLY CLASSIFIED.\nTHIS IS TO CERTIFY THAT THE AROVE\nCESCATRED, PACKARKO, MARKED AND LABELED\nVERIFIED AND\nON THIS BILL OF LADING.\nAGREES WITH THOSE SHOWN\nNORTATION ACCORDINA TO TRE APPLICARLE\nIND ARE IN PROPER CONDITION FOR TRANS\nSIGNED\n•N/A\nJERULATIDNS OF THE U.S, DEPARTNENT OF\nDATED\n¡RANSPORTATION AND THE CAMADIAN\nTRANSPORY COMMISSION.","truncated":false,"body_characters":14445}