{"operation":"document","citation":"16-0014","title":"COSTHA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-07-20","effective_on":null,"summary":"16-0014 response to COSTHA concerning 178.702, 178.705, 178.706, 178.707.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160014.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashingt~m, D.C. 20590\nJUL 2 0 2016\nL' Gena Shaffer\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nRef. No. 16-0014\nDear Ms. Shaffer:\nThis responds to your January 26, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to IBC codes. Specifically,\nyou note that a final rule published on January 8, 2015 [(HM-215M); 80 FR 1075] amended\nthe HMR to authorize certain solid materials to be packaged in accordance with Special\nProvision \"IB8\" (IBC code). Additionally, you state that this change is not reflected in\n§§ l 78.702(a)(l) and l 78.707(a)(5) given that both sections indicate that a packaging\nmeeting the requirements for a Specification 31HZ1 IBC is only authorized for liquids. You\nask if this was an editorial oversight.\nThe answer is no. Sections 178.702(a) and l 78.707(a) address nomenclature for UN\nSpecification IBCs designed for transport of liquids. We do not believe a conforming change\nneeds to be implemented. Final rule HM-215M did reinstate UN specification 3 lHZl, along\nwith several other UN specification IBCs, for liquid material as authorized packaging under\nIBC Codes IB4 through IB8 assigned to certain solid material. Prior to removal of the IBC\nspecifications (for liquids) from IBC Codes IB4 through IB8 under rulemakings HM-215K\n[76 FR 3307] and HM-215L [78 FR 987] there was not an indication in either\n§§ 178.702(a)(l) or 178.707(a)(5) that solids were authorized in these packagings.\nMoreover, there was also not an indication in§§ 178.705(a) and 178.706(a) for metal and\nrigid IBCs, respectively, designed for liquids that were also authorized packagings for certain\nsolids. Making a conforming edit would entail more than just the sections you reference\nassociated with UN Specification 3 lHZl IBC. Furthermore, this provision of the HMR is\ncurrently harmonized with the revisions to the UN Model Regulations.\n\n<<>>\n\nAt this time, we do not believe an amendment to include a reference to solid materials is\nnecessary or appropriate.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n•''·/' ~ ...... ~7\n/;/L.?:/~·~\n/6irk Der ~r~/ .r ~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nGoodall, Shante CTR (PHMSA)\nFrom: Foster, Glenn (PHMSA)\nSent: To: Cc: Wednesday, January 27, 2016 7:08 AM\nDodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA)\nWiener, Aaron (PHMSA); Stevens, Michael (PHMSA); Betts, Charles (PHMSA);\nDerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Kelley, Shane (PHMSA); Pfund,\nDuane (PHMSA); Supko, Ben (PHMSA)\nSubject: Question on IBC's & HM215M\nAlice I Shante,\nPlease have the email below checked in as a request for a letter of interpretation and assign it to a Specialist.\nThanks,\nGlenn\nFrom: Stevens, Michael (PHMSA)\nSent: Tuesday, January 26, 2016 12:01 PM\nTo: 'L'Gena Shaffer'\nCc: Lara Currie; Chris Yakush; Tom Ferguson; Foster, Glenn (PHMSA); Betts, Charles (PHMSA); Wiener, Aaron (PHMSA)\nSubject: RE: Question on IBC's & HM215M\nWhat you sent is sufficient to generate a request for interpretation. Thanks again.\nFrom: L'Gena Shaffer [mailto:Lgena@costha.com]\n5ent: Tuesday, January 26, 2016 11:57 AM\nTo: Stevens, Michael (PHMSA)\nCc: Lara Currie; Chris Yakush; Tom Ferguson; Foster, Glenn (PHMSA); Betts, Charles (PHMSA); Wiener, Aaron (PHMSA)\nSubject: RE: Question on IBC's & HM215M\nHappy 2016 to you as well!\nThank you so much for the prompt response Michael!\nWill you be able to take the email request for the interpretation or do you need something more formal?\nBest regards,\n,t,'tp,ea S~, CDGP\nTechnical Consultant\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nhttp://www.costha.com\nlgena@costha.com\n0: 518-761-0389 Extn. 206\nCOSTHA Office: 518-761-0389\nF: 518-792-7781\nCOSTHA 2016 Annual Forum & Expo -April 24-27 - Clearwater, FL\n1\n\n<<>>\n\n\\\n·~STH}>\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject\nmatter covered as a service to our clients and has been answered to the best of our ability based on the\ninformation provided to us. We do not guarantee the accuracy or completeness of any such interpretation or\ninformation, however, nor do we warrant that compliance with any advice we provide will guarantee\ncompliance with any legal or regulatory requirements. Our statements or opinions do not convey legal\ninterpretation and government authorities or legal counsel should be contacted for such a response.