# Railroad Regulatory Safety Services — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0181
- **title:** Railroad Regulatory Safety Services — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2012-12-11
- **effective on:** Not available
- **summary:** 12-0181 response to Railroad Regulatory Safety Services concerning 172.101, 173.22.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120181.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue SE
Wash1ngton. DC 20590
DEC 112012
Mr. Raymond Kasey
Railroad Regulatory Safety Services
7500 Masonville Drive
Falls Church, VA 22042-3520
Ref. No.: 12-0181
Dear Mr. Kasey:
This responds to your August 1, 2012 letter requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the proper
classification of a marine pollutant, in addition to carrier verification requirements.
In your letter, you state that your client, a class one and three railroad carrier, recently
accepted a shipping paper for a bulk package identified as "p-Dodecylphenol" with no
other description listed on the shipping paper. As an attachment, you provide a material
safety data sheet (MSDS) for a product called "Lubrizol 9222R" which lists its hazardous
ingredient as "p-Dodecylphenol, CAS No. 74499-35-7, Percentage (by wt.) from 1 to 4.9
percent." You further indicate that Dodecylphenol is listed in Appendix B to§ 172.101
with a "PP" identifying the material as a severe marine pollutant. Your questions are
paraphrased and answered below.
01: You ask whether "Lubrizol9222R," according to the attached MSDS, meets the
definition of a (severe) marine pollutant? Additionally, you ask if a material is
considered a listed marine pollutant if the technical name of the material does not
specifically appear in the table of marine pollutants(§ 172.101, Appendix B) but a
synonym does?
A1: In accordance with § 173.22, it is the shipper's responsibility to properly classify and
describe a hazardous material. This Office does not perform that function. Under the
HMR, a material is considered a listed marine pollutant if either its technical name or
a synonym appears in the table of marine pollutants. Furthermore, if the listed
marine pollutant is in a mixture or solution, the shipper should consult the definition
of a marine pollutant in § 171.8. In order to be considered a marine pollutant, the
listed substance must be in a concentration of ten percent by weight, or if a severe
marine pollutant, be in a concentration of one percent by weight.

<<<PAGE 2>>>

02: A2: 03: A3: Therefore, if: (1) p-Dodecylphenol is a synonym to Dodecylphenol; and (2) the
concentration of Dodecylphenol in the solution is at least one percent by weight, then
the answer would be yes and "Lubrizol 9222R" would appear to be a marine
pollutant. However, as stated above, it is the shipper's responsibility to properly
classify and describe a hazardous material.
You ask what is the required shipping name when a product shipped under a trade
name is offered for transportation and contains the chemical p-Dodecylphenol in a
bulk package at or above the concentration specified in Appendix B of the Hazardous
Materials Table (HMT)?
Please note that marine pollutants listed in Appendix B are not necessarily listed by
name in the§ 172.101 HMT. If a marine pollutant not listed by name or by synonym
in the § 172.101 HMT meets the definition of any hazard Class 1 through 8, you must
determine the class and division of the material in accordance with§ 173.2a of the
HMR. Furthermore, you must also select the most appropriate hazardous material
description and proper shipping name.
If a marine pollutant not listed by name or by synonym in the § 172.101 HMT does
not meet the definition of any Class 1 through 8, you must offer it for transportation
under the most appropriate of the following two Class 9 entries: "Environmentally
hazardous substances, liquid, n.o.s.," UN3082, or "Environmentally hazardous
substances, solid, n.o.s." UN3077. In this specific case, it would appear that the
former (along with a technical name) is the appropriate proper shipping name.
You ask whether a carrier may rely on information provided by the manufacturer (or
previous offeror) and in good faith rely on that information when transporting those
hazardous materials?
The answer is yes. Although the HMR place primary responsibility on the shipper,
or "person who offers," to properly class and communicate the hazard of a hazardous
material, a carrier may be held responsible for non-compliance with applicable
requirements to the extent that the carrier knows, or should have known, that a
material offered for transportation is hazardous. A carrier may rely on information
provided by the shipper, unless the carrier knows, or a reasonable person, acting in
the circumstances and exercising reasonable care, would have knowledge that the
information provided is incorrect.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
-=-/r:#hv;(_/~
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 3>>>

