{"operation":"document","citation":"09-0166","title":"Georgia Department of Public Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-08-18","effective_on":null,"summary":"09-0166 response to Georgia Department of Public Safety concerning 172.203, 172.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0166.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0166.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0166","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090166.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave.. SE\nWashington, DC 20590\nAUG 1 8 2009\nCapt. Bruce Bugg\nGeorgia Department of Public Safety\nMotor Carrier Compliance Division\nP.O. Box 1456\nAtlanta, GA 30371\nRef. No. 09-0166\nDear Captain Bugg:\nThis responds to your e-mail of July 16,2009, that requests we compare our response made to\na January 9, 2007 letter (Ref. No. 06-0271) with the response we made in response to a similar\ninquiry presented to this Office in a September 8, 2000 letter (Ref. No. 00-0256) regarding the\nshipping paper and placarding requirements for materials poisonous by inhalation under the\nHMR (49 CFR; Parts 171-180). Specifically, the inquires pertained to whether the shipping\npaper requirements of 8 172.203(m) and the subsequent placarding requirements of § 172.505\napply to the description \"Hydrogen fluoride, anhydrous, UN1052.\"\nBecause anhydrous hydrogen fluoride meets the definition of a material poisonous by inhalation\n(PIH) in 5 17 1.8, shipments of \"Hydrogen fluoride, anhydrous, LTN 1052\" must conform to\nspecific shipping paper, package marking, and placarding regulations applicable to PIH materials.\nThus, the shipping paper must include the words \"Poison - Inhalation Hazard, Zone C\nimmediately following the shipping description prescribed in 9 172.203(m). Further, the package\nmust be marked \"Inhalation Hazard\" in accordance with 5 172.3 13(a). Additionally, the transport\nvehicle or freight container must be placarded with a POISON INHALATION HAZARD placard\nin addition to any other required placards prescribed in 6 172.505(a).\nWe apologize for the contradictory response in this matter. The original September 8, 2000\nletter (Ref. No. 00-0256) regarding this matter is correct and remains valid. The specific\nhazard zone to which a material is assigned and its physical state are not relevant to whether\nthe requirements of 55 172.203(m) and 172.505(a) apply. Our January 9, 2007 letter (Ref. No.\n06-0271) on this matter will be amended accordingly as soon as possible.\nI trust this addresses your concerns satisfactorily. Please contact us if we can be of further\nassistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of 2\nDrakeford, Carolyn (PHMSA)\n, . . .... . ,-~\" ,,* .. ....-,,,, ~ ..,-\nFrom: INFOCNTR (PHMSA)\nSent: Thursday, July 16, 2009 1:35 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for Written Clarification\nFrom: Capt. Bruce Bugg [mailto:obbugg@gsp.net]\nSent: Thursday, July 16, 2009 1:08 PM\nTo: IIVFOCNTR (PHMSA)\nCc: Thomas Fuller'; 'R. C. Powell'; Capt. Bruce Bygg\nSubject: Request for Written Clarification\nPlease compare the responses regarding Hydrogen Fluoride, Anhydrous in letter 00-0256 and Question 4 in letter\n06-0271. 1 believe they conflict with each other.\nI request a new written clarification in this matter.\nExcerpt from 00-0256 http://www.phmsa.dot.qov/staticfiles/PHMSNDownloadableFiles/Files/lnter~retation\nFi!.es!~oooLo~o2.56:.~df:\nThis responds to your letter, dated September 8, 2000, concerning regulatory requirements for transporting\nhydrogen fluoride, anhydrous. Specifically, you ask about labeling and placarding requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYour understanding of the HMR requirements for hydrogen fluoride, anhydrous, is correct. Because it meets the\ndefinition of a material poisonous by inhalation (PIH) in 9 171.8, shipments of hydrogen fluoride, anhydrous, must\nconform to specific shipping paper, package marking, and placarding regulations applicable to PIH materials.\nThus, the shipping paper must include the words \"Poison - Inhalation Hazard, Zone C\" immediately following the\nshipping description (9 172.203(m)(3)). Further, the package must be marked \"Inhalation Hazard\" (5 172.31 3(a)).\nIn addition, the transport vehicle or freight container must be placarded with a POISON INHALATION HAZARD\nplacard in addition to any other required placards (9 172.505(a)).\nQ4. T ~ ~ - H M T specifies that Hydrogen fluoride, anhydrous, UN 1052, PG I, is classified as a corrosive with a\ntoxic subsidiary hazard. The special provisions provide that the material is poisonous by inhalation in Hazard\nZone C. Does this material meet the requirements for description under 9 172.203(m)? If not, is the material\ntherefore subject to 9 172.505?\nA4. In spite of the hazard class to which a material is assigned, for materials that are poisonous by inhalation\n(see 9 173.1 32 and 173.133), the words \"Poison-Inhalation Hazard' or \"Toxic Inhalation Hazard\" and the words\n\"Zone A , \"Zone B\", \"Zone C\", or \"Zone D\" for gases, or \"Zone A or \"Zone B\" for liquids, as appropriate, shall be\nentered on the shipping paper immediately following the shipping description. In this case, if the material in\nquestion is a liquid and \"Zone C\", then it is not subject to 3 172.203(m); and therefore not subject to 5 172.505.\nHowever, in this case if the material in question is a gas and \"Zone C\", then it would be subject to 9 172.20(m)\nand 9 172.505.\nCapt. Bruce Bugg\nGeorgia Department of Public Safety\nMotor Carrier Compliance Division\nP.O. Box 1456 - Atlanta, GA 30371\n959 East Confederate Avenue, SE - Atlanta, GA 30316\nvoice: 404.624.7226\nfax: 404.624.7295\ne-mail: obbugg[at]gsp.net (replace \"[at]\" with \"a\")","truncated":false,"body_characters":5419}