{"operation":"document","citation":"12-0108","title":"Wercs Professional Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-07-24","effective_on":null,"summary":"12-0108 response to Wercs Professional Services concerning 172.201, 173.120.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0108.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0108.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0108","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120108.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nJUL 2 4 2012\nMr. Kevin Skerrett\nSenior Regulatory Specialist\nWercs Professional Services\n23 British American Boulevard\nLatham, NY, 12110\nReference No.: 12-0108\nDear Mr. Skerrett:\nThis is in response to your May 7, 2012 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining\nto the transportation by water ofUN3175, Solids containing flammable liquids, n.o.s. Your\nquestions are answered as follows:\nQ 1. Are UN317 5 materials required to have the flash point appended to the shipping\ndescription?\nA1. No, provided there is no free liquid visible at the time the material is loaded or at the\ntime the packaging or transport unit is closed (see § 172.012 Special Provision 47). The\ndefinition of flash point as provided in§ 173.120(c)(1) is the minimum temperature at which\na liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable\nmixture with the air near the surface of the liquid. Therefore, the HMR § 172.203(i)(2)\nrequirement that for transportation by water, the minimum flash point must be entered on the\nshipping paper, applies only to liquids. If the material is appropriately classed as UN3175,\nSolids containing flammable liquids, n.o:s. it is assigned to Division 4.1, and the flash point\ndoes not apply.\nQ2. Is there a concern whether a ship's captain could require the flash point to be entered on\nthe shipping paper even if it is not required by regulation, and if the flash point is appended\nto a UN3175 shipping description would that be a violation?\n\n<<<PAGE 2>>>\n\nA2. Section 172.201(a)(4) provides that a shipping paper may contain additional\ninformation concerning the material provided it is not inconsistent with the required\ndescription. Any such additional information appended to the shipping description, while\nnot required, would not be considered a violation.\n!'trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nD1\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA) From:\nSent:\nTo:\nSubject: 5~ fo I. c__,L-,\n~ 172· lot\n5 17 2.. Z 03\nINFOCNTR (PHMSA) App I i CCt loa' J,·-h~\nMonday, May 07, 2012 11:46 AM ,., _ O { O\nDrakeford, Carolyn (PHMSA) ~\nFW: UN3175 -Is FP needed in S.D.? Letter of interpretation needed\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nFrom: Kevin Skerrett [mailto:kevins@thewercs.com]\nSent: Monday, May 07, 2012 11:40 AM\nTo: INFOCNTR (PHMSA)\nSubject: UN3175- Is FP needed in S.D.? Letter of interpretation needed\nPHMSA Interpretation needed:\n49CFR 172.203(i)(2) specifies that, for shipment by water, the shipping description on the shipping paper must have the\nfollowing additional entity:\n\"Minimum flashpoint if 60 oc (140 oF) or below (in oc closed cup (c.c.)) in association with the basic description ... \"\nA similar requirement is made in IMDG (35-10) at 5.4.1.4.3.6.\nUN3175 is unique in allowing, as a \"solid containing flammable liquids\", a Class 3 material (inherently having a\nflashpoint) to be classified as Division 4.1.\nThe wording in 172.203(i)(2) does not appear to exclude UN3175 from this requirement, since a flashpoint should exist\nfor the contained liquid.\nQUESTION: When shipped by vessel:\n1) 2) Are UN3175 materials required to have the flashpoint appended to the Shipping Description?\nThere is a concern about whether a ship's captain could require the flashpoint be provided, even if not required\nby regulation. If the flashpoint was appended to a UN3175 shipping description, would that be a violation in any\nway? I can see the potential for causing confusion as to the classification of the material. We would not want to\nroutinely provide this appendage (in an automated system) if it would be a violation.\nThank you for your consideration of this matter.\nAnd thank you to Shane Kelley and Adam for their assistance with this question by phone today.\nKevin Skerrett, Senior Regulatory Specialist\nWPS\nCell: 518-229-7302\nkevi nsriv.thewercs. com\nwww. wercsprofessionalserviccs. com\n1","truncated":false,"body_characters":4281}