{"operation":"document","citation":"13-0052R","title":"Simpson Strong Tie Company, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-18","effective_on":null,"summary":"13-0052R response to Simpson Strong Tie Company, Inc. concerning 172.202, 172.504, 172.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0052r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0052r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0052r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/58211/130052r.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\nFEB 1 8 2014\nDenise Nguyen\nQC Chemist\nSimpson Strong Tie Company, Inc.\n136 Official Road\nAddison, IL 601 01\nRef. No. 13-0052R\nDear Ms. Nguyen:\nThis is in further response to your February 21, 2013 e-mail to the Hazardous Materials\nInformation Center (HMIC) and March 15, 2013 follow-up letter to this Office requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to shipping paper entries and placarding determinations. Specifically, you asked:\n(1) how to calculate the total quantity of hazardous material covered by a description as\nprescribed in § 172.202(a)(5} for transportation by modes other than aircraft; (2) how to\ncalculate the total net mass of hazardous material per package as prescribed in\n§ 172.202(a)(6) for transportation by air; and (3) whether the weight of non-hazardous\nmaterial should be considered when calculating the \"aggregate gross weight\" under\n§ 172.504( c )(1) when it is packed in the same outer package with hazardous material. While\nour responses to the second and third questions were accurate, it appears our response to the\nfirst question was in error. Once again, the package you described in your e-mail and letter\nwas as follows:\nWe place a two-part epoxy kit within the same combination\npackage. Part A is non-hazardous and weighs 10 lbs. Part B is\na regulated hazardous material and is described as \"UN2735,\nAmines, liquid, corrosive, n.o.s. (Technical name), 8, II\" and\nalso weighs 10 lbs. For simplicity, we assume the gross weight\nof the completed package is 25 lbs.\nAl. Except as otherwise provided in§ 172.202(a)(5), the total quantity of hazardous\nmaterial covered by a description for transportation by modes other than aircraft may\nbe indicated as the net sum of hazardous materials or the gross weight covered by an\nindividual description. For example:\nUN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs. Q!.,_\nUN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 25 lbs.\n\n<<<PAGE 2>>>\n\nA2. A3. The total net mass of hazardous material per package for transportation by air is\nindicated as the net sum of hazardous materials only, covered by the same description,\ntype of packaging and quantity of hazardous material per package, as prescribed in\n§ 172.202(a)(6). For example:\nUN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs.\nAs provided by§ 172.504( c), except for bulk packagings and hazardous materials\nsubject to§ 172.505, a transport vehicle carrying less than 454 kg (1,001 pounds)\naggregate gross weight of Table 2 hazardous materials need not be placarded. When\ncalculating the 454 kg (1 ,001 pounds) aggregate gross weight, the tare weight of each\nindividual packaging plus the weight of its Table 2 hazardous material content is used\nto determine whether placarding is required. Generally, tare weight consists of the\npackaging and its various components (e.g., cushioning, liner, absorbent, inner\npackaging). However, in the scenario you describe, tare weight also includes non-\nhazardous articles or substances packed in the same outer package as the hazardous\narticles or substances.\nI trust this information is helpful and apologize for any inconvenience this correction may\nhave caused. Please contact us if we can be of further assistance.\nSincerely,\n--7~~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nAPR 2 5 2013\nDenise Nguyen\nQC Chemist\nSimpson Strong Tie Company, Inc.\n136 Official Road\nAddison, IL 60101\nRef. No. 13-0052\nDear Ms. Nguyen:\nTllis responds to your February 21, 2013 e-mail to the Hazardous Materials Information Center\n(HMIC) and March 15, 2013 follow-up letter to this Office requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper\nentries and placarding determinations. Specifically, you ask: (I) how to calculate the total\nquantity of hazardous material covered by a description as prescribed in§ 172.202(e)(5) for\ntransportation by modes other than aircraft; (2) how to calculate the total net mass of hazardous\nmaterial per package as prescribed in§ 172.202(e)(6) for transportation by air; and (3) whether\nthe weight of non-hazardous material should be considered when calculating the \"aggregate\ngross weight\" under§ l72.504(c)(l) when it is packed in the same outer package with\nhazardous material. The package you describe in your e-mail and letter and our responses to\nyour aforementioned questions are as follows:\nWe place a two-part epoxy kit within the same combination package.\nPart A is non-hazardous and weighs 1 0 lbs. Part B is a regulated\nhazardous material and is described as \"UN2735, Amines, liquid,\ncorrosive, n.o.s. (Technical name), 8, II\" and also weighs 10 lbs.\nA 1. A2. The total quantity of hazardous material covered by a description for transportation by\nmodes other than aircraft is indicated as the net sum of hazardous materials only,\ncovered by an individual description, as prescribed in§ l72.202(e)(5). For example:\nUN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs.\nThe total net mass of hazardous material per package for transportation by air is\nindicated as the net sum of hazardous materials only, covered by the same description,\ntype of packaging and· quantity of hazardous material per package, as prescribed in\n§ 172.202( e )(6). For example:\nUN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs.