{"operation":"document","citation":"12-0215","title":"Hazardous Materials Specialist — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-12-05","effective_on":null,"summary":"12-0215 response to Hazardous Materials Specialist concerning 171.8, 172.200.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0215.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0215.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0215","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120215.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nDEC 0 5 2012\nMr. Tom Forbes\nHazardous Materials Specialist\nPublic Utility Commission of Ohio\nTransportation Department\n180 East Broad Street, Suite 436\nColumbus, OH, 43215\nReference No.: 12-0215\nDear Mr. Forbes:\nThis is in response to your September 26, 2012 e-mail to the Hazardous Materials\nInformation Center requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). You present two scenarios pertaining to the transportation of\ncalcium hypochlorite.\nUN2880, calcium hypochlorite, hydrated, 5.1, PG II is packaged in a 5-gallon, white\nplastic pail and is transported by highway in an open body, stake bed truck with no top.\nSpecial provision 165 applies to this material and provides that during the course of\ntransportation these substances must be shaded from direct sunlight and all sources of heat\nand be placed in adequately ventilated areas:\nQl. If the described pail is UV resistant is the material considered shaded from direct\nsunlight?\nAl. No. As provided in § 171.8, the definition of transportation is the movement of\nproperty and loading, unloading, or storage incident to that movement. The language\nprovided in special provision 165, \"During the course of transportation,\" implies that the\nmaterial is already packaged and in the process of being transported. During\ntransportation, special provision 165 requires the additional protection of shading the\nsubstance from direct sunlight. The package or packaging does not provide this additional\nprotection.\nQ2. Does the color or type of packaging change the answer?\nA2. No. See Al.\nQ3. If the pails are part of a combination package where there is an outside packaging, are\nthe inside packagings considered shaded?\nA3. No. See Al.\n\n<<<PAGE 2>>>\n\nCalcium hypochlorite is transported in a package containing 24, 1-pound pouches for\nswimming pool treatment that has been reclassed as ORM-D or being shipped as a limited\nquantity. Each package exceeds the reportable quantity (RO) for calcium hypochlorite and\nthe material meets the definition of hazardous substance:\n04. If the material is offered as an ORM-D, is a shipping paper required for highway\ntransportation?\nA4. Yes. The § 172.200(b )(3) exception to the shipping paper requirement does not apply\nto a material that meets the definition of a hazardous substance.\n05. If the material is offered as a limited quantity, is a shipping paper required for\nhighway transportation?\nAS. Yes. See A4.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nsl/1· . ;A, ,\nDelmer Bil~ ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~b .tcf1\n~ I 12. I D 2 6 P I too\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nWednesday, September 26, 2012 2:31 PM\nDrakeford, Carolyn (PHMSA)\nFW: HM Clarification\nDSCN6735.JPG\n~ 173 ' 30(p\nLim,'f-ed Qu cudi!J\nlZ- 0 216\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Forbes, Tom [mailto:Tom.Forbes@puc.state.oh.us]\nSent: Wednesday, September 26, 2012 9:27 AM\nTo: PHMSA HM InfoCenter\nSubject: HM Clarification\nDear Sir or Madame:\nI am requesting a written interpretation/clarification on the transportation requirements under the Hazardous Materials\nRegulations (HMR 49 CFR Parts 171-180).\nA carrier is transporting Calcium Hypochlorite, hydrated, 5.1 UN2880, PG II in 1 - 5 gallon white pail. Special Provision 165\napplies to this move. The truck is an open body stake bed truck with no top (see Photo). Special provision 165 states in part\nthat during transportation these materials must be shaded from direct sunlight.\nQ-1 If the 5 gallon pail is UV resistant is the material considered shaded from direct sunlight? Does the color or type of package\nchange the answer?\nQ-2 If the pails are part of a combination packaging where they have a outside cardboard package with an inside package are\nthey then shaded?\nA Carrier is transporting 24 - 1 pound pouches of Calcium Hypochlorite for swimming pool treatment that has been reclassified\nas either a ORM-D or limited quantity by highway. The pouches are in a strong outer package as required. The total weight in\nthe combination package requires an RQ for Calcium Hypochlorite. Under 172.200 Applicability of shipping papers it states in\npart. This subpart does not apply to any material other than a hazardous substance, hazardous waste or marine pollutant that\nis-\n(3) a limited quantity package unless the material is offered or intended for transportation by air or vessel and, until December\n31 , 2013, a package of OR M-D material authorized by this subchapter in effect on October 1, 2010 when offered for\ntransportation by highway or rail.\nQ-3 If the material is offered as an ORM-D prior to December 31 , 2013, does it require a shipping paper during highway\ntransportation since it meets the definition of hazardous substance?\nQ-4 If the material is offered as an Limited Quantity after December 31 , 2013, does it require a shipping paper during highway\ntransportation since it meets the definition of hazardous substance?\nThank you for your assistance on this matter.\nTom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\n1\n\n<<<PAGE 4>>>\n\nHazardous Materails Specialist\n180 E Braod Street, Suite 436\nColumbus, OH 43215\n(614) 644-0296\nPUCO.ohio.gov\nllrl\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone\nwho requests it.\n2\n\n<<<PAGE 5>>>\n\n07.18. 2012\n-600\n500\n-400\nOXIDIZER","truncated":false,"body_characters":5705}