{"operation":"document","citation":"12-0117","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-09-11","effective_on":null,"summary":"12-0117 response to URS Corporation concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120117.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\nMs. Erin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nReference No. 12-0117\nDear Ms. Jarman:\nThis is in response to your May 16, 2012 letter and earlier telephone conversation with a\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) for determining the proper shipping name of Division 2.2 (non-\nflammable) gas reference standards (calibration gases). In the scenario you presented,\nvendors assign their gas standards generic proper shipping names, such as \"Compressed gas,\nn.o.s. (Nitrogen, Carbon monoxide- 30 ppm),\" mark these names on the cylinders that\ncontain the gases, and ship the cylinders to your company, which your company then\nreoffers in transportation. Specifically, you ask if your company may use the generic proper\nshipping names pre-marked on the cylinder when reoffering the material, or if it must\nreplace them with proper shipping names that comply with the provisions in newly revised\n§ 172.101(c)(10)(i) of the HMR. You state it is your understanding that this section requires\nyour company to use a proper shipping name that identifies the predominant material\nidentified in a mixture rather than a generic description.\nYou describe the gas standards as being comprised of 99 percent nitrogen or compressed air\nand trace amounts of other gases that contribute to the overall Division 2.2 classification, but\nnot to any additional hazard class. You also state the packaging used for these standards\ncomplies with the HMR, and for aircraft shipments, the applicable requirements of the\nInternational Civil Aviation Organization's (ICAO's) Technical Instructions for the Safe\nTransport of Dangerous Goods by Air (Technical Instructions).\nYour understanding is correct; the proper shipping name used for the gas standards and their\ncylinder markings must comply with newly revised§ 172.101(c)(10)(i). Effective January\n19, 2011, with a delayed compliance date of January 1, 2012, this section requires that a\nmixture or solution comprised of a single predominant hazardous material identified by\ntechnical name in the Hazardous Materials Table (§ 172.101 Table) and one or more\nhazardous and/or non-hazardous material must be described with the proper shipping name\nof the predominant hazardous material and the qualifying word \"mixture\" or \"solution,\" as\nappropriate (see Docket No. PHMSA-2009-0126 (HM-215K; 76 FR 3308)). The following\nare the exceptions to this requirement:\n\n<<<PAGE 2>>>\n\n(A) Except as provided in §172.101(i)(4) the packaging specified in Column 8 is\ninappropriate to the physical state of the material;\n(B) The shipping description indicates that the proper shipping name applies only to the\npure or technically pure hazardous material;\n(C) The hazard class, packing group, or subsidiary hazard of the mixture or solution is\ndifferent from that specified for the entry;\n(D) There is a significant change in the measures to be taken in emergencies;\n(E) The material is identified by special provision in Column 7 of the §172.101 Table as\na material poisonous by inhalation; however, it no longer meets the definition of\npoisonous by inhalation or it falls within a different hazard zone than that specified\nin the special provision; or\n(F) The material can be appropriately described by a shipping name that describes its\nintended application, such as \"Coating solution,\" \"Extracts, flavoring\" or\n\"Compound, cleaning liquid.\"\nIf the gas standards you describe meet any one of these exceptions, the generic proper\nshipping name the vendor supplied may continue to be used, provided it accurately describes\nthe hazardous material in the cylinder.\nYou also state vendors do not want the markings of the pre-marked gas standard cylinders\nthey supply to be removed, obliterated, or changed by anyone re-offering their products in\ntransportation. In addition, you state your company prefers to continue to use the generic\nproper name and to not cover up where it is marked on the cylinder. You ask if these\ngeneric markings must be covered or otherwise obscured and replaced with more specific\nnames, such as \"Nitrogen, compressed mixture.\" The answer is yes.\nI hope this satisfies your request.\nSincerely,\n~~~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\n'!\ni\nMay 16,2012\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Betts:\nI am writing to you with regards to the shipment of gas reference standards (calibration gases) that\nare purchased from various vendors. Recently there have been questions from industry as well as\nenforcement personnel surrounding shipments consisting of99 percent nitrogen or compressed air\nwith trace amounts of other gases. The trace gases contribute to the overall Division 2.2\nclassification, however they do not contribute any additional hazards (hazard classes) to the mixture.\nBased on language found in the January 19, 2011 Final Rule (76 FR 3320), \"a mixture or solution of\na single predominant hazardous material containing only traces of one or more additional hazards\nlisted by name in the hazardous materials table or additional nonhazardous constituents must be\nassigned the UN number and proper shipping name of the predominant material contributing to the\noverall hazard classification of the mixture or solution\". Under this Final Rule we are aware that a\nproper shipping name such as \"Nitrogen, compressed, mixture\" should be used rather than a generic\nn.o.s. description. However, many vendors ship these mixtures under generic proper shipping names\nsuch as \"Compressed gas, n.o.s. (Nitrogen, Carbon Monoxide- 30ppm)\". This method facilitates\neasy identification of the specific type of calibration gas.\nIn instances where cylinders are shipped from vendors pre marked with generic proper shipping\nnames, similar to the one referenced above, we would prefer when reoffering the cylinders to not\nhave to cover up the pre marked proper shipping name marking that the vendors have applied and in\nturn have to apply a new proper shipping name. Often vendors do not want the marking they have\napplied to the cylinder to be removed, obliterated, or changed. Regardless of the proper shipping\nname we use for the compressed gas, the packaging requirements under 49 CFR would be\nidentical and in the case of air shipments, the same ICAO Packing Instruction would still\napply.\nIs it acceptable to continue using the generic proper shipping name assigned by the vendor so that\nwe do not have to obliterate the pre marked vendor markings and replace them with new markings?\nThank you in advance for your assistance. I look forward to your response.\nSincerely,\n-t'. •ll) ~\n1.../~, .... u ~\nErin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nTel: 919-461-1478\nErin.Jarman@urs.com","truncated":false,"body_characters":7193}