{"operation":"document","citation":"13-0114","title":"WTS, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-10-18","effective_on":null,"summary":"13-0114 response to WTS, Inc. concerning 173.124, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130114.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\nOCT 1 8 2013\nMr. James Moulds\nSr. Environmental Services Manager\nWTS, Inc.\n2119 East Franklin St.\nLower Level\nRichmond, VA 23223\nRef. No.: 13-0114\nDear Mr. Moulds:\nThis responds to your May 14, 2013 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CPR Parts 171-180) applicable to shipping flammable solids in bulk\npackages. In your letter, you state that a manufacturer produces a fluoropolymer based \"tape\"\nthat consists of a non-hazardous polymer (polytetraf1uoroethylene) impregnated with an\nisoparaffinic petroleum distillate (Isopar K©). You state that the Isopar K is completely\nabsorbed into the polymer matrix and will not separate from it nor become a free liquid under\nnormal conditions, including those encountered during transportation (compression, heat, and\nvibration). You state that you classified the material as \"UN1325, Flammable solids, organic,\nn.o.s., (contains mineral spirits), 4.1, PG III,\" and transport it in bulk packages authorized in\ncolumn 8C of the Hazardous Materials Table (HMT). Your questions are paraphrased and\nanswered below.\nQ 1: You state the \"tape\" has been classified as a Division 4.1 (PG III) hazardous material\nin accordance with§ 173.124(a)(3)(ii) as the test data shows it exhibits a burning rate\ngreater than 2.2mm per second when tested in accordance with the United Nations\n\"Recommendations on the Transport of Dangerous Goods, Manual of Tests and\nCriteria, Fourth Revised Edition\" (Section 33- Classification Procedures, Test\nMethods and Criteria relating to Class 4). You ask whether a shipping description of\n\"UN1325, Flammable solids, organic, n.o.s., (contains mineral spirits), 4.1, PG III\" or\n\"UN3175, Solids containing flammable liquid, n.o.s., (contains mineral spirits), 4.1,\nPG II\" is accurate?\nA1: In accordance with§ 173.22, it is the shipper's responsibility to properly classify and\ndescribe a hazardous material. This Office does not perform that function. In order to\nbe classified as a Division 4.1 (flammable solid), the material must meet the\n\n<<<PAGE 2>>>\n\nQ2: A2: Q3: A3: Q4: A4: conditions listed in§ 173.124(a)(l ), (2), or (3). If you have test data that indicates the\nitem meets these conditions, the shipping descriptions for UN1325 or UN3175 could\nbe correct. However, as stated above, it is the shipper's responsibility to properly\nclassify and describe a hazardous material.\nYou state that it has been suggested to you that for the \"tape,\" the more appropriate\nshipping description is \"UN3175, Solids containing flammable liquid, n.o.s., (contains\nmineral spirits), 4.1, PG II.\" You ask which shipping description is more correct?\nPlease see Al. It is the shipper's responsibility to properly classify and describe a\nhazardous material. However, based on our review ofthe data you provided,\n\"UN3175, Solids containing flammable liquid, n.o.s., (contains mineral spirits), 4.1,\nPG II\" is the more accurate shipping description.\nYou ask what type of bulk packagings are authorized under § 173 .240(b) and (c) for\nthis \"tape\" (i.e., UN3175, Solids containing flammable liquid, n.o.s., (contains mineral\nspirits), 4.1, PG II)?\nFor certain low hazard solid materials, select motor vehicles, portable tanks, and\nclosed bulk bins are authorized under § 1 73 .240(b) and (c). In the scenario you\ndescribed in your letter, you may choose any of the following bulk packages:\nMotor vehicles: Specification MC 300, MC 301, MC 302, MC 303, MC 304, MC 305,\nMC 306, MC 307, MC 310, MC 311, MC 312, MC 330, MC 331, DOT 406, DOT\n407, and DOT 412 cargo tank motor vehicles; non-DOT specification, sift-proof cargo\ntank motor vehicles; and sift-proof closed vehicles.\nPortable tanks and closed bulk bins: DOT 51, 56, 57 and 60 portable tanks; IMO type\n1, 2 and 5, and IM 101 and IM 102 portable tanks; UN portable tanks; marine portable\ntanks conforming to 46 CFR part 64; and sift-proof non-DOT Specification portable\ntanks and closed bulk bins are authorized.\nYou ask whether a closed box van trailer meets the criteria of a sift-proof closed bulk\nbin?\nThe answer is yes. Section 173.240 authorizes the transportation of certain low hazard\nsolid materials in non-DOT specification sift-proof closed bulk bins. In order to be\nconsidered sift-proof, the completed package may not permit the escape of any of the\nhazardous material contained therein. A \"closed bulk bin\" is a type of bulk packaging\nother than a portable tank, cargo tank, tank car and multi-unit tank car. It is the\nshipper's responsibility to ensure that the packaging provides sift-proof containment at\nthe time of shipment and will continue to provide that containment until the package\nreaches its final destination. It is the opinion of this Office that a box van trailer is a\n\"closed bulk bin\" if the provisions of§ 173.240 requiring sift-proof containment are\nmet.\n2\n\n<<<PAGE 3>>>\n\nIn addition to being sift-proof and closed, the package must also meet general\npackaging provisions of§§ 173.24 and 173.24b. Further, the bins are also subject to\nthe requirements of the special provisions contained in Column 7 of the HMT, as\napplicable to the material being transported.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n,---y$n00~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nMay 14,2013\nWTS, Inc.\n2119 East Franklin St.