\n----~------------·\n\n<<<PAGE 4>>>\n\nA3. As provided by § 172.504( c), except for bulk packagings and hazardous materials\nsubject to§ 172.505, a transport vehicle carrying less than 454 kg (1,001 pounds)\naggregate gross weight of Table 2 hazardous materials need not be placarded. When\ncalculating the 454 kg (1,001 pounds) aggregate gross weight, the tare weight of each\nindividual packaging plus the weight of its Table 2 hazardous material content is used\nto determine whether placarding is required. Generally, tare weight consists of the\npackaging and its various components (e.g., cushioning, liner, absorbent, inner\npackaging). However, in the scenario you describe, tare weight also includes non-\nhazardous articles or substances packed in the same outer package as the hazardous\narticles or substances.\nI trust this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n------~---------·------------\n\n<<<PAGE 5>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, February 22, 2013 9:32AM\nDrakeford, Carolyn (PHMSA)\nFW: Request For Interpretation Letter\n18-00S~\nHi Carolyn,\nWe received the following request for a letter of interpretation. The caller spoke with both Mike Pagel and Adam lucas in\nthe Info Center, and Dirk DerKinderen also provided them with guidance on their phone response.\nThanks,\nVictoria\nFrom: Denise Nguyen [mailto:dtnguyen@strongtie.com]\nSent: Thursday, February 211 2013 10:01 AM\nTo: Pagel, Michaei.CTR (PHMSA)\nSubject: Request For Interpretation Letter\nHi Mike,\nI recently contacted your office regarding the definition of \"aggregate gross weighf1\n• The answer that\nI received was different than what we were told a few years ago. For that reason, I was told to\nrequest for an Interpretation Letter from your office. Here is my question.\nIf a non-regulated material is packed together with a hazardous material in a same box, do we need to\ninclude the weight of the non-regulated material?\nRegards,\n(J)enise !Nguyen\nQCChemist\nSimpson Strong Tie Company, Inc.\n136 Official Road\nAddison IL, 60101\nPhone: (630) 613-5120\nE~mail: dtnguyen@strongtie.com\nPRIVILEGED AND CONFIDENTIAL NOTICE:\nThis communication, including attachments, is for the exclusive use of addressee and may contain proprietary,\nconfidential and/or privileged information. If you are not the intended recipient, any use, copying, disclosure,\ndissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the. sender\nimmediately by return e-mail, delete this communication and destroy all copies.\n1\n\n<<<PAGE 6>>>\n\nSIMPSON\nMarch 15,2013\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nTo Whom It May Concern:\nI recently contacted your office regarding the definition of \"aggregate gross weight\". The\nanswer that I received was different than what we were told a few years ago. For that reason, I\nwas told to request for an Interpretation Letter from your office. Here is our scenario.\nWe have a 2-part epoxy kit in the same box. Part A weighs 10 lbs. and Part B weighs 10 lbs. The\ntotal package weight is 22 lbs.\nPart A is NOT REGULA TED since it does not meet the definition of a hazardous material\nas defined in 49 CFR 171.8.\nPart B is regulated as a Class 8 corrosive material and is classified as UN2735, AMINES,\nLIQUID, CORROSIVE, N.O.S. (), 8, II.\n49 CFR 172.202( e )(5) states, \"Except for transportation by aircraft, the total quantity of\nhazardous materials covered by the description must be indicated (by mass or volume, or by\nactivity for Class 7 materials) and must include an indication of the applicable unit of\nmeasurement, for example, \"200 kg\" (440 pounds) or \"50 L\" (13 gallons) ... \"\nQuestion 1: For Ground shipments, how do we declare the total quantity of the hazardous\nmaterials on the shipping paper as required in 49 CFR 172.202(e) (5)?\n49 CFR 172.202(e) (6) states, \"For transportation by aircraft, the total net mass per package,\nmust be shown unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.1 OJ table in\nwhich case the total gross mass per package must be shown; or, for Class 7 materials, the\nquantity of radioactive material must be shown by activity.\"\nQuestion 2: For Air shipments, how do we declare the total net mass per package of the\nhazardous materials on the shipping paper as required in 49 CFR 172.202( e )(6)?\n'_,:.-_. 136 Official Road Addison, IL 60101 Phone: 630.543.2797 Fax: 630.543.7014 www.strongtie.com\n\n<<<PAGE 7>>>\n\nSIMPSON\nFor placarding purposes, please defme \"aggregate gross weight of hazardous materials\" as\nreferenced in 49 CPR 172.504(b) & 172.504(c).\nQuestion 3: Do we list the weight on the shipping paper (Bill of Lading) of the whole package\n(the 1 gallon of hazardous and 1 gallon of non-hazardous material) as 22lbs. or do we list it as\nonly the weight of the Part B hazardous material (1 0 lbs.) plus the packaging (e.g. 2 lbs.) and\nskip the 10 lbs. ofthe Part A 1 gallon non-hazardous material so the weight would be (12lbs.)?\nQuestion 4: If pallet and stretch wrap were used, do we need to include these weights as part of\nthe aggregate gross weight?\nThank you in advance for your time and input on these questions. Any guidance you may give is\ngreatly appreciated and we look forward to your response. Please contact me at\ndtnguyen@strongtie.com or 630-613-5120 if there is a need for clarification to adequately\naddress these questions.\nSincerely,\nDenise Nguyen\nQC Chemist\nSimpson Strong Tie Company, Inc.\n136 Official Road\nAddison IL, 60101\n136 Official Road Addison, IL 60101 Phone: 630.543.2797 Fax: 630.543.7014 www.strongtie.com","truncated":false,"body_characters":11655}