{"operation":"document","citation":"15-0243","title":"Environmental Health & Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-19","effective_on":null,"summary":"15-0243 response to Environmental Health & Safety concerning 171.8, 172.200, 172.204, 172.300, 172.400, 172.500, 173.222, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0243.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0243.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0243","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150243.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nMAY 1 9 2016\nAdministration\nMs. Marilyn Mia Winterburg\nEnvironmental Health & Safety\nDOT/Hazmat Transportation Compliance\nSamsung Austin Semiconductor\n12100 Samsung Blvd.\nAustin, TX 78754\nReference No. 15-0243\nDear Ms. Winterburg:\nThis is in response to your recent letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding the appropriate classification for\nequipment containing the residue of a hazardous material. In addition you ask for\nclarification of \"shipper\" responsibilities applicable to vendors operating on-site at your\nfacilities. The tasks performed by these vendors include pre-transportation and transportation\nfunctions, storage, cleaning and decontamination of pumps, tools, parts, and other mechanical\nequipment that may contain processed residue within. Your questions are paraphrased and\nanswered below.\nQ1. For the pumps, tools, parts, and other mechanical equipment, the exact amount of\nhazardous material residue is often not possible to determine and cannot be removed without\nrendering the equipment unusable. The final residue composition in the equipment is\ndetermined by reviewing all the changes produced during the processing of raw materials and\ngases. You state that the residue is integral to equipment and ask if \"UN3363, Dangerous\ngoods in machinery\" is the most appropriate classification.\nA1. The answer is yes. It is the opinion of this Office that hazardous material residue in\ncomponents of equipment or machinery may be considered integral if the residue is necessary\nto the function of the equipment, its removal would cause damage to the equipment, or it\nperforms some other function necessary to the equipment such that it cannot be removed from\nthe equipment while it is in transportation. Please note that the proper shipping names\n\"Dangerous goods in machinery\" and \"Dangerous goods in apparatus\" are appropriate\nshipping names for components of machinery or equipment that contain residual hazardous\nmaterials. Materials prepared for transportation using these proper shipping names must\ncomply with the requirements specified in § 173.222 including the net quantity limitations\nprescribed in § 173.222(c).\nQ2. For parts requiring cleaning, a minor onsite purging process is completed prior to\nproviding the vendor with the part. Upon receipt of the parts by the vendor, the parts are\n\n<<<PAGE 2>>>\n\nprepared for shipment and transported to the vendor facility where comprehensive\nmaintenance and in-depth cleaning are performed. Once the cleaning is complete, the vendor\ntransports the part back to your facility. You ask for the most appropriate classification of the\nparts in this scenario.\nA2. If the parts are not completely free of the residue of a hazardous material (through a\ncombination of cleaning and/or purging) prior to transport to the vendor facility as described\nin your letter, then \"UN3363, \"Dangerous goods in machinery\" would be an appropriate\ndescription. Provided that the parts are both cleaned and purged in accordance with\n§ 173.29(b)(2) to the extent that no residual hazardous material or vapor remain in the part,\nthe part is not subject to the requirements of the HMR.\nQ3. When the parts require repair or calibration the process is identical to that described in Q2\nwith the exception that the parts are processed for repair and calibration, not for in-depth\ncleaning. You ask for the most appropriate classification of the parts in this scenario.\nA3. See A2.\nQ4. As the on-site vendor at your facility conducts all of the steps involved in the preparation\nand actual transportation and delivery of these items described above, you ask if the vendor,\nthe manufacturing facility, or both, are responsible for compliance with the HMR, including\nthe \"shipper's certification\" on shipping papers?\nA4. Based on your description, the vendor performs all offeror and carrier functions and\ntherefore is responsible for ensuring that the shipments conform to the requirements of the\nHMR. Specifically, an offeror is responsible for ensuring proper labeling and shipping papers\nunder §§ 172.200, 172.204, and 172.400; and an offeror or carrier (when assigned the\nfunction) is responsible for markings and placards under §§ 172.300 and 172.500.\nPlease note that if your company, the manufacturing facility, performs any pre-transportation\nfunctions (as defined in § 171.8) related to the residue shipment, including but not limited to\nsecuring the closure on a package, preparing a shipping paper, providing emergency response\ninformation, or certifying that a shipment is in proper condition for transportation in\nconformance with HMR requirements, your company is responsible for compliance with the\nHMR.