\nLower Level\nRichmond, VA 23223\nUS DOT\nPHMSA Office of Hazardous Material Standards\nAttention: PHH-10\nEast Building\n1200 New Jersey Ave., SE\nWashington, DC 20590-0001\nRE: Request for a Formal Interpretation of the Regulations concerning the shipment of Hazardous\nMaterials in Bulk Packagings\nI am requesting a formal interpretation from the agency in regards to the transportation of certain\n\"low hazard\" materials of Division 4.1 in non-DOT specification bulk packagings. The specifics of the\nsituation are detailed below along with references to the DOT regulations concerning the\ntransportation of Hazardous Materials as well references to past interpretations by the agency in\nregards to relevant, similar situations.\nA manufacturer produces a fluoropolymer based \"tape\" (a long thick ribbon). The tape consists of a\nnon-hazardous polymer (polytetrafluoroethylene) impregnated with an isoparaffinic petroleum\ndistillate (I so parK©}. The lsopar K is completely absorbed into the polymer matrix and will not\nseparate from it nor become a free liquid under normal conditions, including those encountered\nduring transportation (compression, heat and vibration).\nThe tapE~ is stored, before further use in various other manufacturing processes, as large rolls on\nheavy cores. The rolls are approximately 36 inches in diameter, 6 to 8 inches wide and weigh\napproximately 300ib. each. These rolls, in turn, are stored on large metal racks consisting of a heavy\nsteel frames fitted with horizontal spindles to hold the rolls. A specially designed 'T' bar is used to\nsecure the rolls on the spindles to prevent from slipping off during movement. Each rack is designed\nto hold 4 or more rolls. The rolls must be held in a horizontal position (horizontal to axis of rotation)\nto prevent the tape from s~iding off of or shifting (telescoping) during movement.\nThe tape has been classified as a Hazardous Material of Division 4.1 of Pacakging Group Ill in\naccordance with 49CFR173.124(a}(3}(ii); test data shows it exhibits a burning rate greater than\n2.2mm per second when tested in accordance with the United Nations \"Recommendations on the\nTransport of Dangerous Goods, Manual of Tests and Criteria, Fourth Revised Edition\" (Section 33-\nwi.s\nWHERE OBJECTIVITY FLOURISHES\n\n<<<PAGE 5>>>\n\nClassification Procedures, Test Methods and Criteria Relating to Class 4). It has been assigned the\nUSDOT Proper Shipping Name and Description of:\nUN1325, Flammable solid, organic, n.o.s. {Contains Mineral Spirits)\n4.1, PG/11\nIt has been suggested that a more appropriate PSN might be:\nUN3175, Solids containing flammable liquid, n.o.s {Contains Mineral Spirits)\n4.1, PG/1\nHowever, this alternate name was not chosen for three reasons. First, the test results show that the\nmaterial meets the criteria for Packaging Group Ill. The PSN associated with the UN3175 description\nonly applies to materials meeting the criteria for Packaging Group II. Secondly, the UN3175\ndescription connotes or implies that the liquid portion of the material may separate and become\nliquid during transport which is known not to be the case. Finally, the flash point of the lsopar K is\nknown to be >73°F (~130°F} meaning it meets the definition of a Packaging Group Ill flammable liquid\nof Hazard Class 3.\nThough the tape is currently manufactured and used at the same site, the manufacturer is planning to\nstart using the tape in manufacturing processes at other sites meaning it will need to be transported\nover the road by motor vehicle.\nAccording to Column 8C of the Hazardous Materials Table listed in 172.101, acceptable bulk packages\nfor this material are listed in 49CFR172 Subpart F under 173.240, Bulk packaging for certain low\nhazard solid materials. This section identifies both \"non-DOT Specification sift-proof closed vehicles\"\n(172.240(b)) and \"sift-proof non-DOT Specification portable tanks and dosed bulk bins\" (172.240(c)).\nGuidance documents issued by the USDOT (Reference Numbers 02-0068 and 05-0114} confirm that\nnon-DOT specification closed bulk bins may be used for the transportation of Hazardous Materials if\nthey are authorized under Columns 7 and 8C of the Hazardous Materials Table and meet the general\npackaging provisions of sections 173.24 and 173.24b. Additionally, guidance document 05-0114\nstates that a closed box van trailer would meet the criteria of a \"closed bulk bin\".\nBased on these past interpretations and their understanding of the regulations, the manufacturer's\ncurrent plan is to load the racks holding the rolls of tape onto box trailers. The racks would be\nsecured inside the trailer, through the use of cargo straps and/or chains to prevent movement during\ntransportation. The trailers that would be used are the heavy duty intermodal (\"sea containern) type\nthat are of heavy construction and are fitted with strong doors possessing heavy duty seals that\nrender them sift-proof to the contents.\nwi.s\n\n<<<PAGE 6>>>\n\nThe trailers once loaded, will be marked with placards bearing \"1325\" in accordance with\n49CFR172.332(c), 172.504, 172.506 and 172.514. Additionally each load will be accompanied by a\nshipping document (Bill of Lading) as required under 49CFR172 Subpart C.\nBased on the information provided, is it the agency's opinion that the proposed method of shipment\nwould meet the requirements of the regulations and thus be an acceptable means of transporting the\nmaterial by highway?\nPlease send any correspondence regarding this matter to the address listed on the header of this\nletter. I may also be contacted via e-mail at jmoulds@wtsonline.com or by cell phone at 804-357-\n8563.\nSincerely, . (} /i\n~))~\nJames Moulds\nSr. Environmental Services Manager\nWTS, Inc.\nwi.s","truncated":false,"body_characters":11251}