{"operation":"document","citation":"08-0246","title":"Tetra Micronutrients — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-10-16","effective_on":null,"summary":"08-0246 response to Tetra Micronutrients concerning 172.101, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0246.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0246.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0246","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080246.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMs. Becky Beasley\nTraffic Manager\nTetra Micronutrients\n7 1025 569 Avenue\nFairbury, NE 68352\nRef. No. 08-0246\nDear Ms. Beasley:\nThis responds to your September, 25 2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask for the HMR\nrequirements applicable to paperwork, packaging, loading, driver training, and transporting a\nmaterial classed as \"Environmentally hazardous substance, solid n.o.s., Class 9, UN 3077,\nPG I11 (zinc sulfate),\" in 50 and 2,000 pound bags and 25-35 ton bulk loads. In addition,\nyou ask if the CLASS 9 placard is required on the vehicle or packages.\nA Class 9 material transported by highway is subject to the shipping paper requirements in\nPart 172, Subpart C and 177.817; the packaging requirements in Column 8 of the\nHazardous Materials Table (HMT; § 172.101); and the requirements in Part 177, including\ndriver training, loading, unloading, and carriage requirements. A CLASS 9 placard is not\nrequired for domestic transportation (see § 172.504(0(9)). However, each non-bulk package\n(e.g. 50 pound bag) must be marked with the proper shipping name and identification\nnumber as provided by fj 172.301 and must have a CLASS 9 label as provided by 172.400.\nBulk packages (e.g., 2,000 pound bag and 25-35 ton bulk load) containing a Class 9 material\nmust be marked with the appropriate identification number displayed on a CLASS 9 placard,\nan orange panel, or a white-square-on-point display configuration.\nYou should also note that a hazardous substance is defined in 5 17 1.8 as a material,\nincluding its mixtures and solutions, that is listed in Appendix A to 172.101, and is in a\nquantity, in one package, that equals or exceeds the reportable quantity (RQ) for the material\nlisted in Appendix A. Zinc sulfate is listed in Appendix A with an RQ of 1,000 pounds. The\n50 pound bag you describe may not meet the definition of a hazardous substance as defined\nin tj 171.8, because the amount in each bag does not exceed the RQ for zinc sulfate.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nSusan Gorsky\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nTetra Micronutrients\n71 025 569 Avenue 3 / 7 2 . to 1\nQpPl ~'c~b,'I;\n0s-02 Ly\nMICRONUTRIEN7S Tel: 402.729.61 91\nFax: 402.729.6088\nFairbury, NE 68352 Web: www.tetramicron.com\n4 '\n, ,\n, *\nSeptember 25,2008 . .\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n400 Seventh St. S.W.\nWashington, D.C. 20590\nAttn: Transportation Regulations Specialist\nTetra Micro Nutrients manufactures Zinc Sulfate Products. The material is described as\n\"Environmentally hazardous substance, solid, n.o.s., class 9, UN 3077, III\" transported in\n50# bags, 2000# bags and in bulk form. We were under the understanding that anything\nin bulk form needed to be placarded. We have been malung sure every load that is\nshipped out of facility in bulk has a placard on all sides of the trucWtrailer and make sure\nthat the truck driver is hazardous certified. We have been informed by a trucking\ncompany that picks up numerous loads on a regular basis from our facility that the\nmiscellaneous class 9 does not need to be placarded but the container or bags need the\ncorrect classification number on the container or bags. They also mentioned the drivers\ndon't need to be hazmat certified but do need to have the hamat training.\nI need a letter from your office that states what the regulations are regarding paperwork,\npackaging, loading and transporting of our Zinc Sulfate products in 50# bags, 2000# bags\nand in 25-35 ton bulk loads. If this is not within the scope of your department, please let\nme know whom I would need to contact.\nThank you for your help in this matter.\nSincerely,\nBecky Beasley V '\nTraffic Manager","truncated":false,"body_characters":4019}