\nI hope this satisfies your request.\nSincerely,\nPlane A 17\nDuane A. Pfun\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWiener\n5172.202\nSAMSUNG\nSAMSUNG AUSTIN\nSEMICONDUCTOR\nShipping Papers\n15-0243\nREQUEST FOR FORMAL LETTER OF INTERPRETATION\nDecember 8, 2015\nU.S. Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nATTN: PHH-10\nEast Building, (PHH)\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\n1. Requestor Name and Address:\nSamsung Austin Semiconductor, LLC (SAS)\nUS DOT Registration No.: 062915551085XZ\nATTN: Marilyn Mia Winterburg\n(512) 672-2824\n12100 Samsung Blvd\nAustin, TX 78754\nFAX: (512) 491-1570\nEMAIL: m.winterburg@samsung.com\n2. Purpose: To request interpretation regarding the following topics:\na. UN 3363, Dangerous Goods in Machinery/Equipment - Our manufacturing operations at\nSAS require some of our vendors to have embedded employees operating out of our facilities.\nSome of the tasks executed by these vendors include the pre-transportation preparation,\npackaging, loading, creation of shipping papers, transporting (with their own assets), storing,\ncleaning and decontaminating the pumps, tools, parts, and other similar machinery/equipment\nthat may have processed chemical residue within them. We believe UN 3363, Dangerous Goods\nin Machinery is the appropriate classification for these items. Some of our vendors believe the\nresidue on the parts being shipped should not be considered hazardous and thus not fall under\nthe requirements prescribed in 49 CFR. We would like to get specific clarification on the\nappropriate classification for these items for the following circumstances:\nMachinery/Equipment - For the pumps, tools, and similar machinery/equipment, the\nspecific hazmat residue amount is often times impossible to determine without rendering\nsuch equipment non-operational. In other words, the residue is integral to the equipment,\nwhich leads us to believe classifying them as UN 3363 is appropriate. The\npumps/equipment' final residue composition is determined by reviewing all the changes\nproduced during the processing of the raw materials and gases. We are not able to\ndetermine the specific residue amount.\nParts Shipped for Cleaning - For the parts needing to be cleaned, a minor onsite\npurging process is completed prior to providing the vendor with the part. After the parts\nare received by the vendor, they add them to their inventory, package and transport to\ntheir facilities. There they conduct a full operational maintenance and in-depth cleaning.\nOnce cleaning is completed, the vendor transports parts back to our facilities and return\nthem to our spare parts department.\n\n<<<PAGE 4>>>\n\n1ll. Parts Shipped for repairs/calibration - For repairs/calibration parts, the process is\nidentical to that described in 2 (a) ii, with the exception that they are processed for\nrepairs and calibration, not for in-depth cleaning.\nb. Responsibility Determination - Due to the complexities in the operations described in 2(a) i-iii\nabove, the lines of responsibilities are confusing. Some of our vendors have stated they believe\nthey should not be considered to be the \"shipper\" for these pumps, parts, tools, equipment. It is\nSAS' position that since the vendors conduct all the steps involved in the preparation and actual\ntransportation and delivery of such items, they should complete the shippers requirements listed\nin 49 CFR. Unfortunately, 49 CFR does not clearly define the word \"shipper\"\n\", leaving this\npoint of concern up to interpretation. SAS would like some assistance determining who should\nassume the shippers responsibilities, to include signing the \"shippers certification\" statement on\nthe shipping papers.\n3. Person of Contact: Marilyn Mia Winterburg, email: m.winterburg@samsung.com, desk: (512) 672-\n2824, mobile: (254) 291-0472, certifies that the information submitted is accurate and complete.\n\n<<<PAGE 5>>>\n\nDodd, Alice (PHMSA)\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nThursday, December 10, 2015 5:13 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for Formal Letter of Interpretation\nAttachments:\nLOI Shipper and Parts.docx\nDear Shante and Alice,\nForwarded is a request for a letter of interpretation. Ms Winterburg spoke with Mike Ciccarone in the HMIC.\nThanks,\nShelby\nFrom: Mia Winterburg [mailto:m.winterburg@samsung.com]\nSent: Wednesday, December 09, 2015 5:00 PM\nTo: INFOCNTR (PHMSA)\nCc: Jessica Warhoe\nSubject: Request for Formal Letter of Interpretation\nTo whom this may concern,\nPlease read and process the attached request for formal a letter of interpretation.\nThanks,\nMia\nMarilyn Mia Winterburg\nEnvironmental, Health & Safety\nDOT /Hazmat Transportation Compliance\nSamsung Austin Semiconductor\n12100 Samsung Blvd.\nAustin, TX 78754\nT: 512-672-2824\nm.winterburg@samsung.com","truncated":false,"body_characters":9672}