3a.atlroab 3a.egulatorp ~afetp ~erbite~
7500 ;ifllasonbille ilBribe
jfalls QCburcb, )3trginia 22042-3520
m:elepbone 202-230-9563
or 703-560 -0229
August 1, 2012
Mr. Charles Betts,
Director, Standards and Rulemaking Division
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
Dear Mr. Betts:
I represent a class one and three railroad and need clarification concerning the obligations of
carriers when presented with a shipping paper listing a chemical that is not readily identifiable in
the hazardous materials table. Recently, carriers accepted a shipping paper for a bulk package
identified as p-dodecylphenol. There was no other description listed on the shipping paper
offered or accompanying the shipment. Neither "p" nor plain dodecylphenol is listed in the Haz
Mat Table in 49 CFR 172.101.
I have several questions as follows.
While it is incumbent on the shipper to know what the constituents are of the product being
shipped, would the requirement of 49 CFR 172.101(c)(14) apply to an "m" (mete:), "o" (ortho),
or "p" (para), preceding the chemical name exclude it from being a marine pollutant (MP) or
further include it as well if not listed in the Appendix B along with the MP chem cal?
My second question is, "when an offeror provides a carrier with a shipping descr ption that is not
readily identifiable as a regulated hazardous material, what obligation, if any, docs a carrier have
other than transport the bulk package from origin to destination?"
When I read further, however, I now find that according to Appendix B of the HMT,
dodecylphenol is listed as a severe marine pollutant in certain concentrations, though I reiterate
again that it is not listed in the HMT.
My third question is, "In the absence of an additional description on the shipping paper, which
list the concentration ofp-dodecylphenol, can I, as a carrier reasonably assume trat the bulk
package does not contain a marine pollutant and transport it in accordance with the description I
received from the offeror?"
My fourth question is, "When a product shipped under a trade name is offered fof transportation
and contains the chemical p-dodecylphenol in a bulk package at or above the concentration

<<<PAGE 4>>>

specified in Appendix B of the Hazardous Materials Table, what is the required proper shipping
name if any?"
I have enclosed the MSDS for this product for your edification of the specific product to which I
am referring. As you can see, the shipper offered an MSDS that indicates p-dodecylphenol as
being between 1 to 4.9% by weight ofthe product. You will also note in your reading that block
14 lists the product as non-regulated in all countries.
My fifth question concerns a carriers' good faith determination in assessing whether a product
offered by a shipper can always be accepted in good faith, just as offered, or does acceptance of
any material incur other obligations not listed in the HMR?
Your assistance in this matter is appreciated.
Sincerely,
/) J '
/lt'('•j J;'urj
Raymond Kasey
3 enclosures

<<<PAGE 5>>>

LUBRIZOL® 9222R
Material Safety Data Sheet
LUBRTZOL® 9222R
Prepared according to 29CFR 1910.1200.
Chemical Product and Company Identification
The Lubrizol Corporation
29400 Lakeland Boulevard
Wickliffe, Ohio 44092
Tel: (440) 943-4200
Product Trade Name
CAS Number
Synonyms
Generic Chemical Name
Product Type
Preparation/Revision Date
Transportation Emergency Phone
No.
MSDS No.
LUBRIZOL® 9222R
Not applicable for mixtures.
None.
Mixture.
Multipurpose.
25 May 2012
U.S.)
FOR TRANSPORT EMERGENCY call CHEMTREC: (+ 1) 703-527-3887 (outside the U.S.) 1-800-424-9300 (in the
31663020-3022415-4032271-102103
Appearance
Odor
Principal Hazards
Dark brown liquid.
Mild
Warning.
• Causes respiratory tract initation.
• Repeated swallowing of this material may cause adverse reprodnctive effects based on ani nal data.
• May canse eye irritation.
See Section 11 tor complete health hazard information.
Hazardous Ingredients
(N/E) -None established
4
Eyes
Skin
Inhalation
Oral
Additional Information
Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do Continue rinsing. If eye
initation persists, get medical attention.
Wash with soap and water. Get medical attention if irritation develops. Launder contaruinated clo d1ing before reuse.
Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a poison center or doctor.
DO NOT INDUCE VOMITING. Get innnediatc medical attention.
If exposed or concerned: Get medical attention.
Flash Point
Extinguishing Media
Firefighting Procedures
Unusual Fire & Explosion Hazards
164 oc, 327.2 op PMCC (Typical)
C02, dry chemical, or foam. Water can be used to cool and protect exposed material.
Recommend wearing self-contained breathing apparatus. Water may cause splattering.
See section I 0 for additional information.
Release Measures
Spill Procedures
Personal Protective Equipment must be worn, see Personal Protection Section for PPE recomme rdations. Ventilate area if
spilled in confined space or other poorly ventilated areas. Prevent entry into sewers and waterwa: 'S. Pick up free liquid for
Page I I 5

