{"operation":"document","citation":"09-0228","title":"Trinity Manufacturing, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-01-20","effective_on":null,"summary":"09-0228 response to Trinity Manufacturing, Inc. concerning 171.23, 173.227, 173.40.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0228.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0228.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0228","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090228.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave. S,E,\nWashington. D,C, 20590\nPipeline and Hazardous Material\nSafety Administration\nJAN 2 0 2010\nMs. Karen Messana\nEHS & Regulatory Compliance Manager\nTrinity Manufacturing, Inc.\n11 E.V. Hogan Drive\nHamlet, NC 28345\nRef. No. 09-0228\nDear Ms. Messana:\nThis responds to your letter regarding the use of requalified foreign cylinders for the\npackaging of toxic by inhalation liquids under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask whether cylinders manufactured in accordance\nwith the European ADR standard are permitted without further approval to package a\nDivision 6.1, Hazard Zone B liquid (Chloropicrin, UN1580) under §§ 173.40 and 173.227 of\nthe HMR once they are requalified in the United States as specified in § 171.23. Once\nsuccessfully retested and refilled, the cylinders would be exported to a destination outside the\nUnited States.\nThe answer to your question is no. The conditions for packaging materials toxic by inhalation\nunder international standards are specified in § 171.23(b )(10) which requires such materials to\nbe packaged in accordance with the HMR. Section 173.227(a) specifies that a Hazard Zone B\ntoxic liquid must be packaged in a seamless or welded DOT specification cylinder or a\nseamless UN standard cylinder conforming to § 173.40. Section 173.40 prescribes the\nspecific requirements for the packaging of toxic materials in cylinders.\n[trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nStevens Page 1 of2\n~ 111.2.3\nE:s 111·~Lf\nDrak~fo~~,~~ar~!~~P~M~~~~\".~_~\"_,\n____\",,.,~,~~,_~\" :Il1b~t_~\nFrom: Betts, Charles (PHMSA) D q ... 0ZL ~\nSent: Friday, October 02,200910:13 AM\nTo: Drakeford, Carolyn (PHMSA)\nCc: Gorsky, Susan (PHMSA); Kelley, Shane (PHMSA); Pfund, Duane (PHMSA)\nSubject: FW: Request for Regulation Clarification\nImportance: High\nFrom: Karen Messana [mailto:KMessana@trinitymfg.com]\nSent: Thu 10/1/20094:11 PM\nTo: Pfund, Duane (PHMSA)\nCc: Dell Gillespie\nSubject: Request for Regulation Clarification\nDuane,\nAs we discussed recently on the phone, I would like to get a clarification of the regulation regarding cylinder\npackaging for a PIH material that is transported under the IMDG Code. We are trying to make use of the\nregulation 171.23 (a)(4), which allows filling foreign cylinders in the USA for export under the IMDG code\nwithout seeking DOT approval.\nIn 171.23(a)(4) - It essentially states that an ADR specification cylinder may be filled with a gas in the United\nStates and offered for transportation and transported for export ifcertain conditions are met. These conditions\ninclude:\n(a)(4)(i) The cylinder has been requalified and marked with the month and year ofrequalification in\naccordance with ~J!lmart C of part 180 ofthis subchapter, or has been requalified as authorized by the\nAssociate Administrator.\n(a)(4)(ii) In addition to other requirements of this subchapter, the maximum filling density, service pressure,\nand pressure relief device for each cylinder conform to the requirements ofthis part for the gas involved; and\n(a)(4)(iii) The bill oflading or other shipping paper identifies the cylinder and includes the following\ncertification: \"This cylinder has (These cylinders have) been qualified, as required, and filled in accordance\nwith the DOT requirements for export.\"\nOur product is a liquid PIH (UN15 80 Chloropicrin, Zone B), and PIHs are further addressed in 171 (b)( 1 0) as\nfollows:\n(b) Conditions and requirements specific to certain materials-\nb)(l 0) Poisonous by inhalation materials. A material poisonous by inhalation (see .§l71JD must conform to the\nfollowing requirements:\n(b)( 1 O)(ii) The material must be packaged in accordance with the requirements of this subchapter;\nThis last statement is not clear as to what requirements are included and not included. Does it mean only the\nDOT requirements stated anywhere else in the regulations except in 171? Ifso, then I presume we would have to\nseek approval to fill PIH material in foreign cylinders for export. If the intent of(b)(lO)(ii) is to not allow PIHs to\n10/2/2009\n\n<<<PAGE 3>>>\n\nPage 2 of2\nbe filled in foreign cylinders for export without an approval, then it would be easier on the regulated community\nfor it to be more clear. Several private sector DOT specialists I have talked with believe s we can fill PIH in such\ncircumstances without an approval.\nI am aware that DOT specific rules outweigh general rules but it is not clear that this situation is a case of specific\nvs general, as this could be read as an exception to general and specific rules. In support of this, I offer:\nOne could read 1 71(a)(4) to mean that filling an ADR cylinder that has been tested and marked per DOT 171(a)\n(4)(i) is complying with the requirements ofthis subchapter since subchapter C includes Parts 171 through Parts\n180.\nIn 171(g) Additional requirements for the use ofinternational standards and regulations, it states:. All shipments\noffered for transportation or transported in the United States in accordance with this subpart must conform to the\nfollowing requirements ofthis subchapter, as applicable and includes:\n171 (g)( 5) For export shipments, the general packaging requirements in §_§In,:f± and In,:f4<1 ofthis subchapter;\nIn 173.24, General requirements for packagings and packages., it states:\n(c) Authorized packagings. A packaging is authorized for a hazardous material if: .....\n(c)(2) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of\nthis subchapter.\nSo the question is, do we need to seek approval to fill foreign cylinders with a PIH product for export or can we\nchoose not to seek approval as long as we comply with 171.23(a)(4) etc?\nThanks for your time in this matter. Please call me if any clarification is needed.\nKaren Messana, CSP\nTrinity Manufacturing, Inc.\nEHS & Regulatory Compliance Manager\n910-419-6566 direct\n910-995-0843 cell\n910-582-4433 fax\nThis e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which tihey are addressed,\nThis communication may contain material protected by the attomey-client privilege, If YOll are not the intended recipient or the person responsible for\ndelivering the a-mali to the intended recipient, be advised that you have received this e-maii inerrorandthatanyuse.clissemination. forwarding,\nprinting, or copying of ttlis e-mail is strictly prohibited. If you have received this e-mail in error, please reply back to sender advising that you have\nreceived the e-mail in error.\n10/2/2009","truncated":false,"body_characters":6795}