{"operation":"document","citation":"16-0171","title":"Alaska Airlines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-15","effective_on":null,"summary":"16-0171 response to Alaska Airlines, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0171.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0171.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0171","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160171.pdf","body":"<<<PAGE 1>>>\n\nManager Dangerous Goods\nAlaska Airlines, Inc.\nP.O. Box 68900 - SEADG\nSeattle, WA 98168\nReference No. 16-0171\nDear Mr. Tobin:\nThis letter is in response to your October 19, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to materials subject\nto transport regulations by air. You describe in your email a scenario in which a ramp service\nagent experienced burning of the eyes and throat after having entered the lower cargo\ncompartment on a passenger-carrying aircraft, where he was exposed to a material leaking from\na drum. You further explain that while the drum contained formalin mixed with sea water to a\n4% concentration that was not regulated in accordance with special provision A189, the effect\nexperienced by the agent is more aligned with special provision A35. Specifically, you state\nyour belief that special provisions A35 and A189 assigned to \"UN 3334, Aviation regulated\nliquid, n.o.s. (formalin)\" create confusion and ask if either special provision supersedes the other\nin this instance.\nUnder the Hazardous Materials Table (HMT) in § 172.101, \"UN 3334, Aviation regulated liquid,\nn.o.s.\" is listed as a Class 9 material and is assigned special provisions A35 and A189. By\ndefinition, Class 9 means a material which presents a hazard during transportation but which\ndoes not meet the definition of any other hazard class. This class includes \"any material which\nhas an anesthetic, noxious or other similar property which could cause extreme annoyance or\ndiscomfort to a flight crew member so as to prevent the correct performance of assigned duties.\"\nSpecial provision A189 explains that concentrations of formaldehyde solution with less than\n10% formaldehyde and, in this instance, formalin solution (i.e., 1-2% formaldehyde solution) are\ngenerally not subject to the HMR. Nonetheless, it is the shipper's responsibility to properly\nclassify their material. Special provision A35 explains that material described as \"Aviation\nregulated liquid\" would create discomfort to crew members on an aircraft, preventing the correct\nperformance of assigned duties in the event of spillage or leakage of the material.\n\n<<<PAGE 2>>>\n\nChiet, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. I have done some looking into Mr. Tobin's inquiry.\nPlease let me know if you have any questions.\nThanks,\njordan\nFrom: Mike Tobin [mailto:Mike. Tobin@AlaskaAir.com]\nSent: Wednesday, October 19, 2016 11:21 AM\nTo: PHMSA HM InfoCenter\nSubject: request for interpretation\nHi, please find attached a request for interpretation regarding the 2 special provisions applied to UN 3344.\nThank you.\nMike\nMichael G. Tobin, CHMM\nManager Dangerous Goods\nBoard member, IATA Dangerous Goods BoardAlaska Airline |\nP 206.392.7854\nF 555-555-5555 C 555-555-1234\nmike.tobin@alaskaair.com\nP.O. Box 68900 - SEADG\nOptional Street Line\nSeattle, WA 98168\nalaskaair.com\nAlaska®\nAIRLINES\nincluding 49 U.S.C. 40115 and 40123, 14 CFR 193, 49 CFR 7.29 and 5 U.S.C. 552(b), and applicable state laws. This document is released with an expectation of\nWarning: Any safety-related, security-related and/or commercial information in this document is considered proprietary and is exempt from disclosure under federal law,\nconfidential treatment.\n1\n\n<<<PAGE 4>>>\n\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001.\nAlaska Airlines, Inc. (\"Alaska\") respectfully requests an answer to the question:\nDoes special provision A35 supersede A189 regarding classification of UN 3334 Aviation regulated liquid?\nWe had an incident onboard an aircraft and reported it to the FAA hazardous materials office and via DOT\nForm 5800.1 A ramp service agent entered the lower cargo compartment on a passenger-carrying aircraft\nand within 10 seconds experienced burning in their eyes and throat. They exited the aircraft and tried again\nafter donning mask and goggles, but again could not stay. The airport fire department had to respond and\nunload the aircraft wearing self-contained breathing apparatus. A 5-gallon plastic drum was found to be\nleaking. Our airline paid two cleanup vendors to render the aircraft and all the contaminated baggage safe.