\nFrom: michael.stevens@dot.gov [mailto:michael.stevens@dot.go'[]\nSent: Tuesday, January 26, 2016 11:25 AM\nTo: L'Gena Shaffer \nCc: Lara Currie ; Chris Yakush ; Tom Ferguson ;\nGlenn.Foster@dot.gov; charles.betts@dot.gov; Aaron.Wiener@dot.gov\nSubject: RE: Question on IBC's & HM215M\nGreetings and Happy New Year L'Gena,\nBecause IB8 is indicated in column 7 of the§ 172.101 HMT for UN1727 and a 31HZ1 composite IBC is indicated in IB8 of\nthe§ 172.102(c)(4) Table 1 list of IBC Codes, I see absolutely no reason a 31HZ1 composite IBC can't be used for an\nauthorized solid as the HMR is currently written. In my opinion, we can editorially revise the construction requirements\nin part 178 for consistency purposes at our earliest opportunity and respond to your request for clarification through an\ninterpretation without having to file a petition with PHMSA for a rule change. Thank you for bringing this matter to our\nattention.\nBest,\nMichael\nFrom: L'Gena Shaffer [mailto:Lgena@costha.com]\nSent: Tuesday, January 26, 2016 10:26 AM\nTo: Stevens, Michael (PHMSA)\nCc: L'Gena Shaffer; Lara Currie; Chris Yakush; Tom Ferguson\nSubject: Question on IBC's & HM215M\nMichael,\nWe'd like to get your opinion on a potential oversight that occurred during the harmonization rulemaking HM-\n215M. Would you please review the information below and if an error please advise if this can be corrected as\nan oversight or if a petition is required?\nIn HM 215M, PHMSA aligned the HMR with the UN Model Regulations allowing the use of 31 HZ1 for the\nshipment of solid materials. The hazmat table authorizes the use for this type of IBC under 188 for the\nshipment of UN1727, which is a stable solid with no liquid phase. However, §178.707(a)(5) and\n§178.702(a)(1) do not reflect this change; both sections still only show 31 HZ1 as being approved for liquids\nonly.\nmmonium hydrogendifluoride, solid 8UN1727 118 188, IP2, IP4, N34, T3, TP33154 212 240\n2\n\n<<>>\n\nHere is the HM215M text concerning this change.\nfu fi.vo final rules published in the\nFederal Register on January 19, 2011\n(76 FR 3308~ HM-215K) and January 7,\n2013 (78 FR 988; HM-215L) the Table\n1 (IBC Codes) in paragraph (c)(4) were\neditorially revised to remove UN\nSpecifications 31A .• 31B, 31N, 31H1,\n31H2, 31HZ1, and 31HZ2 from IBC\nCodes IB4 through IBB. The revisions\nwere consistent with amendments to the\nUN Model Regulations that removed the\nspecifications from the indicated codes\nin the table because IBC Codes IB4\nthrough IBB are assigned to solids,\nwhereas, UN Specifications 31A, 31B.\n31N, 31H1, 31H2, 31HZ1, and 31HZ2\nare authorized for transportation of\nliquids and IBC Codes IB1 through IB3\nand are assigned to liquid materials\nonly. Information presented to the UN\nCommittee of Experts on the Transport\nBest regards,\n~·~s*',CDGP\nTechnical Consultant\nCOSTHA\n10 Hunter Brook Lane\nQueensbury, NY 12804\nhttp://www.costha.com\nlgena@costha.com\n0: 518-761-0389 Extn. 206\nCOSTHA Office: 518-761-0389\nF: 518-792-7781\nCOSTHA 2016 Annual Forum & Expo -April 24-27 - Clearwater. FL\nof Dangerous Goods (UNCOE) in thi.s\nlast biennium indicated that the\nremoval of the above UN Speci.fications\nfrom IBC Codes IB4 through IBB has\ncreated a problem. Prior to\nimplementation of these revisions,\ncertain liquid IBC types were used to\ntransport powdery solids and solids that\nbecome liquid under conditions of\ntransport. These solids may be loaded\nand unloaded from the IBC in liquid\nform raising the question of whether the\nremaining IBCs, which are intended for\ngravity or pressure discharge, are\nappropriate. The UN sub-committee\nadopted a proposal to reinstate the IBCs\nthat were previously authorized. In this\nfinal rule. \\Ve are harmonizing with the\nUN Model Regulations by revising the\nIBC Codes IB4 through IBB in paragraph\n{c){4), Table 1 (IBC Codes) to reinstate\nIBC's previously authorized.\n~STHA>\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject\nmatter covered as a service to our clients and has been answered to the best of our ability based on the\ninformation provided to us. We do not guarantee the accuracy or completeness of any such interpretation or\ninformation, however, nor do we warrant that compliance with any advice we provide will guarantee\ncompliance with any legal or regulatory requirements. Our statements or opinions do not convey legal\ninterpretation and government authorities or legal counsel should be contacted for such a response.\n3","truncated":false,"body_characters":9314}