{"operation":"document","citation":"13-0018","title":"Association of American Railroads — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-31","effective_on":null,"summary":"13-0018 response to Association of American Railroads concerning 172.202, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130018.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWash1ngton. DC 20590\nMAY 2 32013\nMr. Matthew Forister\nAssistant Director, Tank Car/Hazmat Safety\nAssociation of American Railroads\n425 Third Street, S.W., Suite 1000\nWashington, DC 20024\nReference No. 13-0018\nDear Mr. Forister:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the description of a hazardous\nmaterial on a shipping paper. Specifically, you ask whether the words \"non-odorized\" or\n\"not-odorized,\" as required by§ 172.203(p ), may be placed within the basic description, in\nassociation with the basic description, or both, when offering for transp01iation non-\nodorized liquefied petroleum gas (LPG). You reference a previous letter of interpretation,\nReference Number 12-0207, applicable to this scenario, and ask whether the words \"non-\nodorized\" or \"not-odorized\" may be placed anywhere in the basic description, including\nimmediately before the proper shipping name, and offered for transportation\ninternationally.\nOur response in letter of interpretation, Reference Number 12-0207, remains valid. As\nprescribed in§ 172.203(p), the word \"non-odorized\" or \"not-odorized\" must be included in\nassociation with the proper shipping description (i.e., basic description) on a shipping\npaper when non-odorized liquefied petroleum gas is offered for transportation. As you\ncorrectly point out in your letter, \"In association with refers to the placement of required\nadditional entries on the shipping paper. Usually placed after the complete description for\na hazardous material. May be in any format, as long as it is clearly part of the entry.\"\nExcept as provided otherwise in subpart C of part 1 72, the basic description specified in\n§ 172.202, paragraphs (a)(l), (2), (3), and (4), must be shown in sequence with no\nadditional information interspersed. Further, this requirement is consistent with\nrecognized international standards. Although international standards require that\nadditional required information be placed after the basic description on a transpoti\ndocument, unless specified otherwise, the HMR do not. Therefore, for domestic shipments\nof non-odorized LPG, it is permissible to place the words \"non-odorized\" or \"not-\nodorized\" in association with the basic description either before or after the basic\n\n<<<PAGE 2>>>\n\ndescription and not within it. For international shipments originating in the U.S., the\nwords \"non-odorized\" or \"not-odorized\" should follow the basic description and not be\nplaced within it.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nT. Gle1m Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nMr. Charles Betts, Division Director\nStandards and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Betts:\nAAR is in need of clarification of\"non-odorized\" or \"not-odorized\" (§ 172.203(p)) as discussed\nin a previous interpretation letter (12-0207). Specifically, the response to Question 1 regarding\nthe location of the word \"non-odorized\" and \"not-odorized\" in the basic description.\nThe first answer states that the word \"non-odorized\" or \"not-odorized\" must be included in\nassociation with the proper shipping description on a shipping paper when non-odorized LPG is\noffered for transportation. The second response states that in order to maintain harmonization\nwith international standards (e.g., International Maritime Dangerous Goods Code, International\nCivil Aviation Organization Technical Instructions, etc.), the word \"non-odorized\" or \"not-\nodorized\" is required to be provided in association with the proper shipping description and not\nimmediately preceding the proper shipping name, since international regulations do not permit\nadditional information to be interspersed among the four required elements of the basic\ndescription.\nPresently the 49 CFR 172.202(b) states: Except as provided in this subpart, the basic description\nspecified in paragraphs (a)(l), (2), (3), and (4) ofthis section must be shown in sequence with no\nadditional information interspersed. For example, \"UN27 44, Cyclobutyl chloroformate, 6.1, (8,\n3), PG II.\" The shipping description sequences in effect on December 31, 2006, may be used\nuntil January 1, 2013. Shipping descriptions for hazardous materials offered or intended for\ntransportation by rail that contain all the information required in this subpart and that are\nformatted and ordered in accordance with recognized electronic data interchange standards and,\nto the extent possible, in the order and manner required by this subpart are deemed to comply\nwith this paragraph.