Guidanceguidance
11-0197
Air Products & Chemicals, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 11200 New Jersey Ave" SE U.S. Department Washington, DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration DEC; 7 Mr. Joe DiGirolamo Dangerous Goods Specialist Air Products & Chemicals, Inc. 7201 Hamilton Blvd. Allentown, P A 18195 Ref. No.: 11-0197 Dear Mr. DiGirolamo: This responds to your August 15,2011 email seeking clarification ofthe placarding requirements ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask what markings and placards are required for certain shipments ofmaterials that are poisonous by inhalation that are loaded at one facility and prepared in accordance with the International Maritime Dangerous Goods (IMDG) Code and DOT SP-7835. You provided two examples of common shipments, which I have paraphrased in the following two scenarios: Scenario 1: What are the marking and placarding requirements for a motor vehicle containing 3,000 pounds of a Division 2.3, PIH Hazard Zone A material with a subsidiary Division 2.1 hazard; 8,000 pounds of a Division 6.1, PIH Hazard Zone B material with a subsidiary Class 8 hazard; and 500 ' pounds of a Class 8 material with a subsidiary Class 6.1, PIH Hazard Zone B hazard? You indicated that under the IMDG Code, the Class 8 material does not have a subsidiary hazard. Scenario 2: What are the marking and placarding requirements for a motor vehicle containing 1,000 pounds ofa Division 2.3, PIH Hazard Zone A material with a subsidiary Division 2.1 hazard; 3,000 pounds ofa Division 6.1, PIH Hazard Zone B material with a subsidiary Class 8 hazard; and 500 pounds ofa Class 8 material with a subsidiary Class 6.1, PIH Hazard Zone B hazard? You indicated that under the IMDG Code, the Class 8 material does not have a subsidiary hazard. Section 171.23(b)( 1 O)(iv)(A) specifies the marking, labeling, and placarding requirements for materials poisonous by inhalation transported in accordance with the IMDG Code in a closed transport vehicle or freight container. The section states that a label or placard conforming to the IMDG Code specifications for a "Class 2.3" or "Class 6.1" label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard, as appropriate. It further states that a freight container must be marked with the ID number, regardless ofthe total#
Page 2quantity in the freight container, as specified in § 172.313( c) and placarded as required by subpart F of part 172 ofthe HMR. With respect to placarding in both scenarios, the transport vehicle or freight container must be placarded with the POISON GAS, FLAMABLE GAS, POISON INHALATION HAZARD and CORROSIVE placards in accordance with subpart F ofpart 172. However, a "Class 2.3" or "Class 6.1" placard may be substituted for the POISON GAS or POISON INHALATION HAZARD placard, as appropriate. Also, for domestic transportation, it should be noted, in accordance with §172.504(f)(8), a POISON INHALATION HAZARD placard is not required on a transport vehicle or freight container that is already placarded with a POISON GAS placard. With respect to marking for non-bulk packagings, § 171.23(b )(1 O)(iv)(A) requires that the transport vehicle or freight container in both scenarios must be marked on each side and each end as stated in § 172.332 or § 172.336, with the identification number specified for the hazardous material in the § 172.1 0 1 table for all three hazardous materials in the shipment, despite the provisions and limitations stated in § 172.3 13(c). I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#
Page 3Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Wednesday, August 17, 2011 4:23 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Hazmat Information Center Feedback: General Information, Regulations, and Definitions (Sections 171.1 – 171.26) Hi Carolyn} Ms. Sandler requested the following e-mail be submitted as a formal letter of interpretation in her 8/17/11 phone call with the Info Center. Thanks, Victoria -----Original Message----From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Monday, August 1S} 2e11 3:22 PM To: PHMSA HM InfoCenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: General Information, Regulations, and Definitions (Sections 171.1 – 171.26) To whom it may concern. RE: 49CFR 171.23 & 172.313 Air Products and Chemicals} Inc ships several combinations of PIH substances. It is common for us to ship similar loads via road domestically and also as a preliminary road leg for an ocean shipment. Our practice is to prepare ocean shipments in accordance with the IMDG code as outlined in 49CFR part 171 subpart C. We have encountered numerous occasions where there is confusion and disagreement over the marking and placarding requirements of the transport vehicle or freight container. Our shipments may include a combination of PIH gases and liquids. Domestic shipments of these combinations are transported under the terms and conditions of DOT SP-783S. These consignments would be loaded at one facility and shipped in closed freight containers. Two examples of common shipments are outlined below. Load A • 3}eee lbs Division 2.3 (2.1) PIH Hazard Zone A / One UN number • 8}eee lbs Division 6.1 (8) PIH Hazard Zone B / One UN number • see lbs Class 8 (6.1) PIH Hazard Zone B / One UN number ɨe7; Note: Material 3 has no subrisk per IMDG Load B • 1eee lbs Division 2.3 (2.1) PIH Hazard Zone A / Two UN numbers o One UN number 8ee lbs} the other 2ee lbs • 3eee lbs Division 6.1 (8) PIH Hazard Zone B / Two UN numbers o One UN number 2eee lbs, the other 1eee lbs • see lbs Class 8 (6.1) PIH Hazard Zone B / One UN number ɨe7; Note: Material 3 has no subrisk per IMDG We respectfully request PHMSA's input and guidance on the minimum marking and placarding requirements for each of these scenarios, both domestic road and preliminary road for ocean shipment. Most Sincerely 1#
Page 4Air Products &Chemicals Inc. Name: Hope Sandler Organization: Air Products & Chemicals Inc Email: Sandleh@airproducts.com Address: 7201 Hamilton Blvd City: Allentown Zip Code: 18195 Phone: 610 481 7713 2#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.