{"operation":"document","citation":"12-0115","title":"Forrest Paint Company — 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":"12-0115 response to Forrest Paint Company concerning 172.101, 172.200, 172.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120115.pdf","body":"<<<PAGE 1>>>\n\n:J.S. Department\not Transportation\n.\"ipeline and Hazardous\n~ilaterials Safety\n.\\dministration\n:200 New Jersey Avenue. SE\n·.vashington. D.C. 20590\n; i \\! ) \\ •. t1 ~-1\n~·_;:~ hJ < ... vi-\nMr. Rich Nolan\nForrest Paint Company\n1011 McKinley\nEugene, Oregon 97402\nRef. No. 12-0115\nDear Mr. Nolan:\nThis responds to your May 10, 2012 request for clarification on shipping limited quantities\nunder the Hazardous Materials Regulations (HMR; 49 CFR 171-180). You ask for\nverification that you are properly describing and marking highway shipments of aerosols,\npaints, and alcohol based gel under the limited quantity provisions taking effect\nDecember 31, 2013. In addition, you ask if the ''LTD QTY\" designation may be used to\ndescribe the materials on a shipping paper.\nThe Hazardous Materials Table (HMT; § 172.10 l) provides packaging exceptions in\nColumn 8A. Provided the aerosol paints, alcohol based gels, and flammable paints comply\nwith the packaging exception specified in Column 8A of the HMT, and are transported by\nground, your understanding is correct. The marking specified in§ l72.315(a)( l) would be\nthe appropriate marking.\nIn accordance with § 172.200(a)(3), a limited quantity package shipped by ground is not\nrequired to have a shipping paper. While not required, the HMR does not prohibit a limited\nquantity package shipped by ground from being included on a shipping paper. It should be\nnoted that the practice of permissively including a hazardous material excepted from the\nshipping paper requirements on a shipping paper may lead to frustration of the shipment and\nis not recommended.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Regulations Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nBooth-e\n~ 112 # 202.\ns /]2. !01\nFrom:\nEckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA)\nSent:\nFriday, May 11, 2012 8:45AM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for a letter of interpretation\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nAndrew\nFrom: Rich Nolen [mailto:rnolen@forrestpaint.com]\nSent: Thursday, May 10, 2012 6:36 PM\nTo: INFOCNTR (PHMSA)\nCc: 'Rich Nolen'\nSubject: Request for a letter of interpretation\nREQUEST FOR A LETTER OF INTERPRETATION\nAfter December 31, 2013, the term consumer commodity orm-d, will no longer be used. Limited Quantity is the term that\nwill be used after that date.\nWe ship 12 cans of aerosol paint, in one case. We will be shipping these \"ground\" in trucks. I have been informed by the\n/ DOT that the only marking on the case will be a 4 inch by 4 inch limited quantity label, with no \"Y\" in the middle. Is this\ncorrect???\nI was also advised by the DOT that paper work, a \"bill of lading\" is not required. However, we will be offering shipments to\n;p trucking firms, and we will describe the shipment on a bill of lading as \"paint in aerosol cans, LTD QTY\". Is this correct???\nWe also ship flammable paint in one gallon cans \"ground\". Commonly we ship four one gallon cans per box. The only\n;!? mark on the outside of the box will be a 4 inch by 4 inch limited quantity label with no \"Y\" in the middle. Is this correct???\n/[The paper work, or bill of lading on this shipment will be described as \"paint in metal cans, LTD QTY\". Is this correct???\n7 Or would \"paint, LTD QTY\" be a better description.\nWe also ship a product we call \"firestarter\". It is an alcohol based gel, packaged in 4 ounce, 16 ounce, 24 ounce, and 32\nounce plastic bottles. The 4 ounce is packaged with 24 bottles per case, and the 16, 24, and 32 ounce are packaged 12\nbottles per case. These will also be shipping \"ground\". The mark on the outside of these cases will be a one 4 inch by 4\ninch limited quantity label, with no \"Y\" in the middle. Is this correct???\nThe paper work, or bill of lading for this shipment would read \"isopropanol gel in plastic bottles, LTD QTY\". Is this\ncorrect???\nEach of the above products, when we describe them on the bill of lading, we will enter the description in the \"non\nregulated\" part of the bill of lading, not the \"hazardous materials\" portion of the bill of lading. Is this correct???\nThank you very much!!\nRespectfully,\nRich Nolen\n1\n\n<<<PAGE 3>>>\n\nForrest Paint Company\n1011 Mckinley\nEugene, Oregon 97402\n(541) 342-1821 Ext 359\nrnolen@forrestpaint.com\n2","truncated":false,"body_characters":4445}