\nThe shipper stated they mixed formalin with sea water to about a 4% concentration. They stated they\nchecked the US regulations and that their material was not regulated hazmat. However, the effect on our\npersonnel aligns with SP A35. On the last page of this letter are extracts from one SDS classifying \"formalin\n10%\" with a 3-4% concentration of formaldehyde as UN 3334. We believe that is correct.\nPHMSA in Interpretation 01-0271 stated, \"it is the opinion of this Office that formaldehyde solutions with less than\n10% formaldehyde mixed with non-hazardous materials do not meet the definition of a Class 9 hazardous material\nand, provided they do not meet any other hazard class, are not subject to the HMR\"\nTwo disparate special provisions applied to UN 3334 in the HMR appear to create confusion, so we kindly\nrequest an interpretation on this.\nICAO does not have both special provisions applied to UN 3334, the <10% formaldehyde special provision is\napplied to a non-proper shipping name entry of formaldehyde solution. This seems to be more logical.\nCitations from both regulations appear on the next page.\nThank you for your consideration. If you have any questions, please feel free to contact me. If an\ninterpretation will just reiterate the 2001 interpretation, please consider this as a petition for rulemaking to\npermit regulation of concentrations less than 10% formaldehyde.\nSincerely,\nThe Soon\nMike Tobin, CHMM\nManager Dangerous Goods\nAlaska Airlines, Inc. - SEADG\nmike.tobin@alaskaair.com\nPO Box 68900 - SEADG, Seattle, WA 98168\nP 206.392.7854\n\n<<<PAGE 5>>>\n\n49CFR §9 172.101 and 172.102\nUN 3334 Aviation regulated liquid, n.o.s.\nA35\nThis includes any material which is not covered by any of the other classes but which has an\nanesthetic, narcotic, noxious or other similar properties such that, in the event of spillage or\nleakage on an aircraft, extreme annoyance or discomfort could be caused to crew members\nso as to prevent the correct performance of assigned duties.\nA189\nExcept where the defining criteria of another class or division are met, concentrations of\nformaldehyde solution:\na. With less than 25 percent but not less than 10 percent formaldehyde, must be described as\nUN3334, Aviation regulated liquid, n.o.s.; and\nb. With less than 10 percent formaldehyde, are not subject to this subchapter.\nICAO TI Table 3.1 and Chapter 3\nUN 3334 Aviation regulated liquid, n.o.s.\nThis includes any material which is not covered by any of the other classes but which has an\nanesthetic, narcotic, noxious or other similar properties such that, in the event of spillage or\nleakage on an aircraft, extreme annoyance or discomfort could be caused to crew members\nso as to prevent the correct performance of assigned duties.\nThe following is not a proper shipping name, it is in light face type with just the explanatory in column\n7.\nFormaldehyde solution with less than 25 percent formaldehyde\nA189\nExcept where the defining criteria of another class or division are met, concentrations of\nformaldehyde solution:\na. With less than 25 percent but not less than 10 percent formaldehyde, must be described as\nUN3334, Aviation regulated liquid, n.o.s.; and\nb. With less than 10 percent formaldehyde, are not subject to this subchapter.\nPO Box 68900 - SEADG, Seattle, WA 98168\nP 206.392.7854\n\n<<<PAGE 6>>>\n\nProduct Name\nFormalin Solution 10%\nNeutral Buff. pH 7.0\nComponent\nCAS #\nOSHA PEL\nACGIH TLV\nRecommended\nOther Limits\nPercent\nFormaldehyde\n50-00-0\n0.75 ppm\nc 0.3 mg/m?\n3-4\nSection 14. Transport Information\nGROUND SHIPMENTS:\nNot regulated\nAIR SHIPMENTS:\nAviation Regulated Liquid n.o.s.\n(formaldehyde), 9,\nUN3334\nNOTE:\nIt is ultimately the shippers responsibility to make hazard class\ndetermination based on their best information available.\nIt is, of course, the shipper's responsibility to correctly classify hazardous materials - but how do they know\nin the case of formalin and what kinds of effects any product might have to trigger SP A35?\nNote - this product may not have been the material in the buckets on our flight, it is used for illustrative\npurposes only.\nSource:\nhttps://www.aphis.usda.gov/animal_health/lab_info_services/downloads/MSDS_Formalin.pdf\nPO Box 68900 - SEADG, Seattle, WA 98168\nP 206.392.7854","truncated":false,"body_characters":8610}