{"operation":"document","citation":"15-0081","title":"LabelMaster Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-10","effective_on":null,"summary":"15-0081 response to LabelMaster Services concerning 171.8, 173.136, 173.137.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150081.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 1 0 2015\nMr. Robert Richard\nVice President Labelmaster Services\n5724 N. Pulaski Road\nChicago, IL 60646\nReference No. 15-0081\nDear Mr. Richard:\nThis is in response to your April 23, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to test methods for\ncorrosion to metals. In your letter, you state it is your understanding that a solid material\nwhich is not likely to become liquid during transportation and has a melting point greater\nthan 55°C need not be tested for corrosivity to metals per § 173.137(c)(2). You further state\nthat the solid material is not classified as a Class 8 corrosive substance, unless it causes full\nthickness destruction of human skin at the site of contact within a specified period of time.\nYou ask whether your understanding is correct.\nProvided the material meets the definition of a solid in § 171.8, your understanding is\ncorrect. The definition of a corrosive material in § 173.136(a) states, \"For the purpose of this\nsubchapter, 'corrosive material' (Class 8) means a liquid or solid that causes full thickness\ndestruction of human skin at the site of contact within a specified period of time. A liquid, or\na solid which may become liquid during transportation, that has a severe corrosion rate on\nsteel or aluminum based on the criteria in § 173.137(c)(2) is also a corrosive material.\"\nWhile both solids and liquids are subject to the criteria for skin destruction in §173.136(b),\nonly liquids and solids which may become liquid during transportation should be tested in\naccordance with § 173.137(c)(2).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nI Hunniester\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLehman\n$/73/36 Can 8\nLABELMASTER\ngenders\nSERVICES\n15-0081\nApril 23, 2015\nCharles Betts, Director Standards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: Standards and Rulemaking Division, PHH-10\nU.S. Department of Transportation\n1200 New Jersey Avenue, S.E.\nEast Building, Floor 2\nWashington, DC 20590-0001\nSubject: Request for Interpretation; Corrosion to Metals Testing for Solid Materials\nDear Mr. Betts:\nI am writing to confirm my understanding of the requirements for testing solid materials according to §173.136\nof the US Hazardous Materials Regulations (HMR) and Section 37.4 of the United Nations Manual of Tests and\nCriteria for corrosion to metals. The corrosivity to metals test is required to determine if a material meets the\ncriteria for a Class 8, Packing Group III hazardous material. In previous correspondence with Duane Pfund,\nDirector International Standards for the Office of Hazardous Materials Safety, Mr. Pfund agreed with my\nunderstanding that only solids that may become liquid during transport need to be tested. Nevertheless, I am\nrequesting confirmation in writing from PHMSA that my understanding is correct and consistent with the HMR,\nUN Manual of Tests and Criteria and international regulations including the International Maritime Dangerous\nGoods (IMDG) Code.\nThe UN Manual of Tests and Criteria specifically states:\n37.4 Test methods for corrosion to metals\n37.4.1 Introduction\n37.4.1.1 Test C.1: Test for determining the corrosive properties of liquids and solids that may become liquid\nduring transport as dangerous goods of Class 8, packing group III.\nThe HMR states:\n§173.136 Class 8-Definitions.\n(a) For the purpose of this subchapter, \"corrosive material\" (Class 8) means a liquid or solid that causes full\nthickness destruction of human skin at the site of contact within a specified period of time. A liquid, or a solid\nthe criteria in § 173.137(c)(2) is also a corrosive material.\nwhich may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on\nIt is my understanding based on the text in paragraph 37.4.1.1 and §173.136 that only solids which may become\nliquid in transport need be tested. A solid material that has a melting point greater than 55 °C need not be tested\nfor corrosivity to metals and need not be classified as a Class 8 corrosive substance unless it causes full\n\n<<<PAGE 3>>>\n\nthickness destruction of human skin at the site of contact within a specified period of time since it is not likely\nof becoming liquid in transport.\nPlease provide confirmation that your office agrees with my understanding and interpretation of the applicable\nregulations.\nRespectfully,\nRabet A Kil\nRobert Richard\nVice President Labelmaster Services\n5724 N. Pulaski Rd\nChicago, Illinois 60646","truncated":false,"body_characters":4832}