{"operation":"document","citation":"16-0054","title":"Infotrac, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-04-06","effective_on":null,"summary":"16-0054 response to Infotrac, Inc. concerning 171.4, 171.8, 172.101, 172.203, 172.301, 172.315, 172.322, 172.324, 172.400, 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160054.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAPR 0 6 2017\nMr. Jason Kob\nDirector of Environmental Regulatory Compliance\nInfotrac, Inc.\n200 N. Palmetto St.\nLeesburg, FL 34748\nReference No. 16-0054\nDear Mr. Kob:\nThis responds to your March 31, 2016 e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask several questions concerning\nrequirements for domestic transportation by vessel of aerosols that also meet the definition of a\nmarine pollutant. Your questions are paraphrased and answered below:\nQ 1. Are aerosols and gases that are being shipped by domestic vessel included in the marine\npollutant exception offered in § 171.4( c )(2), or are they prohibited from taking advantage of this\nmarine pollutant exception? You present an example consisting of a package of flammable gas\naerosols that qualify as limited quantities, but also contain 30% heptane, a material listed in\nAppendix B to § 172.101.\nAl. The answer to your question is no. The exceptions provided in§ 171.4(c)(2) apply to single\nor combination packagings containing a net quantity per single or inner packaging of 5 L or less\nfor liquids or having a net mass of 5 kg or less for solids. Gases that are listed marine pollutants\nin Appendix B to § 172.101 may not utilize these exceptions.\nQ2. You ask if you may take the marine pollutant exception in§ 171.4(c)(2) for \"UN 1950\nAerosols, 2.1, Limited Quantity\" to receive exception from the marine pollutant requirements for\ndomestic vessel transportation.\nA2. No. See Al above.\nQ3. Are aerosols as defined in§ 171.8 liquids, solids or gases?\nA3. Section§ 171.8 defines an aerosol as \"any non-refillable receptacle containing a gas\ncompressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a\nnonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and\nfitted with a self-closing release device allowing the contents to be ejected by the gas.\" While\n\n<<<PAGE 2>>>\n\naerosols may contain a liquid, paste, or powder, they are considered gases for the purposes of the\nHMR.\nQ4. You ask if you can take the marine pollutant exception in§ 171.4(c)(2) for transportation by\ndomestic vessel of gases that meet the definition of a marine pollutant. You present an example\nof\"UN 1064, Methyl Mercaptan, 2.3 (2.1).\"\nA4. No. See Al.\nQ5. Ifl can take the exception in§ 171.4(c)(2) for domestic vessel transportation oflimited\nquantity aerosols that also meet the definition in § 171.8 of a marine pollutant, what are all the\nhazardous material markings, labels, placards, and shipping paper description requirements that\nare required for domestic vessel transportation?\nAS. No. See Al.\nQ6. If I cannot take the exception in§ 171.4(c)(2) for domestic vessel transportation oflimited\nquantity aerosols that also meet the definition in § 171.8 of a marine pollutant, what are the\nhazardous material marking, labeling, placarding, and shipping paper description requirements\nthat are required for domestic vessel transportation?\nA6. All hazard communication requirements of the HMR that generally apply to vessel\nshipments oflimited quantity and marine pollutants apply.\nQ7. The IMDG Code in 2.10.2.7 has a similar exception for marine pollutants to the HMR\n§ l 71.4(c)(2) exception. Are the HMR exceptions related to aerosols and gases consistent with\nthis exception in the IMDG Code?\nA 7. Yes. The HMR is consistent with the IMDG Code exception for marine pollutants.\nQ8. You present a scenario consisting of a package that contains a substance that meets the\ndefinition of a hazardous substance and a marine pollutant in § 171.8 that also meets the criteria\nto be offered as a limited quantity, and ask what are the hazardous materials marking,\nlabeling, placarding, and shipping paper description requirements when this package is offered\nfor transportation by domestic vessel. Specifically, you state you have a combination package\ncontaining \"UN3077, Environmentally hazardous substance, solid, n.o.s., 9, III,\" containing 30%\nCarbary!, a marine pollutant, and 70% Trifluralin, a hazardous substance.