{"operation":"document","citation":"09-0116","title":"Logistics OMG Americas, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-02","effective_on":null,"summary":"09-0116 response to Logistics OMG Americas, Inc. concerning 172.101, 173.173.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090116.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nSEP 2 2009\nMr. Patrick Foster\nManager, Logistics\nOMG Americas, Inc.\n811 Sharon Drive\nWestlake, OH 44145-1522\nRef. No. 09-0116\nDear Mr. Foster:\nThis responds to your letter requesting guidance in the selection of a proper shipping name\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and differences\nthat exist when making that determination under international standards. Specifically, you\nask whether a paint drier can be described as \"paint related material\" when shipped\ninternationally. You state in your letter that under 9 173.173 of the HMR, a paint drier is a\n\"paint related material\" whereas under the ICAO Technical Instructions (ICAO TI) guidance\nis no longer given for its description. It is your understanding that in the past the ICAO TI\nrequired the generic \"flammable liquid, n.0.s.\" description for paint driers but no longer\nprovides such guidance.\nSection 173.173(a) defines a \"paint related material\" as the proper shipping name for a paint\nthinning, drying, reducing or removing compound unless a more specific description is listed\nin the 9 172.101 table of the HMR. Moreover, the international standards such as the ICAO\nTI and the IMDG Code permit a competent authority to exercise discretion when categorizing\nspecific hazardous materials in to generic shipping descriptions such as \"paint\" and \"paint\nrelated material.\" Therefore, the most appropriate description for a paint dryer when offered\nfor transportation either domestically or internationally is \"Paint related material.\"\n1 trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincere] y,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMay 11, 2009 Tel. 440.899.2950\n800.321.9696\nF a x . 440.808.71 17\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mauullo:\nI am writing to you with a question concerning the proper shipping name of a paint\ndrier. CFR 49 lists paint driers as Paint Related Material, UN1263, Hazard Class 3\nand specifically lists \"including Driers\". However, the ICAOIIATA and the IMDG list\npaint related material as including paint thinning or reducing compounds but do not\nsay anythin& specific about paint driers. In the past, the ICAOIIATA regulations said\nto use Flammable Liquid, NOS for paint driers. The latest version does not have this\nreference.\nCan the description \"Paint Related Material\" be used for paint driers in ICAO~IATA\nand IMDG? If not, the DOT proper shipping name and the Dangerous Goods proper\nshipping names are different, which creates some confusion.\nA written response to this inquiry would be most helpful, as we have been questioned\nby the FAA concerning why we use Flammable Liquid, N.O.S. with the technical\nname as the proper shipping name for international shipments and use Paint Related\nMaterial as the proper shipping name for domestic shipments. The FAA suggested\nthat Paint Related Material would be the correct proper shipping name for both\nDomestic and International shipments.\nYour assistance in this matter is greatly appreciated. Correspondence can be\ndirected to Pat Foster, (440)808-7230 pat.foster@na.omgi.com.\nSincerely,\nPatrick Foster\nManager, Logistics","truncated":false,"body_characters":3515}