{"operation":"document","citation":"08-0219","title":"HMT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-10-07","effective_on":null,"summary":"08-0219 response to HMT Associates, L.L.C. concerning 172.101, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0219.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0219.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0219","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080219.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nOCT 7 2009\nMr. Edward Altemos\nHMT Associates, L.L.C.\n803 King Street\nSuite 300\nAlexandria, VA 223 14-3 105\nRef. No.08-02 19\nDear Mr. Altemos:\nThis is in response to your August 28,2008 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to shipping paper\nrequirements. You present a number of scenarios with your interpretation of the applicable\nrequirements. You ask that we comment on the accuracy of your interpretation. Your\nspecific scenarios and interpretations, and our responses are as follows:\nScenario 1: The shipping paper states \"Fire Extinguisher (Fire\nExtinguisher), 2.2, UN 1044, 1 cylinder X 3 kg.\" The package\nmarking states \"Fire Extinguisher UN1044.\"\nAltemos' Interpretation: This shipping paper description is not in compliance with the\nHMR because the words \"Fire Extinguisher\" have been\ninterspersed between the required elements of the basic\ndescription, and because this term is not a \"technical [or]\nchemical group\" name specifically allowed to be interspersed\nwithin the required shipping description.\nPHMSA .'s Comment: Your interpretation is correct. As required in 5 172.202(d),\ntechnical and chemical group names may be entered in\nparentheses between the proper shipping name and hazard class\nor following the basic description. An appropriate modifier,\nsuch as \"contains\" or \"containing,\" and/or the percentage of the\ntechnical constituent may also be used.\nScenario 2: The shipping paper states \"Paint (Paint related material), 3,\nUN 1263,II, Fiberboard box X 2L.\" The package marking\nstates \"Paint related material UN 1263.\"\nAltemos' Interpretation: The shipping paper description is not in compliance with the\nHMR because the words \"Paint Related Material\" have been\n\n<<>>\n\nPHMSA's Comment: Scenario 3: Altemos' Interpretation: PHMSA's Comment:\nScenario 4:\nAltemos' Interpretation: interspersed between the required elements of the basic\ndescription, and because this term is not a \"technical [or]\nchemical group\" name specifically allowed to be interspersed\nwithin the required shipping. Moreover, \"Paint\" and \"Paint\nrelated material\" are different materials, so although separated\nby an \"or\" in the relevant entry in the Hazardous Materials\nTable (HMT), both names cannot be \"appropriate\" to the\nmaterial being described. Finally, the proper shipping name\n\"Paint\" conflicts with the proper shipping name on the\npackage.\nYour interpretation is correct. As specified in 6 172.101(c), the\nword \"or\" in italics indicates that terms in the sequence may be\nused as the proper shipping name, as appropriate. In addition,\nsee PHMSA's comment to Scenario 1.\nThe shipping paper states \"Paint, 3, IJN1263,III, 1 Fiberboard\nbox X 2L.\" The package marking states \"Paint related material\nUN1263 .\"\nThe shipping paper description is not in compliance with the\nHMR because \"Paint\" and \"Paint Related Material\" are\ndifferent materials, the proper shipping name \"Paint\" conflicts\nwith the proper shipping name on the package. Alternatively,\nsince \"Paint\" and \"Paint related materials\" are different\nmaterials, if the shipping paper is correct, the package marking\nis incorrect.\nYour interpretation is correct. In addition, see PHMSA's\ncomment to Scenario 1 and 2.\nThe shipping paper states \"Air bag inflators or Air bag\nModules, 9, UN3268,III, 1 Fiberboard box X 4 kg.\" The\npackage marking states \"Air bag inflators UN 3268.