\nPresently the 49 CFR 172.203(p) states: Liquefied petroleum gas (LPG). The word \"non-\nodorized\" or \"not-odorized\" must be included in association with the proper shipping description\non a shipping paper when non-odorized liquefied petroleum gas is offered for transportation.\nThe key term used in the requirement is \"in association with\" the proper shipping description. I\nfound the following link in regard to PHMSA's definition of the term \"in-association-with\":\nIn-association-with: Refers to the placement of required additional entries on the shipping paper.\nUsually placed after the complete description for a hazardous material. May be any format, as\nlong as it is clearly part of the entry.\n\n<<<PAGE 4>>>\n\nWe want to ensure we are following the regulations correctly therefore can you please\nprovide answers to the following questions?\nQuestions:\n1. 2. 3. With all the information on this topic provided in this letter, is it true based on the\ninterpretation letter that in order to be in compliance with 49 CFR the term \"non-\nodorized\" or \"not-odorized\" cannot immediately precede the PSN?\nIf the answer to question 1 is true, then can the term \"non-odorized\" or \"not-odorized\" be\nplaced anywhere else in the basic description?\nIf the answer to question 1 is false, then can the term \"non-odorized\" or \"not-odorized\"\nprecede the PSN?\nThank you.\nMatthew Forister\nAssistant Director, Tank Car/Hazmat Safety\nAssociation of American Railroads\n425 Third Street, SW Suite 1000\nWashington, DC 20024\nPhone:202-639-2260\nEmail: mforister@aar.org\nCONFIDENTIALITY: This e-mail message is for the sole use of the intended recipient(s) and\nmay contain confidential and/or privileged information. Any unauthorized review, use,\ndisclosure or distribution of any kind is strictly prohibited. If you are not the intended recipient,\nplease contact the sender via reply e-mail and destroy all copies of the original message. Thank\nyou.\n\n<<<PAGE 5>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nDEC 0 3 2012\nMr. Raymond Kasey\nRailroad Regulatory Safety Services\n7500 Masonville Drive\nFalls Church, VA 22042-3520\nRef. No.: 12-0207\nDear Mr. Kasey:\nThis responds to your September 14, 2012letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to additional description\nrequirements for shipping papers. Your questions are paraphrased and answered below.\nQl: You ask where on the shipping paper must the word \"non-odorized\" or \"not-\nodorized\" be located when shipping liquefied petroleum gas (LPG)? You also ask\nwhether the word \"non-odorized\" or \"not-odorized\" must follow the basic\ndescription, or be immediately before or after the proper shipping name?\nAl: In accordance with§ 172.203(p), the word \"non-odorized\" or \"not-odorized\" must be\nincluded in association with the proper shipping description on a shipping paper\nwhen non-odorized LPG is offered for transportation.\nFurthermore, in order to maintain harmonization with international standards (e.g.,\nInternational Maritime Dangerous Goods Code, International Civil Aviation\nOrganization Technical Instructions, etc.), the word \"non-odorized'\" or ''not-\nodorized\" is required to be provided in association with the proper shipping\ndescription and not immediately preceding the proper shipping name, since\ninternational regulations do not permit additional information to be interspersed\namong the four required elements of the basic description.\nQ2: You ask whether LPG shipments that originate in the U.S. and terminate in Canada\nmust have the non-odorized notation? You also ask if Transport Canada will accept\nthe U.S. shipping paper reference?\nA2: The answer is yes, the word \"non-odorized\" or \"not-odorized\" must be included in\nassociation with the proper shipping description on a shipping paper when non-\nodorized LPG is offered for transportation. Further, there are no provisions in the\nHMR that prevent Transport Canada from accepting the additional description\nrequirements for shipping papers when non-odorized LPG is offered for\ntransportation.\n\n<<<PAGE 6>>>\n\nIn your letter, you also suggest that the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) revise the HMR to: (1) revise the generic use of the proper\nshipping name Liquefied Petroleum Gas to include the other products in the LPG family\nsuch as butane, isobutane, and propane, et. al.; and (2) develop one standard of where the\nextra descriptive information goes on a shipping paper in order to standardize shipping\npaper information across all modes of transport.