{"operation":"document","citation":"11-0090","title":"Hazmat Compliance & Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-03","effective_on":null,"summary":"11-0090 response to Hazmat Compliance & Transportation concerning 173.167.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0090.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0090.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0090","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110090.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 0 3 2012\nMr. Kevin Gannon\nManager\nHazmat Compliance & Transportation\nA von Products, Inc.\n1 Avon Plaza\nRye, NY 10580\nRef. No. 11-0090\nDear Mr. Gannon:\nThis responds to your letter requesting clarification of various regulatory requirements for\nconsumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR\nParts171-180) as amended in a final rule published on January 19,2011 [76 FR 3308] under\nDocket No. PHMSA-2009-0126 (HM-215K). Specifically, you ask under which conditions\na package prepared for transportation by aircraft in accordance with§ 173.167 of the HMR\nmust conform to be transported by highway. I apologize for the delay in responding and any\ninconvenience it may have caused. Your questions are paraphrased and answered as\nfollows:\nQl. Al. Q2. A2. Our company's products are prepared for air transportation in accordance with\nPacking Instruction Y963 of the International Civil Aviation Organization's\nTechnical Instructions (ICAO Technical Instructions) for the Safe Transport of\nDangerous Goods by Air, marked with the \"Y\" limited quantity mark, labeled \"Class\n9,\" and described on a shipping paper as \"ID 8000, Consumer commodity, 9.\" For\nhighway transportation, is the \"Y\" mark required or may we instead use the new\nlimited quantity mark authorized for surface transportation?\nFor surface transportation, either mark is authorized.\nFor transportation by aircraft, are we required to indicate \"Limited Quantity\" on the\nshipping paper?\nYes, this indication is required by the HMR. However, it is not required if the\nshipping paper is prepared in accordance with the ICAO Technical Instructions as\nauthorized by the HMR.\nUnder the ICAO Technical Instructions, because the packing instruction is a required\nentry on the transport document, and limited quantity packing instructions are readily\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. identified by the prefix \"Y,\" the requirement to indicate \"limited quantity\" on the\ntransport document was considered redundant and was subsequently removed.\nHowever, because the HMR do not prescribe \"Y\" packing instructions for limited\nquantity packages offered for transportation by aircraft, the requirement to indicate\n\"Limited Quantity\" on a shipping paper remains in place.\nDo the general packaging requirements of§ 173.24 of the HMR apply to limited\nquantity consumer commodity shipments prepared for air transportation in\naccordance with\n§§ 173.27(1)(3) and 173.167?\nThe answer is no. The requirements for consumer commodities (ID 8000) are meant\nto be stand-alone provisions as they are in the ICAO Technical Instructions. We\nintend to clarify this issue in a future rulemaking.\nCurrently, the Emergency Response Guidebook (ERG) references Guide Number\n171 for consumer commodities involved in a transportation incident. Will Guide\nNumber 171 be applicable to ID8000 consumer commodity articles and substances,\nas well?\nThe answer is yes. For your information, the current 2008 ERG refers all consumer\ncommodities (including ID8000) to Guide Number 171.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster .\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAVON\nthe company for women\n,......\n' c\nKEVIN GANNON\nMANAGER\nHAZMAT COMPLIANCE &\nTRANSPORTATION\n1 AVON PLAZA\nRYE, NY 10580\n914·935·2029\nApril 6, 2011\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE. 2\"d Floor\nWashington, DC 20590-0001\nMr. Michael Stevens or Mr .. Shane Kelley,\nAvon Products Inc. is a manufacturer and shipper of Consumer Commodities ORM-D and ORM-D-AIR.\nReviewing the Federal Register Vol. 76 No. 12 from Wednesday January 19, 2011 ( HM 215- K ), the\nhazard class which our products fall under is going away at the beginning of January 1, 2014, as a\nresult of the harmonization with the United Nations Recommendations.,\nA transition is now taking place for Air shipping which will enable the shipper to be ready and have\nthere processes for compliance to the new ruling by January 1, 2013.\nOur Air shipments are now align with the ICAOIIATA regulations ID8000, Consumer Commodities,\nClass 9, PI Y963. along with the labeling requirements. Training along with a ( SOP ) Standard\nOperation Procedure and has been rolled out within our organization ..\nThe ground \"Limited Quantities\" I need clarification on. Will our cartons I packages need to be\nidentified with the \"Y\" Limited Quantity labels. Will our documentation need to identify the shipment\nas a Limited Quantity, and does the 173.24 General requirements for packaging(s) and packages still\napply or will there be additional requirements needed. The ERG, I'm assuming will still remain as 171.\nLooking forward to reviewing your reply.\nBe~\nv~","truncated":false,"body_characters":5009}