Pacific Northwest National Laboratory — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Lany Stuhl Pacific Northwest National Laboratory 902 Battelle Blvd, PO Box 999, MSIN 52-25 Richland, WA 99354 Ref. No. 09-0190 Dear Mr. Stuhl: This responds to your August 19,2009 email requesting clarification on the use of a proper shipping name under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). You state that that the proper shipping name "Nitric acid other than red fuming, with more than 70% nitric acid" no longer appears on the Government Printing Office Electronic Code of Federal Regulations (eCFR) website in the Hazardous Materials Table (HMT: 49 CFR 172.1 01). Specifically, you ask if we have issued a rulemaking to remove this shipping description from the HMR, and if not, if you may continue to use the proper shipping name in compliance with the HMR. We have not issued any final rules to remove "Nitric acid other than red fuming, with more than 70% nitric acid" from the HMR. It appears that the shipping description was inadvertently removed from the eCFR website. You may continue to use this shipping description in compliance with the HMR. We will work to resolve this discrepancy with the Government Printing Office as soon as possible. I hope this answers your inquiry. If you need further assistance, do not hesitate to contact this Office. hief, Standards Development ce of Hazardous Materials Standards#

Page 2Dra keford, Carolyn (PHMSA) I From: INFOCNTR (PHMSA) Sent: Wednesday, August 19,2009 12:23 PM To: Drakeford. Carolyn (PHMSA) Cc: Scott, ~amikka CTR (PHMSA) Subject: FW: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications ----- Original Message----- From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Wednesday, August 19, 2009 11:54 AM To: PHMSA HM Infocenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications On July 18, 2009, I spoke with Tanikka in your Hazardous Materials Information Center regarding to the removal from the eCFR HMT of the proper shipping name "Nitric acid other than red fuming, with more than 70 percent nitric acid". There was a recent Federal Register notice removing a special provision from that PSN, but there is no indication that that PSN would be deleted. Tanikka advised me that that PSN was still valid and the eCFR was in error. Because the use of that PSN is importannt to our business, and continued use of the PSN when it is not on the eCFR could be interpreted as a violation, I request DOT provide a written confirmation that that PSN remains vaild. ----------- Name: Larry Stuhl Organization: Pacific Northwest National Laboratory Email: Larry.Stuhl@pnl.gov Address: 902 Battelle Blvd, PO Box 999, MSIN J2-25 City: Richland Zip Code: 99354 Phone: (509) 371-7863 FAX: (509) 371-7905#