{"operation":"document","citation":"09-0175","title":"California Department of Fish and Game — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-03","effective_on":null,"summary":"09-0175 response to California Department of Fish and Game concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0175.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0175.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0175","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090175.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nSEP 3 2009\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Charles R. Todd\nCalifornia Department of Fish and Game\n2005 Nimbus Road\nRancho Cordova, CA 95670\nRef. No. 09-0 175\nDear Mr. Todd:\nThis responds to your June 20,2009 letter requesting clarification of authorized packaging\nfor small quantities of hazardous materials under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask whether hazardous material wrapped\nin aluminum foil and placed in plastic bags is an acceptable method of packaging under the\nsmall quantities exceptions in 173.4; and whether there are alternatives to these exceptions.\nAccording to your letter, your agency ships, by highway and air, samples of bird feathers\ncontaminated with oil to laboratories for analysis. You indicate the types of oil found on the\nfeathers meet the definition of Class 3 flammable liquids in Packing Group 111. For evidence\ncollection purposes, the samples are wrapped in aluminum foil and placed in plastic bags.\nThe packaging method described in your letter and illustrated in the photographs enclosed\nwith your letter does not conform to the packaging authorized under 9 173.4. You should be\naware that these small quantities exceptions are limited to domestic transportation by\nhighway and rail. Small quantities of hazardous materials shipped by air may be eligible for\nexceptions under $9 173.4a (excepted quantities) or 173.4b (de minimus exceptions).\nHowever, although a residue of oil remains on the bird feathers, it is the opinion of this\nOffice that the packaging method used for shipment of the bird feathers is sufficient to\nmitigate the minimal hazard present during the course of transportation. Therefore, provided\nthere is no free liquid in the plastic bag, or there is sufficient absorbent material in the outer\npackaging to absorb any release of free liquid from the plastic bag, shipments of the bird\nfeathers with surface residues of oil using the packaging method described in your letter and\nillustrated in the photographs are not subject to the HMR.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nCharles E. Betts\nStandards Development\nof Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nCharles R. Todd\nCalif. Dept. of Fish and Game\n2005 Nimbus Road\nRancho Cordova, CA 95670\n(916) 358-4395\nU. S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-1 0\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, D.C. 20590-0001\nJuly 20,2009\nDear Sirs,\nThe Calif. Dept. of Fish and Game is responsible for all state waters and we respond to\npollution incidents that affect them. We have personnel who are trained on a recurrent\nbasis in ground and air hazardous material shipping. When we have evidence samples to\nship we will either ship them per the regulations or deliver them personally.\nOn occasion evidence in the form of oiled bird feathers needs to be sent to laboratories\nfor analysis. For evidence collection, the oiled feathers are wrapped in aluminum foil and\nplaced in a plastic bag. Enclosed are photographs of a feather sample and its packaging.\nThe coin in the photos is a quarter for scale.\nThe oil on the feathers is normally a crude oil or bunker C from a ship. Both are\nconsidered flammable (Packing Group 111) per the regulations. I realize we can ship the\nsamples using the small quantity exception. My question is can we ship the feather\nsamples in the aluminum foil and plastic as shown or do we need to place the samples in\na jar made of glass or thick plastic? For such a small quantity are there other exceptions\nin the regulations that would apply?\nI will appreciate any information you can give me regarding my questions.\nYours truly,\nC. R. Todd\n\n<<<PAGE 3>>>\n\nSo WHIRL-PAK.\n5-022-09-4\nW2-7HI","truncated":false,"body_characters":3901}