<<<PAGE 6>>>

LUBRIZOL® 9222R
7
Pumping Temperature
Maximum Handling Temperature
Handling Procedures
Maximum Storage Temperature
Storage Procedures
Maximum Loading Temperature
Exposure Limits
Other Exposure Limits
Engineering Controls
Gloves Procedures
Eye Protection
Respiratory Protection
Clothing Recommendation
Flash Point
Upper Flammable Limit
Lower Flammable Limit
Autoignition Point
Explosion Data
Vapor Pressure
pH
Specific Gravity
Bulk Density
Water Solubility
Percent Solid
Percent Volatile
Volatile Organic Compound
Vapor Density
Evaporation Rate
Odor
Appearance
Viscosity
Odor Threshold
Boiling Point
Pour Point Temperature
Melting I Freezing Point
Stability
Decomposition Temperature
recycle and/or disposal. Residual liquid can be absorbed on inert material.
and Storage
""''"·-··--··-··''······ •·························································
75 °C, 167 °F
85 °C, 185 °F
Keep containers closed when not in use. Avoid breathing dust, fume, gas, mist, vapors or spray. Jse only outdoors or in a
well-ventilated area. Wash thoroughly after handling. Launder contaminated clothing before reuse. Empty container contains
product residue which may exhibit hazards of product Dispose of packaging or containers in ace Jrdance with local,
regional, national and international regulations.
45 oc, 113 'F
Store locked up. See section 10 for incompatible materials.
Not determined.
Controls/Personal Protection
None established
Contains mineral oil. Under conditions which may generate mists, observe the OSHA PEL of 5 r rg per cubic meter, ACGIH
TWA of 5 mg per cubic meter.
Use local exhaust ventilation to control mists or vapors. Additional ventilation or exhaust may be 1 equired to maintain air
concentrations below recommended exposure limits.
Use nitrile or neoprene gloves.
Safety Glasses.
Use NIOSH/MSHA approved full face respirator with a combination organic vapor and high effie iency filter cartridge if the
recommended exposure limit is exceeded. Use seJfCcontained breathing apparatus for entry into confined space, for other
poorly ventilated areas and for large spill clean-up sites. Consult with an industrial hygienist to del ermine the appropriate
respiratory protection for your specific use ofthis materiaL A respiratory protection program com J!iant with all applicable
regulations must be loll owed whenever workplace conditions require the use of a respirator.
Gloves, coveralls, apron, boots as necessary to minimize contact Law1der contaminated clothing before reuse.
and Chemical Properties
164 'C, 327.2 °F PMCC (Typical)
Not determined.
Not determined.
Not dete1mined.
Material does not have explosive properties.
Not determined.
Not determined.
1.13 (15.6 °C)
9.42 Lblgal, I. I 3 Kg!L
Insoluble.
Not determined.
Not detemlincd.
Not determined.
Not dete1mined.
Not determined.
Mild
Dark brown liquid.
22565.2 Centipoise (20 oq
13553 Centipoise (25 oq
5000 Centistokes ( 40 aq
300 Centistokes (I 00 oq
50 Centipoise ( 169 'C)
Not determined.
Not dete1mined.
-9 °C, 16 °F
Not dcte1mined.
The above data are typical values and do not constitute a specification. Vapor pressure, lata are calculated
unless otherwise noted.
and Reactivity
Material is nmmally stable at moderately elevated temperatures and pressures.
Not determined.
Page 2 I 5

