{"operation":"document","citation":"12-0128","title":"SGS North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-09-26","effective_on":null,"summary":"12-0128 response to SGS North America concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120128.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\nSEP 2 6 2012\nMr. Terry M. Thompson\nSGS North America\n8701 New Trails Drive, Suite 175\nThe Woodlands, TX 77381\nRef. No. 12-0128\nDear Mr. Thompson:\nThis responds to your June 4, 2012 letter requesting clarification of the small quantity\nexceptions under§ 173.4 ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Your understanding is that petroleum crude oil (UN1267) may be shipped under\nthe conditions outlined in § 173.4. Additionally, in your letter, you describe plans to\npackage an article (i.e., a pyncnometer) consisting of a metal cylinder that has a capacity of\n10 mL and will be used to transport the crude oil for research analysis. You request\nclarification ofthe meaning of\"prototype testing\" as used in§ 173.4(a)(6). Specifically,\nyou ask whether the packaging must be independently tested using your inner receptacles\nor whether you can use a commercially produced outer packaging already tested for loads\ngreater than 64 pounds.\nYour understanding of the eligibility of crude oil for the small quantity exceptions is\ncorrect. Class 3 (flammable liquid) material such as petroleum crude oil (UN 1267) may be\ntransported under the conditions of§ 173.4. The phrase \"prototype testing\" is not defined\nin the HMR. Its common meaning refers to an original model on which something is\npatterned; or a first full-scale and usually functional form of a new type or design of a\nconstruction. Finally, the completed package (as prepared for transportation) must be\ncapable of sustaining the testing in§ 173.4(a)(6). A successfully tested commercially\navailable packaging similar to your intended completed package that differs only in minor\nrespects may be used without undergoing further testing provided this difference would not\naffect its performance under requirements specified in§ l73.4(a)(6). For example, you\ncould switch out the inner metal receptacles of a successfully tested packaging with your\npyncnometers.\nI hope this information is helpful. If you have further questions, please contact this o±1ice.\nSincerely,\n~0~\nRobert Benedict\nChiet~ Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nI\\; f\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Sir/Madame:\nMy company performs analytical testing on crude petroleum and petroleum products. My division\nspecializes in analysis on upstream material, specifically crude oil that has been taken directly from a\nplatform/wellhead, or from a research experiment that simulates those types of conditions.\nWe have developed a specialized pyncnometer that for our analytical use that is a metal cylinder\ncontaining a floating piston with valves rated for 15,000 psi on each end. The volume of the cylinder is a\nnominallO mls, and the exact volume (to the nearest 0.001 ml) for each cylinder/valve assembly has been\ndetermined/calibrated for our analytical use. I have attached some drawings for your review.\nWe believe that the limited capacity of the cylinder allows us to take advantage of the small quantity\nexception described in 49CFR173.4. The principal products transported in this cylinder/pyncnometer will\nbe crude oil or reconstituted crude oil with similar physical and chemical properties (Vapor pressure,\ndensity, flammability). Crude Petroleum is defined in the Hazardous Materials Table as a Class 3\nmaterial, UN 1267. It is our understanding that crude petroleum can be shipped under the conditions\ndescribed in 49CFR173.4 Can you confirm that our interpretation is correct?\nIt is our intention to provide inner packaging for the cylinder/pyncnometer consisting of either a plastic or\nmetal container filled with enough absorbent to contain the expected 10 mls of crude petroleum contained\nin the cylinder/pyncnometer. Multiple inner packaging units can be placed in strong outside packaging.\nParagraph (a)(6) describes the physical tests that the strong outer packaging must pass. Can you define\n\"prototype testing\" as mentioned in (a)(6)? Will we have to have the packaging independently tested\nusing our inner containers or may we use commercial outer packaging that already has been tested for\nloads of 64 pounds or higher?\nThank you for your time and attention to this matter.\nTerry M. Thompson\nSGS North America\n8701 New Trails Drive Suite 175\nThe Woodlands, TX 773 81\n832-584-0325","truncated":false,"body_characters":4551}