{"operation":"document","citation":"11-0199","title":"Trimac Management Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-30","effective_on":null,"summary":"11-0199 response to Trimac Management Services concerning 171.22, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0199.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0199.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0199","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110199.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 3 0 2012\nMr. Len Comtois\nDirector HSSE and Regulatory Compliance\nTrimac Management Services\n151 Reverchon Ave. Suite 200\nPoint-Claite, Quebec, Canada\nH9P 1K1\nRef. No.: 11-0199\nDear Mr. Comtois:\nThis responds to your letter dated August 18, 2011, requesting guidance on the shipping description for\nanhydrous ammonia shipped in a cargo tank from Canada to the United States in accordance with the\nTransport Dangerous Goods (TDG) Regulations and the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). In your letter, you state that the third paragraph of a July 29, 2008 letter (08-0059)\nincorrectly infers that the shipping paper used for the transport of anhydrous ammonia from Canada to\nthe United States must adhere to the provisions of§ 172.102, Special Provision 13. You believe that\nsince a shipment of anhydrous ammonia from Canada to the United States is an international shipment,\nthe shipping papers must utilize the shipping description \"RQ, UN1005, Ammonia, Anhydrous, 2.3, (8),\nToxic Inhalation Hazard ZoneD\" appropriate for describing materials in international transportation.\nYou add that the HMR assign Special Provision 4 to this description.\nThe appropriate shipping description for a cargo tank of anhydrous ammonia transported from Canada to\nthe United States as described in your letter is \"RQ, UN1005, Ammonia, Anhydrous, 2.3, (8), Toxic\nInhalation Hazard Zone D.\" Special Provision 13 found in§ 172.102 applies when using the shipping\ndescription \"UN 1005. Ammonia, anhydrous, 2.2\" appropriate for domestic transportation. Special\nProvision 4 is assigned to the § 172.1 01 entry appropriate for international transportation and requires\nthe material to be described as a Toxic Inhalation Hazard, Zone D. In accordapce with § 171.22(b ),\nanhydrous ammonia ofiered for transportation or transported in conformance with the TDG regulations\nmust also conform to all applicable requirements of Subpart C of Part 171 of the HMR.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nir~~,,-.1'...__..\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAugust 18,2011\nCharles Betts Sent by Email: infocntr@dot.gov\nDirector Standards and Rulemaking Division\nUS DOT - Pipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nSubject: Request for formal letter of interpretation\nMr. Betts_;_\nPursuant to my discussion with Adam and Neil of your hazardous materials information\ncenter on August 1 ih -18111\n, I am writing this correspondence to ask for a letter of\ninterpretation and a retraction of a current letter 08-0059 available on your interpretation\nwebsite.\nSpecifically I am seeking clear guidance on the proper shipping description for\nAnhydrous Ammonia shipped in a cargo tank from Canada to the United States under the\nHazardous Materials Regulations (HMR; 49CFR§l71-180). The assumption is that the\ngoods are being shipped from Canada in compliance with the requirements of the\nTransportation of Dangerous Goods (TDG) regulations and we are looking for the\nclarification on the additional descriptions required under part § 1 71.22 and 171.23.