\nA8. All hazard communication requirements of the HMR that generally apply to vessel\nshipments of limited quantity, marine pollutant, and environmentally hazardous substance\nshipments apply. Marking requirements include the general marking requirements for non-bulk\n\n<<<PAGE 3>>>\n\npackagings (i.e. proper shipping name and UN identification number), see§ 172.301, the\nmarking of the name of the components in the mixture that are a hazardous substance and a\nmarine pollutant, see§§ 172.324 and 172.322, the marking of the package with the letters \"RQ\",\nsee § 172.324, the limited quantity marking on both the package and the cargo transport unit, see\n§ 172.315, and the marine pollutant marking on both the package and the cargo transport unit,\nsee § 172.322. This package would require a Class 9 label, see § 172.400. For domestic\ntransportation of Class 9 material no placard is required, see § 172.504. Several of the additional\ndescription requirements required on shipping papers are authorized to be placed in multiple\nlocations, either before or after or in association with the basic description. An example of one\nappropriate shipping paper description would be \"RQ, UN3077, Environmentally hazardous\nsubstance, solid, n.o.s. (Carbary!, Trifluralin), 9, III, Limited Quantity, Marine Pollutant,\" but as\nnoted some of the additional description requirements required for this shipment are authorized\nto be placed in other locations, see § 172.203.\nI hope this information is helpful. Please feel free to contact this Office if we can be of further\nassistance.\nSincerely,\nP~vLA.N~J\nDuane A. Pfund f .\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nGeller, Shelby CTR (PHMSA)\nThursday, March 31, 2016 2:05 PM\nHazmat Interps\nFW: Request for Letter of Interpretation for 49 CFR 171.4(c)(2) for UN1950 Aerosols that\nare Marine Pollutants\nUN1950 Aerosol Marine Pollutant Request for Letter of Interpretation 20160331.docx\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Mr. Kob spoke with Isaac Taylor in the HMIC.\nThanks,\nShelby\nFrom: Jason Kob [mailto:jason.kob@infotrac.net]\nSent: Thursday, March 31, 2016 9:04 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Letter of Interpretation for 49 CFR 171.4(c)(2) for UN1950 Aerosols that are Marine Pollutants\nRequest for letter of interpretation.\nI am submitting a request for a letter of interpretation.\nPlease forward this email/attachment to the appropriate people.\nThank you,\nJason Kob\nDirector of Environmental Regulatory Compliance\njason.kob@infotrac.net\nlnfotrac\n200 N. Palmetto St.\nLeesburg, FL 34748\nPhone: 1-352-323-3500\nFax: 1-352-323-0005\nCONFIDENTIAL: This electronic mail {including any attachments) may contain information that is privileged, confidential,\nand/or otherwise protected from disclosure to anyone other than its intended recipient{s). Any dissemination or use of\nthis electronic email or its contents (including any attachments) by persons other than the intended recipient(s) is\nstrictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we\nmay correct our internal records. Please then delete the original message {including any attachments) in its entirety.\nThank you .\n1\n\n<<<PAGE 5>>>\n\n3/31/2016\nJason Kob\nlnfotrac, Inc.\n200 N. Palmetto Street\nLeesburg, FL 34748\n352-323-3500\njason .kob@infotrac.net\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH -10\nEast Building\n1200 New Jersey Avenue, S.E.\nWashington, DC 20590-0001\nDear U.S. DOT:\nI am writing today to receive a letter of interpretation on the marine pollutant exception in 49 CFR 171.4(c)(2).\nI contacted the Hazardous Materials Information Center on two occasions and received different answers regarding\nthe applicability of the marine pollutant exception in 49 CFR 171.4(c)(2) for the tran sportation by domestic water of\nUN1950, Aerosols, 2.1, Limited Quantity or UN1950, Aerosols, 2.2, Limited Quantity that also meets the definition of\na marine pollutant as listed in 172.101 Appendix B.\n49 CFR 171.4(c) Exceptions states:\n(1) E xcept when all or part of the transportation is by vessel, the requirements of this subchapter specific to marine\npollutants do not apply to non-bulk packagings tran sported by motor vehicle, rail car or aircraft.\n(2) Single or combination packagings containing a net quantity per single or inner packaging of 5 Lor less for\nliquids or having a net ma ss of 5 kg or less for solids, are not subject to any other requirements of this subchapter\nprovided the packagings meet the general requirements in §§173.24 and 173.24a. This exception does not apply to\nmarine pollutants that are a hazardous waste or a hazardous substance. In the case of marine pollutants also\nmeeting the criteria for inclusion in another hazard class, all provisions of thi s subchapter relevant to any additional\nhazards continue to apply.