{"operation":"document","citation":"13-0234","title":"Strem Chemcials, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-11","effective_on":null,"summary":"13-0234 response to Strem Chemcials, Inc. concerning 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0234.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0234.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0234","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130234.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 1 2014\nMr. Jason M. Stevens\nWarehouse Manager\nStrem Chemicals, Inc.\n7 Mulliken Way\nNewburyport, MA 01950\nRef. No.: 13-0234\nDear Mr. Stevens:\nThis is in response to your letter dated December 2, 2013, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180) relating to the description of hazardous\nsubstances on shipping papers, and the placement ofthe letters \"RQ\". You provide an example\nshipping paper which shows the \"RQ\" notation after the basic description, but not in a location\nimmediately before or after the basic description. You note that it is your understanding that the\n\"RQ\" must be immediately before or after the basic description. You ask for confirmation that the\n\"RQ\" notation as shown in your example shipping paper would not be in compliance with\n§ 172.203(c)(2).\nSection 172.203( c )(2) requires the letters \"RQ\" to be entered on the shipping paper either before or\nafter the basic description required by§ 172.702 for each hazardous substance, and provides\nexamples of acceptable methods of noting the letters \"RQ\" on shipping papers. The two examples\ngiven are not the only acceptable places to note the letters \"RQ\". The \"RQ\" component may follow\nthe basic description of the hazardous material in any reasonable format, provided it is clearly part of\nthe entry. It is the opinion of this office that the indication \"RQ (Benzene)\" as illustrated in the\nexample provided appears after the basic description as required by the HMR. The example\nshipping paper provided only shows one entry for a hazardous material. If there are multiple\nconsecutive entries, care should be taken to ensure it is clear which entry the \"RQ\" notation is\nassociated with.\nI trust this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\n:~ AvrJi~(~ · !' t~~\n....-'\\,}, f)\nr\ntv.r\n' '\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDecember 2, 2013\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Sirs,\nI am writing to you for clarification regarding additional description requirements for\nshipping papers as specified in 49 CFR 172.203(c)(2). When applicable, the letters \"RQ\" must\nbe entered on the shipping paper either before or after the required basic description. It is my\nunderstanding that the basic description of a hazardous material includes the Identification\nNumber, the Proper Shipping Name, Hazard Class/Division followed by subsidiary Hazard\nClass(es)/Division(s) as appropriate, and Packing Group when applicable.\nConsistent with your examples provided in the HMR, this requirement appears to leave\nthe shipper with only two clear options when entering the letters \"RQ\", before or after the\nbasic description.\nDespite this, I have encountered an influential training agency teaching its members and\nparticipants something quite different. Namely, it is being taught that the \"RQ'' can be inserted\nfollowing other information required on shipping papers, despite the fact that the information\nthat it follows is not part of the basic description. Below, I have created an example of a\nshipping paper prepared for air transportation which illustrates acceptable information being\nconveyed to trainees:\n\n<<<PAGE 3>>>\n\nIt is my opinion that this example does not meet the requirements as set forth by 49\nCFR 172.203(c)(2) therefore it could not possibly be compliant. It is my hope that you will\nconfirm that my understanding is correct. If confirmed, I will forward your interpretation along\nto the training agency in hopes that they will adjust their teachings and avoid misleading their\nstudents. I appreciate your clarification in the matter.\nSincerely,\nj 1r'\\\n/ t/, .\nf\"/ )~~\n/l /Jason M. Stevens\n(/ Warehouse Manager\nStrem Chemicals, Inc.\n7 Mulliken Way\nNewburyport MA 01950\n/~,<;\"')@ shefl'l.coM","truncated":false,"body_characters":4119}