\nCurrently the TDG regulations specifY that the shipping document must be prepared\naccording to Part 3.5 sub-section (1) (c) with the allowance of sub-section (7) meaning\nthat the following (2) two possible descriptive applies:\nAmmonia, Anhydrous or Anhydrous Ammonia, 2.3(8), UN1005 UN1005, Ammonia, Anhydrous or Anhydrous Ammonia, 2.3(8)\nor\nWhen the shipment is destined for the US, the conditions of 49CFR (PHMSA)\nSubchapter C- HMR part§ 171.12 apply. Specifically the code states:\na) Requirements for the use of the Transport Canada TOG Regulations. (1) A hazardous material transported\nfrom Canada to the United States, from the United States to Canada, or transiting the United States to Canada\nor a foreign destination may be offered for transportation or transported by motor carrier and rail in accordance\nwith the Transport Canada TOG Regulations (IBR, see §171.7) as authorized in §171.22, provided the\nrequirements in §§171.22 and §171.23, as applicable. and this section are met. ...... Except as otherwise\nprovided in this subpart and subpart C of this part, the requirements in parts 172, 173, and 178 of this\nsubchapter do not apply for a material transported in accordance with the Transport Canada TOG Regulations.\nParts § 171.23(b) sub-sections (5) (iii) and (1 0) (i) describes additional\nrequirements for specific materials transported under international standards and\nregulations. Specifically the code states:\nAll shipments offered for transportation or transported in the United States under the ICAO Technical\nInstructions, IMOG Code, Transport Canada TOG Regulations, or the IAEA Regulations (IBR, see § 171. 7) must\nconform to the requirements of this section, as applicable ....... 5) Hazardous substances. A material meeting\nthe definition of a hazardous substance as defined in §171.8, must conform to the shipping paper requirements\nin §172.203(c) of this subchapter and the marking requirements in §172.324 of this subchapter: ..... ; and (iii) The\n\n<<<PAGE 3>>>\n\nletters \"RQ\" must be entered on the shipping paper either before or after the basic description, and marked on\nthe package in association with the proper shipping name for each hazardous substance listed.\n1 0) Poisonous by inhalation materials. A material poisonous by inhalation (see §171.8) must conform to the\nfollowing requirements:(i) The words \"Poison-Inhalation Hazard\" or \"Toxic-Inhalation Hazard\" and the words\n\"Zone A,\" \"Zone B,\" \"Zone C,\" or \"Zone D\" for gases, or \"Zone A\" or \"Zone B\" for liquids, as appropriate, must be\nentered on the shipping paper immediately following the basic shipping description. The word \"Poison\" or\n\"Toxic\" or the phrase \"Poison-Inhalation Hazard\" or \"Toxic-Inhalation Hazard\" need not be repeated if it\notherwise appears in the shipping description;\nAs a result the proper shipping description for a shipment of Anhydrous\nAmmonia to the US should read:\nRQ, UN1005, Ammonia, Anhydrous or Anhydrous Ammonia, 2.3{8), Toxic Inhalation\nHazard Zone D\nThe insertion ofthe descriptive described in §172.203(h) (1) (i) is not technically\nrequired as it is not contained in the specific requirements of§ 171.23. However it\ncan be added provided it is at the end of the required legal description. As a result\nthe addition of \"0.2 percent water\" at the end of the above noted description is\nacceptable should your plant want to indicate the sustainability of QT steel tanks.\nIn an interpretation letter 08-0059 signed by Susan Gorsky on July 29, 2008\n(copy appended) the third paragraph of the letter infers that the shipping paper\nused for Canadian shipments to the United States of Anhydrous Ammonia must\nincorporate the special provision 13 contained in § 172.102 and ignore the\napplicability § 172.203(m).\nWe believe that this interpretation is incorrect as special provision 13 refers to the\n(D) entry in Row 1 of the hazardous materials table § 172.10 I. Since this move is\nnot a domestic one, special provision 13 does not apply. It is instead considered as\nan international shipment and as such the (I) entry in the hazardous materials table\nand special provision 4 applies.\nWe formally request that the letter of interpretation 08-0059 be amended to\nremove the reference of the third paragraph and a new one confirming the proper\nshipping description be produced\nWe are open to discussing this at your convenience.\nThank you for your cooperation in this matter.\n~\nLen Comtois\nDirector HSSE and Regulatory Compliance\nTrimac Management Services\n151 Reverchon Ave. Suite 200\nPointe-Claire, Quebec CANADA\nH9P 1K1\nlcomtois@trimac.com\n(514) 636-0545 ext 232 Office\n(514) 214-5174 Mobile","truncated":false,"body_characters":8016}