{"operation":"document","citation":"13-0122R","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-08-12","effective_on":null,"summary":"13-0122R response to URS Corporation concerning 172.315, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0122r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0122r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0122r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130122R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 12 2013\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. AndrewN. Romach\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nRef. No. 13-0122R\nDear Mr. Romach:\nThis responds to your June 6, 2013, letter requesting clarification on shipping shock\nabsorbers, \"Articles, pressurized, pneumatic UN3164\" under§ 173.306(f) of the Hazardous\nMaterials Regulations (HMR; Parts 171-180). Specifically, you ask for confirmation that\nshock absorbers shipped under § 173 .306(f)(2) and (f)(3) qualify for the limited quantity\nexception and are excepted from shipping paper and placarding requirements.\nAccording to your letter, it is your understanding that shock absorbers may be shipped as\nlimited quantity under§ 173.306(f)(2) and (f)(3); and would be allowed to be packaged in a\nstrong outer packaging with the limited quantity marking applied in accordance with\n§ 172.315(a); and would be excepted from labeling, shipping papers, and placarding\nrequirements.\nLimited quantity exceptions for Class 2 compressed gases are provided in§ 173.306(a).\nIf the shock absorbers meet any of the exceptions provided for limited quantities in\n§ 173.306(a), then they may be shipped as a limited quantity. However, if the shock\nabsorbers do not meet any of the limited quantity exceptions in§ 173.306(a), then the\nexceptions in§ 173.306(f) would apply. Shock absorbers shipped under§ 173.306(f)(2) are\nexcepted from labeling, specification packaging, and placarding. Shock absorbers shipped\nunder§ 173.306(f)(3) are excepted from labeling, specification packaging, but are not\nexcepted from placarding requirements. Therefore, as stated in interpretation letter Ref. No.\n08-0270, shock absorbers conforming to the requirements in§ 173.306(f)(3) are not excepted\nfrom placarding requirements.\n\n<<<PAGE 2>>>\n\nPHMSA acknowledges that the title of§ 173.306, \"Limited Quantities of Compressed Gases\"\nmay lead some to the conclusion that complying with subparagraphs of this section\n(e.g. § 173.306(£)) would indicate that the material can be considered a limited quantity.\nHowever, this is only the case if the subparagraph indicates an allowance for limited quantity.\nPHMSA may consider clarifying the title of§ 173.306 in a future rulemaking.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJune 6, 2013\nBoothe\n~ 113. 30cp\n-3 17)· 315\nA t ~u. meA-l c~_Jl!Y_s\nl3 .. blZZ.\nMr. Del Billings\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. Billings:\nI am writing to request written regulatory clarification concerning the requirements that apply\nwhen shipping shock absorbers (classified as \"Articles, pressurized, pneumatic) as set out in\n49 CFR 173.206(±).\nIn the Hazardous Materials Table (HMT), for the proper shipping name entry \"Articles,\npressurized, pneumatic,\" the regulatory citation \"173.306\" is listed under \"Exceptions (8A)\".\nThe title of section 173.306 is \"Limited quantities of compressed gases.\"\nQuestion 1: If a shock absorber meets the criteria of the exception set out in 49 CFR\n173.306(±)(2) (which allows the shock absorber to be shipped as not subject to labeling,\nspecification packaging, and placarding requirements), based on the specific relief set out in the\nexception and the title of the Section, it appears that such a shock absorber would be shipped\nunder the limited quantity exception. As the limited quantity requirements have recently\nchanged to harmonize with the United Nations (UN) requirements, it would appear that such a\nshock absorber would be allowed to be packaged in a strong outer packaging with the limited\nquantity marking applied as described in 49 CFR 172.315(a). In addition, hazardous material\ndocumentation would not be required. Please confirm whether this understanding is correct.\nQuestion 2: If a shock absorber meets the criteria of the exception set out in 49 CFR\n173.306(±)(3) (which allows the shock absorber to be shipped as not subject to labeling and\nspecification packaging but does not address placarding), based on the specific relief set out in\nthe exception and the title of the Section, it appears that such a shock absorber would be shipped\nunder the limited quantity exception. As the limited quantity requirements have recently\nchanged to harmonize with the United Nations (UN) requirements, it would appear that such a\nshock absorber would be allowed to be packaged in a strong outer packaging with the limited\nquantity marking applied as described in 49 CFR 172.315(a). In addition, hazardous material\ndocumentation would not be required.\nURS Corporation\n1600 Perimeter Park Drive Morrisville, NC 27560\nTel: 919.461.1220\nFax: 919.461.1371\nandy.romach@urs.com\n\n<<<PAGE 4>>>\n\nDOT interpretation letter request\nJune 6, 2013\nPage 2 of2\nRecent calls to the HAZMA T Hotline have confirmed that placarding for the scenario in\nQuestion 2 is not required. It is very difficult for warehouse employees who are shipping out\npackaged shock absorbers that meet the exception in 49 CFR 173.306(±)(2) or 49 CFR\n173.306(±)(3) to make a distinction between which exception is being applied and offer placards\nfor those shock absorbers taking advantage of 49 CFR 173.306(±)(3) because the outer package\nand marking for either exception would be identical.\nPlease confirm whether my understanding is correct that shock absorbers taking advantage of\n49 CFR 173.306(±)(3) qualify for the limited quantity exception and no placarding is required.\nNote that a letter of regulatory interpretation issued November 7, 2008 (08-0270) requires that a\nshock absorber meeting the criteria of 49 CFR 173.306(±)(3) must be placarded even if not\nlabeled. Such a requirement has proven very confusing to transporters, as the presence of hazard\nlabels usually signifies the requirement to display placards. Does the interpretation letter\n08-0270 still apply?\nI would appreciate your assistance with these questions.\nSincerely,\nAndrew N. Romach\nRegulatory Compliance Manager\nURS Corporation\nURS Corporation\n1600 Perimeter Park Drive Morrisville, NC 27560\nTel: 919.461.1220\nFax: 919.461.1371\nandy.romach@urs.com","truncated":false,"body_characters":6509}