{"operation":"document","citation":"17-0005","title":"Entegris — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-31","effective_on":null,"summary":"17-0005 response to Entegris concerning 171.23, 171.8, 173.227.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170005.pdf","body":"<<<PAGE 1>>>\n\nEHS&S Specialist - DG & Product Compliance\nEntegris\n706 Houston Clinton Drive\nBurnet, TX 78611\nReference No. 17-0005\nDear Mr. Yarbrough:\nThis letter is in response to your January 16, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging and\ntransport of a material poisonous-by-inhalation, Division 6.1, Packing Group I, Hazard Zone B.\nSpecifically, you point to the packaging configuration in § 173.227(c), which authorizes use of\nUnited Nations (UN) performance oriented single packaging when blocked and braced in a\ntransport vehicle, not stacked, and the shipment is \"from one origin to one destination only\nwithout any intermediate pickup or delivery.\"\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if a \"shipping container\" (i.e., a freight container) meets the definition of a\n\"transport vehicle\" as specified in § 173.227(c).\nA1.\nThe answer is no. As defined in § 171.8, a \"freight container\" means a reusable container\nhaving a volume of 64 cubic feet or more, designed and constructed to permit being lifted\nwith its contents intact and intended primarily for containment of packages during\ntransportation. A \"transport vehicle\" is defined as a cargo-carrying body such as an\nautomobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation\nof cargo by any mode. As a freight container is not a cargo-carrying body used for the\ntransportation of cargo, it would not meet the definition of a transport vehicle.\nQ2. You ask if a sealed freight container loaded on a vessel during the course of\ntransportation to its final destination meets the requirement in § 173.227(c) that\n\"shipments must be from one origin to one destination only without an intermediate\nA2.\nThe answer is no. As a freight container does not meet the definition of a transport\nvehicle, the shipment does not meet all of the criteria in § 173.227(c) (see A1).\n\n<<<PAGE 2>>>\n\nvehicle is still en route to the final destination indicated on the shipping document,\npackage marking, or other medium, and the drums remained sealed inside the transport\nvehicle, it will still comply with the packaging requirements of § 173.227(c). Please note\nthat the shipment must still meet all applicable domestic and international requirements\n(see A3).\nQ3.\nYou ask if a shipment of a material poisonous-by-inhalation, Division 6.1, Packing\nGroup I, Hazard Zone B packaged per § 173.227(c) would be authorized for international\nvessel transportation.\nA3.\nThe answer is yes, provided the packaging also conforms to international regulations.\nIn accordance with § 171.23(a)(10)(ii), a material poisonous-by-inhalation must be\npackaged in accordance with the requirements of the HMR. Therefore, if the shipment\nmeets applicable HMR requirements in addition to the packaging requirements of\n§ 173.227(c), the shipment is authorized. Please note this entails compliance with the\nInternational Maritime Dangerous Good (IMDG) Code for the transportation of the\nmaterial in order to be authorized.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFlag Status:\nFlagged\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Yarbrough spoke with Jodi.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Quentin Yarbrough [mailto:quentin.yarbrough@entegris.com]\nSent: Monday, January 16, 2017 12:49 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: PIH/TIH international\nImportance: High\nDear Sir/Madam,\nRegarding international shipments of material toxic by inhalation hazard zone B.\n173.227.(c)\n(c) 1A1, 1B1, 1H1, 1N1, 6HA1 or 6HH1 drums described in paragraph (b) of this section may be used without being\nfurther packed in a 1A2 or 1H2 drum if the shipper loads the material, blocks and braces the drums within the transport\nvehicle and seals the transport vehicle used. Drums may not be stacked (double decked) within the transport vehicle.\nShipments must be from one origin to one destination only without any intermediate pickup or delivery.\nQuestions:\n1. For an international shipment does a shipping container meet the definition of \"transport vehicle\" and\nbe allowed?\n2. After sealing the container for shipment to a customer overseas would the holding and loading onto\nthe vessel for shipment... be compliant with the one origin to one destination rule?\nPlease call for any clarification needed.\nThank you","truncated":false,"body_characters":4591}