<<<PAGE 7>>>

LUBRIZOL® 9222R
Incompatibility
Polymerization
Thermal Decomposition
Conditions to Avoid
ll
Eye Irritation
Skin Irritation
Respiratory Irritation
Dermal Toxicity
Inhalation Toxicity
Oral Toxicity
Dermal Sensitization
Inhalation Sensitization
Oxidizing agents.
Will not occur.
Smoke. carbon monoxide, carbon dioxide, aldehydes and other products of incomplete combustion. Under combustion
conditions, oxides of the following elements will be formed: calcium, sulfur.
Not determined.
Chronic Toxicity
Carcinogenicity
Mutagenicity
Reproductive Toxicity
Teratogenicity
-ACUTE EXPOSURE-
May cause eye irritation. Does not meet Canadian D2B or EU R36 criteria. Based on data from < omponcnts or similar
materials.
Not expected to be a primary skin irritant. Based on data from components or similar materials.· 'rolonged or repeated skin
contact as from clothing wet with matetial may cause dermatitis. Symptoms may include redness, edema, drying, and
cracking of the skin.
Nose, throat and lung irritant. Based on data from components or similar materials.
The LD50 in rabbits is > 2000 mg/Kg. Based on data 1iom components or similar materials.
No data available to indicate product or components may be a toxic inhalation hazard.
The LD50 in rats is > I 0,000 mg/Kg. Based on data from components or similar materials.
No data available to indicate product or components may be a skin sensitizer.
No data available to indicate product or components may be respiratory sensitizers.
- CHRONIC EXPOSURE-
This product contains para-dodecylphenol. Rats given high, repeated daily doses ofpara-dodecy phenol by oral intubation
experienced effects on a number of organs including adrenal, thyroid, liver, ovary, testes, bone m mow and blood cell
formation. The relevance of these effects to humans is uncertain.
This product contains mineral oils which are considered to be severely refined and not considere<. to be carcinogenic under
!ARC. All of the oils in this product have been demonstrated to contain less than 3% extractable; by the IP 346 test.
No data available to indicate product or any components present at greater than 0.1% are mutag< ·nic or genotoxic.
This product contains para-dodecylphenol. Rats given high, repeated daily doses ofpara-dodecy phenol by oral intubation
experienced adverse reproductive effects. The relevance of these effects to humans is uncertain.
This product contains para-dodecylphenol. Pregnant rats given high, repeated daily doses of pan -dodccylphenol by oral
intubation gave birth to pups with cleft palate and skeletal malformations. The relevance of these' ffects to humans is
uncertain.
- ADDITIONAL INFORMATION-
Other
No other health hazards known.
12
Ecological Information
-ENVIRONMENTAL TOXICITY-
Freshwater Fish Toxicity Freshwater I nve1iebrates Toxicity The acute LC50 is> I 000 mg!L based on component data.
The acute EC50 is> I 000 mg!L based on component data. Chronic effects expected at< I mg/ ~based on component
data.
Algal Inhibition Not detetmined.
Saltwater Fish Toxicity Not determined.
Saltwater Invertebrates Toxicity Not detetmined.
Bacteria Toxicity The acute EC50 is I 00- I 000 ppm based on component data.
Miscellaneous Toxicity Not detetmined.
-ENVIRONMENTAL FATE-
Biodegradation Bioaccumulation
Soil Mobility
At least 25% of the components in this product show limited biodegradation based on OECD 30 !-type test data. At least
25% ofthe components in this product show moderate biodegradation based on OECD 302-tyr e test data.
25% or greater of the components display no potential to bioconcentrate.
Not determined.
Considerations
This material, if discarded, is not a hazardous waste under RCRA Regulation 40 CPR 261. Treat mcnt, storage,
transpm1ation, and disposal must be in accordance with applicable Federal, State/Provincial, and Local regulations.
Waste Disposal
14
ICAOIIATAI
ICAOIIATA II
Not regulated.
Not regulated.
Page 3 I 5