\"\nThe shipping paper description is not in compliance with the\nHMR because the words \"Air bag modules\" has been\ninterspersed between the required elements of the basic\ndescription, and because this tern is not a \"technical [or]\nchemical group\" name specifically allowed to be interspersed\nwithin the required shipping description \"without limitations\"\nunder the provisions of $ 172.202(d). In this regard, \"Air bag\ninflators\" and \"Air bag modules\" are different materials, so\nalthough separated by an \"or7' in the relevant entry in the HMT,\nboth names cannot be \"appropriate\" to the material being\ndescribed. Finally, the interspersed term \"Air bag modules\"\n\n<<>>\n\nPHMSA's Comment:\nScenario 5:\nAltemos' Interpretation:\nPHMSA's Comment:\nScenario 6:\nAltemos' Interpretation:\nPHMSA's Comment:\nScenario 7:\nAltemos' Interpretation:\nconflicts with the proper shipping name on the package.\nYour interpretation is correct. In addition, see PHMSA's\ncomment to Scenario 1 and 2.\nThe shipping paper states \"Ethanol, 3, UN1170,II, Fiberboard\nbox X 3 L. The package marking states \"Ethanol or Ethyl\nAlcohol UN 1 1 70.\"\nThe shipping paper description is in compliance with the HMR.\nIt does not conflict with the package marking, nor does the\npacking marking contravene the provisions of the HMR since\nno specific sequence is specified for package marking, and\nbecause \"Ethanol\" and \"Ethyl Alcohol\" are synonyms for the\nsame material and both are authorized proper shipping names\nfor that material (UN1170) under the HMR.\nAs provided in 4 172.101 (c), when one entry in Column (2) of\nthe HMT references another entry by use of the word \"see,\" if\nboth names are in Roman type, either name may be used as the\nproper shipping name (e.g., Ethyl alcohol, see Ethanol).\nHowever, this provision does not specify that both entries must\nbe simultaneously used in the basic description either on the\nshipping paper or when marking a non-bulk packaging.\nThe shipping paper states \"Ethanol (Ethyl Alcohol), 3,\nUN1170,II, 1 Fiberboard X 1 L.\" The package marking states\n\"Ethanol UN 1470.:\nThe shipping paper description conforms to the HMR since\n\"Ethanol\" and \"Ethyl Alcohol\" are synonyms for the same\nmaterial and both are authorized proper shipping names for that\nmaterial under the HMR. Moreover, \"Ethyl Alcohol\" is a\n\"technical\" name specifically allowed to be interspersed within\nthe required basic descriptions.\nYour interpretation is correct. See PHMSA's comment to\nScenario 1.\nThe quantity and unit of measure on the shipping paper states\n\"Acetone, 3, UN1090,II, 1 Fiberboard box X 4 1 L\" for which\nthe \"4 1 L\" is intended to indicate that the fiberboard box\ncontains 4 inner packagings each of one liter capacity.\nThe manner of indicating the total quantity covered by the\ndescription (the shipment concerned is not an air shipment)\n\n<<>>\n\nPHMSA's Comment: does not conform to the requirements of 8 172.202(a)(5)\nbecause the numerical value indicating the quantity covered by\nthe description (i.e., the figure \"4\" as in 4 liters) is not\nimmediately followed by an indication of the applicable unit of\nmeasurement (i.e., \"Liters\" or \"L\"). Because the HMR do not\nrequire an indication of the number of inner packagings in a\ncombination packaging, as written, the total quantity covered\nby the description could be incorrectly interpreted to be \"41 L.\"\nYour interpretation is correct. As specified in 8 172.202(a),\nexcept for transportation by aircraft, the total quantity of\nhazardous materials covered by the description must be\nindicated (by mass or volume, or by activity for Class 7\nmaterials) and must include an indication of the applicable unit\nof measurement. For example, \"200 kg\" or \"50 L.\"\nI hope this information is helpful.\nSincerely,\n..,d/+ .dy Susan Gorsky,\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<>>\n\nFi3 ste r\n3172-10 I\n3 172.201\nPage 1 of 3\nDrakeford, Carolyn \n.. \"*\nFrom: Gorsky, Susan \nSent: Thursday, August 28,2008 2:00 PM\nTo : Drakeford, Carolyn \nCc: Mazzullo, Ed \nSubject: FW: Question concerning shipping paper descriptions\nAttachments: DOT Interpretation 01 -01 60.pdf\nFrom: Altemos, Edward A. [mailto:ealtemos@pipeline.com]\nSent: Tuesday, August 26, 2008 7:55 AM\nTo: Mazzullo, Ed ; Gorsky, Susan \nSubject: Question concerning shipping paper descriptions\nEd and Susan,\nI have been asked for my opinion concerning the correctness of a number of shipping paper descriptions (in some\ncases, in light of the correspondirlg package marking). However, since I have not been able to find much in the\nway of prior interpretations that specifically address the issues concerned, I would appreciate if you could let me\nknow if I am on target with my views concerning each. In each case, following the description and associated\npackage marking, I have indicated whether I think the description complies with the applicable provisions of the\nHMR or not, along with my rationale for same. I would very much appreciate if you could either confirm my\nopinion, or, if I am incorrect, provide an alternative explanation as to the acceptability (or otherwise) of each\ndescription.\nBefore going into the various descriptions, as I see it the following provisions of the HMR are applicable:\n1. 51 72.1 01 (c)(2) - which states that the word \"or\" in a shipping name sequence in the Hazardous\nMaterials Table indicates that terms in the proper shipping name sequence may be used as the\nproper shipping name \"as appropriate\".\n2. §172.201 (a)(4) - which allows a shipping paper to contain \"additional\" (i.e., not otherwise required)\ninformation about the material that is not inconsistent with the required description, provided (unless\notherwise permitted or required) that the information is placed after the basic description required by\n51 72.202(a).\n3. §172.202(b) - which requires that, except as specifically provided, the basic description required by\n5172.202(a)(l) to (4) must be shown in sequence with no additional information interspersed.\n4. § I 72.202(d) - which allows \"technical and chemical group names\" to be entered in parentheses\nbetween the proper shipping name and hazard class, or following the basic description. The attached\ninterpretation letter reference 01-0160 confirms that this is the case \"without limitations\" (that is, even\nwhen this information is not specifically required for a particular proper shipping name) - as long as\nthe information is \"appropriate and not inconsistent with the proper shipping name\". [Note: While I\nagree with the basic intent of this interpretation, I believe the specific example cited in the letter is\nincorrect because \"ethyl benzene\" is a distinct chemical compound and not a \"xylene\", as evidenced\nby the fact that ethylbenzene is a separate UN (and HMR) entry with its own UN number (UN 1175).\nThis being the case, it is not clear how, under the HMR, this could be a \"technical name\" for a\nmaterial described as \"xylenes\" -or even how a mixture of xylenes and ethylbenzene could be\nproperly described by the proper shipping name \"Xylenes\".]\nAgainst that background, the shipping paper descriptions (and corresponding package markings) in question\nfollow, along with my view regarding the correctness under the HMR of each shipping description.\nI. Shipping papers states: Fire Extinguisher (Fire Extinguisher), 2.2, UN1044, 1 cylinder X 3 kg\n\n<<>>\n\nPage 2 of 3\nPackage marking states: Fire Extinguisher UN 1044\nIn&rpretatiop: This shipping paper description is not in compliance with the HMR because the expression \"(Fire\nExtinguisher)\" has been in interspersed between the required elements of the basic description, and because this\nterm is not a \"technical [or] chemical group\" name specifically allowed to be interspersed within the required\nshipping description \"without limitations\" under the provisions of §172.202(d).\n2. Shipping paper states : Paint (Paint Related Material), 3, UN1263, II, 1 Fiberboard box X 2 L\nPackage marking states: Paint Related Material UN1263\nInterpretation: This shipping paper description is not in compliance with the HMR because the expression \"(Paint\nRelated Material)\" has been in interspersed between the required elements of the basic description, and because\nthis term is not a \"technical [or] chemical group\" name specifically allowed to be interspersed within the required\nbasic description \"without limitations\" under the provisions of §172.202(d). Moreover, \"Paint\" and \"Paint related\nmaterial\" are different materials, so, although separated by an \"or\" in the relevant entry in the Hazardous Materials\nTable, both of these names cannot be \"appropriate\" to the material being described. Finally, the proper shipping\nname \"Paint\" conflicts with the proper shipping name indicated on the package.