Wercs Professional Services — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 JUL 2 4 2012 Mr. Kevin Skerrett Senior Regulatory Specialist Wercs Professional Services 23 British American Boulevard Latham, NY, 12110 Reference No.: 12-0108 Dear Mr. Skerrett: This is in response to your May 7, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining to the transportation by water ofUN3175, Solids containing flammable liquids, n.o.s. Your questions are answered as follows: Q 1. Are UN317 5 materials required to have the flash point appended to the shipping description? A1. No, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed (see § 172.012 Special Provision 47). The definition of flash point as provided in§ 173.120(c)(1) is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with the air near the surface of the liquid. Therefore, the HMR § 172.203(i)(2) requirement that for transportation by water, the minimum flash point must be entered on the shipping paper, applies only to liquids. If the material is appropriately classed as UN3175, Solids containing flammable liquids, n.o:s. it is assigned to Division 4.1, and the flash point does not apply. Q2. Is there a concern whether a ship's captain could require the flash point to be entered on the shipping paper even if it is not required by regulation, and if the flash point is appended to a UN3175 shipping description would that be a violation?#

Page 2A2. Section 172.201(a)(4) provides that a shipping paper may contain additional information concerning the material provided it is not inconsistent with the required description. Any such additional information appended to the shipping description, while not required, would not be considered a violation. !'trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. D1 Delmer Billings Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: 5~ fo I. c__,L-, ~ 172· lot 5 17 2.. Z 03 INFOCNTR (PHMSA) App I i CCt loa' J,·-h~ Monday, May 07, 2012 11:46 AM ,., _ O { O Drakeford, Carolyn (PHMSA) ~ FW: UN3175 -Is FP needed in S.D.? Letter of interpretation needed Hi Carolyn, We received the following request for a letter of interpretation. Thanks, Victoria From: Kevin Skerrett [mailto:kevins@thewercs.com] Sent: Monday, May 07, 2012 11:40 AM To: INFOCNTR (PHMSA) Subject: UN3175- Is FP needed in S.D.? Letter of interpretation needed PHMSA Interpretation needed: 49CFR 172.203(i)(2) specifies that, for shipment by water, the shipping description on the shipping paper must have the following additional entity: "Minimum flashpoint if 60 oc (140 oF) or below (in oc closed cup (c.c.)) in association with the basic description ... " A similar requirement is made in IMDG (35-10) at 5.4.1.4.3.6. UN3175 is unique in allowing, as a "solid containing flammable liquids", a Class 3 material (inherently having a flashpoint) to be classified as Division 4.1. The wording in 172.203(i)(2) does not appear to exclude UN3175 from this requirement, since a flashpoint should exist for the contained liquid. QUESTION: When shipped by vessel: 1) 2) Are UN3175 materials required to have the flashpoint appended to the Shipping Description? There is a concern about whether a ship's captain could require the flashpoint be provided, even if not required by regulation. If the flashpoint was appended to a UN3175 shipping description, would that be a violation in any way? I can see the potential for causing confusion as to the classification of the material. We would not want to routinely provide this appendage (in an automated system) if it would be a violation. Thank you for your consideration of this matter. And thank you to Shane Kelley and Adam for their assistance with this question by phone today. Kevin Skerrett, Senior Regulatory Specialist WPS Cell: 518-229-7302 kevi nsriv.thewercs. com www. wercsprofessionalserviccs. com 1#