{"operation":"document","citation":"11-0169","title":"Duke Energy Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-12","effective_on":null,"summary":"11-0169 response to Duke Energy Corporation concerning 171.8, 173.115, 173.216.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0169-1bc0e73f5a.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0169-1bc0e73f5a.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0169-1bc0e73f5a","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110169.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 1 2 2011\nMr. Charles Denny\nDuke Energy Corporation\n526 South Church Street, EC13K\nCharlotte, NC 28202\nReference No.: 11-0169\nDear Mr. Denny:\nThis responds to your email requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the bulk and non-bulk packaging instructions\nfor asbestos. You note in your incoming letter that in the § 172.101 Hazardous Materials\nTable (HMT), the entry for \"Asbestos,\" NA2212 refers to packaging instructions specified\nin § 173.216 for non-bulk packaging requirements, and § 173.240 for bulk packaging\nrequirements. You also note that some of the packaging options specified in § 173.216 may\nbe considered bulk packagings. Your questions are paraphrased and addressed as follows:\nQ1. Are all packaging options specified in § 173.216 considered \"non-bulk\" packagings?\nAI. The answer is no. Although the entry for \"Asbestos,\" NA2212 specified in Column\n8B of the HMT suggests that § 173.216 contains only non-bulk packaging\nrequirements, some of the packaging options provided may meet the bulk packaging\ndefinition specified in § 171.8 and, therefore, be considered a bulk packaging for the\npurposes of transportation.\nQ2. If both \"non-bulk\" and \"bulk\" packaging options are provided in § 173.216, which of\nthe packaging options provided in this section are considered \"non-bulk\" and which\nare considered \"bulk\"?\nA2. As specified in § 171.8, a bulk packaging means a packaging, other than a vessel or a\nbarge, including a transport vehicle or freight container, in which hazardous\nmaterials are loaded with no intermediate form of containment. A Large Packaging\nin which hazardous materials are loaded with an intermediate form of containment,\nsuch as one or more articles or inner packagings, is also a bulk packaging.\nAdditionally, a bulk packaging has a maximum capacity greater than 450 L (119\ngallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882\npounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for\na solid; or a water capacity greater than 454 kg (1000 pounds) as a receptacle for a\n\n<<<PAGE 2>>>\n\ngas as defined in § 173.115 of the HMR. Packagings specified in § 173.216 that\nmeet this definition must be considered a bulk packaging.\n03. If only \"non-bulk\" packaging options are provided in § 173.216, is asbestos that is\noffered for transportation and transported in rigid, leak-tight packagings such as\nportable tanks, hopper-type rail cars, or hopper-type motor vehicles required to be\nlabeled with the class 9 label and marked with the proper shipping name and UN/NA\nnumber on the outside of the portable tank, hopper-type rail cars, or hopper-type\nmotor vehicles?\nA3. As stated above, § 173.216 identifies both bulk and non-bulk packagings. Rigid,\nleak-tight packages such as portable tanks, hopper-type rail cars, or hopper-type\nmotor vehicles meeting the definition of bulk packaging provided in § 171.8 must be\nconsidered bulk packaging for transportation purposes. The general labeling\nrequirements for both bulk and non-bulk packagings are specified in § 172.400.\nWe appreciate your bringing this issue to our attention. PHMSA will attempt to improve the\nclarity of this issue in a future rulemaking. I hope this satisfies your inquiry. Please contact\nus 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\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Tuesday, July 19, 20111:44 PM\nTo: Drakeford. Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions,\nHazardous Materials Communications\nHi Carolyn,\nWe received the following request for a letter of interpretation at the HMIC.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(292) 366-1935\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, July 18, 2911 2:94 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Hazardous Materials Table, Special Provisions,\nHazardous Materials Communications\nIn talking with the DOT helpline, it was recommended that I submit the following for a formal\ninterpretation. I am confused as to 49 CFR 173.216 being only reference as \"Non-Bulk\"\npackaging (Column 8B) and not also as \"Bulk\" packaging (Column 8C).\nPer HMR Table, Column 8B Non-Bulk Packaging instructions, individuals are to go 49 CFR\n173.216 for non-bulk packaging requirements. Per HMR Table, Column 8C Bulk Packaging\ninstructions, individuals are to go to 49 CFR 173.249 for bulk packaging requirements. Based\non this, one could assume that all packaging under 49 CFR 173.216 is considered ((Non-Bulk\",\nsince ((216\" is not listed in Column 8C for \"Bulk\" packaging.\nAre all packaging instructions provided in 49 CFR 173.216 considered \"Non-Bulk\" or are some\nof the packaging instructions in 49 CFR 173.216 \"Bulk\"? If some of the packaging\ninstructions under 49 CFR 173.216 is considered «Bulk\" packaging, shouldn't \"49 CFR 173.216\"\nbe referenced in Column 8C too?\nIf both ((Non-Bulk\" and «Bulk\" packaging is provided in 49 CFR 173.216, can you clarify which\nof the packaging options provided in this section is considered bulk and which is considered\nnon-bulk. This would help in determining how to properly mark and label the asbestos\npackages based on whether the packaging is considered \"Non-Bulk\" or \"Bulk\".\nIf only «Non-Bulk\" packaging is provided in 49 CFR 173.216, is asbestos that is offered for\ntransportation and transported in rigid, leak-tight packages, such as portable tanks, hoppertype\nrail cars, or hopper-type motor vehicles required to be labeled with Class 9 label and\nmarked with the Proper Shipping Name and UN/NA number for asbestos on the outside of the\nportable tanks, hopper-type rail cars or hopper-type motor vehicles?\nMy opinion is that you mean for some of the packaging requirements in 49 CFR 173.216 to be\nconsidered as \"Bulk\" packaging and marked accordingly, but need clarification as to DOT's\nintent. Your clarification on these questions is greatly appreciated.\n1\n\n<<<PAGE 4>>>\n\nName: Charles (Chuck) Denny\nOrganization: Duke Energy Corporation\nEmail: Chuck.Denny@duke-energy.com\nAddress: 526 South Church Street, EC13K\nCity: Charlotte\nZip Code: 28202\nPhone: 980-373-4947\nFAX: 704-382-6240\n2","truncated":false,"body_characters":6586}