\n3. Shipping paper states: Paint, 3 ,LIN1263, 111, 1 Fiberboard box X 2 L\nPackage marking states: Paint Related Material UN1263\n1.nt.erpretation: This shipping paper description is not in compliance with the HMR because, since \"Paint\" and\n\"Paint related material\" are different materials, the proper shipping name \"Pant\" conflicts with the proper shipping\nname indicated on the package. Alternatively, since \"Paint\" and \"Paint related material\" are different materials, if\nthe shipping paper entry is correct, the package marking is incorrect.\n4. Shipping paper states: Air Bag Inflators or Air Bag Modules, 9, UN3268, 111, 1 Fiberboard box X 4 kg\nPackage marking states: Air Bag Inflators UN 3268\n--\n1nterpretati.o-n: This shipping paper description is not in compliance with the HNlR because the expression \"or Air\nBag Modules\" has been in interspersed between the required elements of the basic description, and because this\nterm is not a \"technical [or] chemical group\" name specifically allowed to be interspersed \"without limitations\"\nunder the provisions of §172.202(d). In this regard, \"Air Bag Inflators\" and \"Air Bag IModules\" are different\nmaterials (see definitions in §173.166(a)), so, although separated by an \"or\" in the relevant entry in the Hazardous\nMaterials Table, both of these names cannot be \"appropriate\" to the material being described. Finally, the\ninterspersed term \"Air Bag Modules\" conflicts with the proper shipping name indicated on the package.\n5. Shipping paper states: Ethanol, 3, UN1170, II, 1 Fiberboard box X 3 L\nPackage marking states: Ethanol or Ethyl Alcohol UN1170\n1nt.erp~etation: This shipping paper description is in compliance with the HMR. Moreover, it does not conflict with\nthe package marking, nor does the package marking contravene the provisions of the HMR since for package\nmarkings no specific sequence is specified, and because \"Ethanol\" and \"Ethyl Alcohol\" are synonyms for the\nsame material and both are authorized proper shipping names for that material (UN 1170) under the HMR.\n6. Shipping paper states: Ethanol (Ethyl Alcohol), 3, UN1170, II, 1 Fiberboard box X 1 L\nPackage marking states: Ethanol UN1170\n.. . . . . .. ..... . .. . ... .\nInterpretation.: This shipping paper description conforms to the HMR since \"Ethanol\" and \"Ethyl Alcohol\" are\nsynonyms for the same material and both are authorized proper shipping names for that material under the HMR.\nMoreover, \"Efllyl Alcohol\" is a \"technical\" name specifically allowed to be interspersed within the required\n\n<<>>\n\nPage 3 of 3\nbasic description \"without limitations\" under the provisions of §172.202(d)\n7. The quantity and unit of measure on the shipping paper states: \"Acetone, 3, UN1090, II! 1 Fiberboard box X 4 1\nL\" for which the \"4 '1 L\" is intended to indicate that the fiberboard box contains 4 inner packagings each of one liter\ncapacity.\nInterpetation: . This manner of indicating the total quantity covered by the description (the shipment concerned is\nnot an air shipment) does not conform to the requirements of §172.202(a)(5) because the numerical value\nindicating the quantity covered by the description (i.e., the figure \"4\" as in 4 liters) is not immediately followed by\nan indication of the applicable unit of measurement (i.e., Liters\" or \"L\"). Therefore - and because the HMR do not\nrequire an indication of the number of inner packagings in a combination packaging - as written the total quantity\ncovered by the description could be incorrectly interpreted to be 41 L.\nAgain, I would appreciate your confirmation that my interpretation of the applicable requirements of the HMR as\nthey apply to each of these shipping paper entries is correct, or, if not correct, how the requirements would be\nproperly interpreted in the context of the entry. I very much appreciate your comments and assistance, and\nplease do not hesitate to contact me if you have questions concerning this request.\nBest regards,\nAndy","truncated":false,"body_characters":16313}