\nAs noted above in 171.4(c)(2), liquids or solids are eligible for the marine pollutant exception, but I need clarification\nif aerosols and gases are also eligible for this marine pollutant exception since they are NOT explicitly mentioned .\nQuestion 1: Specifically, are aerosols and gases (e.g. cylinders) that are being shipped by domestic water included\nin the marine pollutant exception offered in 171.4(c)(2) or are they prohibited from taking advantage of the marine\npollutant exception?\nFor example, if I have a case of 12 x 12-ounce cans (.34 kg) of UN1950, Aerosols, 2.1, Limited Quantity that contain a\nknown marine pollutant (30% Heptane) as listed in the 49 CFR 172.101 Appendix B.\nAnswer:\nQuestion 2: May I take the marine pollutant exception in 171.4(c)(2) for UN1950, Aerosols, 2.1, Limited Quantity to\nget out of the marine pollutant requirements for domestic water?\nAs a result, I would not need to declare the marine pollutant technical name(s) \"(Heptane)\" and the words \" Marine\nPollutant\" on the vesse l shipping paper, I would not need the marine pollutant marking and the marine pollutant\ntechnical name(s) on the package markings, and I would not need the marine pollutant marking on the freight\ncontainer.\nAnswer:\n\n<<<PAGE 6>>>\n\n'.J .S. DOT\n[Recipient Name]\nPage 2\nAerosols are defined in 49 CFR 171.8 as \"Aerosol means any non-refillable receptacle containing a gas compressed,\nliquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division\n6.1 Packing Group Ill material) liquid, paste, or powder and fitted with a self-closing release device allowing the\ncontents to be ejected by the gas.\"\nQuestion 3: Are aerosols as defined in 171.8 liquids, solids, or gases?\nAnswer:\nQuestion 4: May I take the marine pollutant exception in 171.4(c)(2) for transportation by domestic water of gases\nthat meets the definition of a marine pollutant? For instance, if I have a 5 lb. cylinder containing a gas that is a\nmarine pollutant as listed in 49 CFR 172.101 Appendix B, such as UN1064, Methyl Mercaptan, :Z.3 (2.1)?\nAnswer:\nQuestion 5: If I CAN take the exception in 171.4(c)(2) for water transportation of UN1950, Aerosols, 2.1, Limited\nQuantity, what are all the hazardous material markings, labels, placards, and shipping paper description\nrequirements that are required for domestic vessel shipments?\nFor example, the limited quantity marking on the package and freight container, a dangerous goods document that\ndeclares it as UN1950, Aerosols, 2.1, Limited Quantity.\nAnswer:\nQuestion 6: If I CANNOT take the exception in 171.4(c)(2) for water transportation, what are all the hazardous\nmaterial markings, labels, placards, and shipping paper description requirements that are required for domestic\nvessel shipments?\nFor example, the limited quantity marking on the package and freight container, the marine pollutant marking on\nthe package and freight container, the marine pollutant technical name(s) \"(Heptane)\", proper shipping name, UN\nNumber on the package, a hazardous material shipping paper that declares it as \" UN1950, Aerosols (Heptane), 2.1,\nLimited Quantity, Marine Pollutant\"\n.\nAnswer:\nQuestion 7: IMDG Code 2.10.2.7 basically includes the same information as 49 CFR 171.4(c)(2), are the exceptions\nrelated to aerosols and gases consistent with this provision in the IMDG Code. ·\nAnswer:\nQuestion 8: If my limited quantity by water also meets the definition of a hazardous substance \"RQ\" as define in 49\nCFR 171.8 and 172.101 Appendix A, what are all the hazardous material markings, labels, placards, and shipping\npaper description requirements that are required for domestic vessel shipments for a 42 lb. combination packaging\ncontaining 4 x 10 lb. plastic inner packagings of UN3077, Environmentally Hazardous Substance, Solid, N.O.S., 9, Ill,\nLimited Quantity, where 30% Carbary! is the marine pollutant and where 70% Trifluralin is the hazardous substance?\nFor example, the limited quantity marking on the package and freight container, the marine pollutant marking on\nthe package and freight container, the marine pollutant technical name(s), proper shipping name, UN Number on\nthe package, a hazardous material shipping paper that declares it as \" UN3077, Environmentally Hazardous\nSubstance, Solid, N.O.S. (Carbary!, Trifluralin), 9, Ill, Limited Quantity, Marine Pollutant\".\nAnswer:\nIf you have any questions or need additional information, please let me know.\nI appreciate your help in answering these questions.\nSincerely,\nJason Kob\nDirector of Environmental Regulatory Compliance\nlnfotrac, Inc.","truncated":false,"body_characters":13835}