\nWe appreciate your bringing these issues to our attention. PHMSA cannot make\nregulatory changes through a request for interpretation of the HMR. However, if you\nbelieve a rulemaking change is warranted, we invite you to file a petition for rulemaking in\naccordance with§ 106.95 including all information (see§ 106.100) needed to support your\npetition.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~r#~~-\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n---------- -\n-----~------\n\n<<<PAGE 7>>>\n\nN 1e-ke/f:>\nl\\atlroab l\\egulatorp ~afetp ~erbtte~ tg J 7 t., · 2 o 3\nwww.railroadregulatory~afetyser;ices.com ~ipp /n Cf ~a.iJe n;\n7500 ;ffll.a~onbtlle ~rtbe u a\njfall~ Ql:burcb, ~trginia 22042-3520 I~\n- 0 ;LO 7\nm:etepbone 202-230-9563\nor 703-560-0229\nSeptember 14, 2012\nStandards and Rulemaking Division, PHH-1 0\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590-0001\nRe: Interpretation request of 49 CFR 172.203(p) (Docket HM-218F)\nTo Whom It May Concern:\nOn July 20,2011 the Pipeline and Hazardous Materials Safety Administration issued the final\nrule of Docket HM-218F regarding 49 CFR 172.203(p) required the words non-odorized\npreceding the proper shipping name on a shipping paper when non-odorized liquefied petroleum\ngas is offered for transportation.\nFollowing this, a correction document was published on December 28,2011, which required the\nwords non-[ or not]-odorized to be placed \"in association with\" the \"proper shipping description\".\nMy question is where does \"in association with\" mean? Can the words follow the entire basic\ndescription or must it be immediately before or after the proper shipping name?\nWith electronic data interchange (EDI) shipping paper transmission, changes to the system\nrequire immense efforts to comply with the regulations. The carriers that utilized EDI for\ndecades have sought to comply with the most sensible solution possible.\nNumerous examples in the regulations that require words to be used \"in association with\" are\nusually interpreted to mean after the basic shipping description. For example, 49 CFR 172.203:\n$ (a) is normally interpreted to mean the DOT-SP can follow the basic shipping\ndescription,\n$ ( d)(1 0) requires \"HRCQ to be \"in association with\" which would normally follow the\nbasic shipping description,\n$ (i)(3) also would place the segregation group after the basic shipping description,\n\n<<<PAGE 8>>>\n\n$ (k)(2)(i) also requires the EPA hazardous waste number to follow the basic description,\n$ Marine pollutants, paragraph (1)(1)(2)(3) further require the constituent making the\nmaterial a marine pollutant must appear \"in association with\" the basic description,\n$ Paragraph (m) has been interpreted to require the hazard zone to be entered \"immediately\nfollowing the basic shipping description\",\n$ 171.23(b )2 the EX number or product codes must be included in association with the\nbasic shipping description.\n$ 171.23(b)10 must be entered on the shipping paper immediately following the basic\nshipping description.\nIn addition, does this mean that LPG shipments that originate in US and terminate in Canada\nmust have the non-odorized notation placed in association with the proper shipping name? Will\nTransport Canada accept the US shipping paper (reference Section 171.12)?\nFor clarification, an interpretation requiring the correct placement of the words \"non-[ or not]-\nodorized\" is requested before the EDI systems are permanently changed for compliance at\nconsiderable expense.\nOn a related topic, because I am seeing confusion in the shipper community interpreting\n172.203(p ), I would suggest that the generic use of the proper shipping name Liquefied\nPetroleum Gas (LPG) should also include the other products in the LPG family, namely; butane\nisobutane, and propane, et al. This could be included in parentheses in 172.203(p) or in the\ndefinition section 49 CFR 171.8.\nIn addition, for the sake of clarity and especially uniformity for the emergency responders,\nPHMSA should develop one standard of where the extra descriptive information goes ---- except\nfor maybe adding \"waste\" before the PSN and \"Residue: last contained\" before the basic\ndescription, all other information should go after the basic description--- RQ, HOT, PIH, ete.\nThis would also assist PHMSA in standardizing shipping paper information utilizing EDI for all\nother modes of transportation.\nYour prompt attention to this matter is greatly appreciated.\nRespectfully yours,\nRaymond Kasey","truncated":false,"body_characters":14227}