{"operation":"document","citation":"12-0082","title":"Silberline Manufacturing Co., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-21","effective_on":null,"summary":"12-0082 response to Silberline Manufacturing Co., Inc. concerning 171.2, 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120082.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n?ipeline and Hazardous\n',1aterials Safety\n\\dministration\n· :~00 New Jersey Avenue, :3E\nNashington, D.C. 20590\nJUN 2 1 2012\nMr. Tom Shober\nHealth, Safety and Environmental Manager\nSilberline Manufacturing Co., Inc.\n130 Lincoln Drive\nTamaqua, PA 18252\nReference No. 12-0082\nDear Mr. Shober:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR 171-180) applicable to tests methods found in the United\nNations (UN) Manual of Tests and Criteria for materials that are potentially readily-\ncombustible liquids. Your questions are paraphrased and answered below.\nQl. Does the HMR allow a material to be \"overclassified\"? Specifically, if the results of\nTest N.l: \"Test method for readily combustible solids,\" found in the UN Manual of\nTests and Criteria, show a material to be non-regulated, is it acceptable to ship it as a\nClass 4.1 dangerous good regardless? If not, what is the penalty for misclassification\nof the material on a per day basis?\nAl. In accordance with § 171.2( e), no person may offer or accept for transportation in\ncommerce a hazardous material that is not properly classified. A material that does\nnot meet the criteria for a Division 4.1 hazardous material may not be represented as\nsuch.\nEach person who performs the functions of an offeror (shipper), such as classification\nor preparing a hazardous material shipment for transportation in commerce, is\nresponsible for performing those functions in accordance with the HMR. The shipper\nis potentially subject to either the civil or criminal penalty provisions that may result\nfrom non-compliance with the HMR. Determinations of civil or criminal penalties are\nhandled on a case-by-case basis.\nQ2. Has the test methodology specified in Test N.l changed at all since its introduction\ninto the HMR (via HM-181 (Appendix E to Part 173 of the Federal Register of\n12/21/90 (55FR-52402))?\nA2. Other than very minor editorial changes made over time, it has not. For your\ninformation, Appendix E to Part 173 was removed and reserved in a final rule [HM-\n2158; 62 FR 24690], published in the Federal Register on May 6, 1997. This final\n\n<<<PAGE 2>>>\n\nrule required the classification of readily-combustible solids to be made in accordance\nwith Test N.l of Section 33 of the UN Manual of Tests and Criteria and was\nincorporated by reference in § 171.7 of the HMR.\nQ3. Is third party testing for status of a material for Division 4.1 materials required to\nproperly classify the material, or is self-determination via the administration of the test\nin-house sufficient for proper classification?\nA3. No, third-party (independent) testing of a readily-combustible solid is not required by\nthe HMR or the UN Model Regulations. Please note that 33.2.1.2.1 of the UN Manual\nof Tests and Criteria requires testing of substances unless it is impracticable (e.g.,\nphysical form) to perform the tests. Under such circumstances, substances or articles\nshould be classified by analogy with existing entries prior to being offered for\ntransportation.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\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:\nTo:\nSubject: Friday, March 02, 2012 12:07 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for a formal letter of interpretation\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(2e2) 366-1e35\nFrom: Shober, Tom [mailto:Shobert@silberline.com]\nSent: Friday, March 02, 2012 11:40 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for a formal letter of interpretation\nI'm interested in receiving a formal letter of interpretation for the following questions related to the classification of\nmaterials which are potentially readily combustible solids:\n• Is it legal to \"overclassify\" a material for transport? Specifically, if the results of Test N.1: \"Test method for\nreadily combustible solids\", found in the UN Manual of Tests and Criteria, show the material to be non-\nregulated, is it acceptable to ship it as a Class 4.1 dangerous good? If not, what is the penalty for\nmisclassification of the material on a per day basis?\n• Has the test methodology specified in Test N. changed at all since its introduction into the USDOT regulations in\nthe original requirements of HM181 (Appendix E to Part 173 ofthe Federal Register of 12/21/90 (55FR-52402))?\n• Is third party testing for status of a material with respect to Class 4.1 required to properly classify the material,\nor is self-determination via the administration of the test in-house sufficient for properly classifying it?\nThanks for your help in this matter.\nRespectfully,\n7'om Sfio6er\nHealth, Safety and Environmental Manager\nSilberline Manufacturing Co., Inc.\n130 Lincoln Drive\nTamaqua, P A 18252\n570-668-8381\nThis e-mail is intended only for the use of the party to which it is addressed and may\ncontain information that is privileged, confidential, or protected by law. If you are\nnot the intended recipient you are hereby notified that any dissemination, copying or\n1\n\n<<<PAGE 4>>>\n\ndistribution of this e-mail or its contents is strictly prohibited. If you have received\nthis message in error, please notify me immediately by replying to the message and\ndeleting it from your computer.\nThis e-mail is intended only for the use of the party to which it is addressed and may\ncontain information that is privileged, confidential, or protected by law. If you are\nnot the intended recipient you are hereby notified that any dissemination, copying or\ndistribution of this e-mail or its contents is strictly prohibited. If you have received\nthis message in error, please notify me immediately by replying to the message and\ndeleting it from your computer.\n2","truncated":false,"body_characters":6016}