{"operation":"document","citation":"08-0248","title":"American Trucking Associations — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-16","effective_on":null,"summary":"08-0248 response to American Trucking Associations concerning 172.102, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0248.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0248.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0248","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080248.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nJAN 1 6 2009\nMr. Richard Moskowitz\nVice President and\nRegulatory Affairs Counsel\nAmerican Trucking Associations\n950 North Glebe Road Suite 200\nArlington, VA 22203\nRef. No. 08-0248\nDear Mr. Moskowitz:\nThis responds to your e-mail requesting clarification of the shipping paper requirements for\nToxic-Inhalation Hazard (TIH) materials under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask whether the hazard zone must be indicated on a\nshipping paper for a Division 2.3 TIH gaseous material (e.g., \"Oil gas, UN 1071 \") when no\nsuch hazard zone is identified in a special provision code in Column 7 of the 8 172.101\nHazardous Materials Table (HMT) for the material.\nThe answer is yes. As specified in 8 172.203(m), the words \"Poison-Inhalation Hazard\" or\n\"Toxic-Inhalation Hazard\" and the words \"Zone A\", \"Zone B\", \"Zone C\", or \"Zone D\" for\ngases or \"Zone A or \"Zone B\" for liquids, as appropriate, must be entered on the shipping\npaper immediately following the shipping description. Emphasis added.\nFor a gas to be described as \"Oil gas, UN1071\" it must first meet the definition of a Division\n2.3 material. All Division 2.3 gases are TIH materials and, thus, are assigned a hazard zone\nbased on the LCsovalue of that gas or gas mixture. See 8 173.116. The words \"as\nappropriate\" in 8 172.203(m) are there solely to distinguish between the different hazard\nzones that may be assigned to either a gas or to a liquid.\nThe HMR assign 8 172.102 Special Provision 6 in Column 7 of the HMT to TIH materials for\nwhich the hazard zone of the material must be determined by the offeror and indicated on the\n\n<<>>\n\nshipping paper as specified in § 172.203(m). Oil gas, UN1071 is one such material; Carbon\nmonoxide and hydrogen mixture, compressed, UN2600 is another. The hazard zone for both\nof these gases must be indicated when described on a shipping paper.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely, __.....r..-.-.-\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nPage 1 of 2\n0 1:7Z .263C\"-)J\n5pecla[ ? m s i o n\n.,..., ,\nDrakeford, Carolyn \nFrom: Mazzullo, Ed \nSent: Tuesday, October 07,2008 12:44 PM\nTo: Drakeford, Carolyn \nCc: Betts, Charles ; Foster, Glenn ; Gorsky, Susan ; Mazzullo,\nEd ; Mitchell, Hattie ; Supko, Ben \nSubject: FW: PIH, Special provision 6, 172.203(m)\nFollow Up Flag: Follow up\nFlag Status: Flagged\nFrom: Richard Moskowitz [mailto:RMoskowitz@trucking.org]\nSent: Friday, October 03, 2008 2:25 PM\nTo: Mazzullo, Ed \nSubject: FW: PIH, Special provision 6, 172.203(m)\nI received the following from an ATA member that is trying to do the right thing. Do you know how this should be\nhandled?\nWe have a little bit of controversy with 1JN1071. We hadhave a shipment, 13 lbs, of this which is a 2.3(2.1)\nmaterial. Special Provision 6 states that it is a Poison Inhalation Hazard, but there is no reference to a particular\nHazard Zone, A, B, C or D. 172.203(m) states that PIH should be stated s a part of the description and it goes on\nto add that the appropriate Zone also be added, 'as appropriate'.\nWell, we have a program that we use provided by RegScan called the HazMat Enforcer. It allows us to make sure\nthat we have proper placarding, separation where necessary, etc., for hazmat shipments. When using the Enforcer\nwith UN 1071, it asks for the Hazard Zone. According to the Table, no zone is specified, given the Special\nProvision given in column 7, which in this case is 6. I inquired about this and have now received different\nanswers from different sources as to the validity as it applies to 172.203(m) where the Zone Am B, C or D must\nbe shown in addition to the wording Poison Inhalation Hazard.\nMy contact is an agent with the AL Division of the FMSCA who regularly performs formal DOT inspections.\nTheir source is a lady at PHMSA. My contact says that because SP 6 doesn't specify a specific Zone, then the\nreference of 172.203(m) doesn't apply, as far as the Zone is concerned. He states that 'ass appropriate' refers to\nmaking sure this is added if one is stated. On the other hand, PHMSA sates that all poison gases are PIH and\ntherefore have a Hazard Zone and that one should be shown when described. None is shown on BOL.\nIf this is the case, why doesn't the special provision in the Table reflect this? Which is correct? there is no\nquestion that this is a PIH. The question is: does there have to be a Hazard Zone listed?\nI need to be able to tell our employees how to address this issue should it arise again when using this program.\nThanks,","truncated":false,"body_characters":4865}