<<<PAGE 8>>>

LUBRIZOL® 9222R
IMDG
IMDG EMS Fire
IMDG EMS Spill
TMDGMFAG
MARPOL Annex II
USCG Compatibility
U.S. DOT Bulk
DOTNAERG
U.S. DOT (Intermediate)
U.S. DOT Intermediate NAERG
U.S. DOT Non-Bulk
U.S. DOT Non-Bulk NAERG
Canada
Mexico
Bulk Quantity
Intermediate Quantity
Non-Bulk Quantity
15
USA
Other TSCA Reg.
EU
Japan
Australia
New Zealand
Canada
Switzerland
Korea
Philippines
China
Taiwan
SARA Ext. Haz. Subst.
SARA Section 313
SARA 311 Classifications
CERCLA Hazardous Substances
Cal. Prop. 65
U.S. Fuel Registration
Finnish Registration Number
Swedish Registration Number
Norwegian Registration Number
Danish Registration Number
Swiss Registration Number
Italian Registration Number
Not regulated.
Not applicable.
Not applicable.
Not applicable.
Not determined.
Not determined.
Not regulated.
Not applicable.
Not regulated.
Not applicable.
Not regulated.
Not applicable.
Not regulated.
Not regulated.
85000 KG, 187391 lbs.
11000 KG, 24251 lbs.
400 KG, 882 lbs.
Review classification requirements before shipping materials at elevated temperatures.
Information
- Global Chemical Inventories -
All components of this material are on the US TSCA Inventory or are exempt.
None known.
All components are in compliance witlr the EC Seventh amendment Directive 92 /32/EEC.
All components are in compliance with the Chemical Substances Control Law of Japan.
All components are in compliance with chemical notification requirements in Australia.
All components are in compliance with chemical notification requirements in New Zealand.
All components are in compliance with the Canadian Environmental Protection Act and are preseot on the Domestic
Substances List.
All components arc in compliance with the Environmentally Hazardous Substances Ordinance in : ;witzcrland.
All components are in compliance in Korea.
All components are in compliance with the Philippines Toxic Substances and Hazardous and Nn :lear Wastes Control Act of
l 990 (R.A. 6969).
All components of this product are listed on dre Inventory of Existing Chemical Substances in China.
All components of this product are listed on dre Taiwan inventory.
- Other U.S. Federal Regulations-
This product does not contain greater than 1.0% of any chemical substance on the SARA Extren ely Hazardous Substances
list.
This product does not contain greater tlmn 1.0% (greater than 0.1% for carcinogenic substance) < f any chemical substances
listed under SARA Section 313.
None !mown.
- State Regulations -
This product contains the following chemical(s) !mown to the state ofCalifomia to cause cancer :mdlor birth defects based
on maximum impurity levels of components:< 0.01 ppm Ethyl benzene, CAS no. 100-41-4 < 0.(11 ppm Naphthalene, CAS
no. 91-20-3 < 0.5 ppm cadmium< 0.5 ppm arsenic< 0.5 ppm lead
- Product Registrations -
Not applicable.
Not Registered
Not Registered
Not Registered
Not Registered
Not Registered
Not Registered
- Other I International -
Page 4 15

<<<PAGE 9>>>

LUBRIZOL® 9222R
Miscellaneous Regulatory
Information
Not determined.
16
US NFPA Codes
HMIS Codes
Precautionary Labels
Warning.
• Causes respiratory tract irritation .
• Repeated swallowing of this material may cause adverse reproductive effects based on ani nal data.
• May cause eye initation.
Revision Indicators
Section: 12 Accumulation.
Section: I 2 Saltwater invertebrate toxicity.
Changed: 25 Ma { 2012
Changed: 25 Ma { 20 I 2
As the conditions or methods of use are beyond our conh·ol, we do not assume an}' re,,ponsibility and expre:t~.dy disclaim any liability for any use of this p 1·oduct. InfOrmation
contained herein i.~ believed to he true and accurate but all statements or suggestions are made without warranty, expressed or implied, regarding accur u:y of the information, the
hazards connected with the use of the material or the J'e!mlts to he obtained from the use thereof Compliance with all applicable federal, state, and local regulations remains the
responsibility of tire user.
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