{"operation":"document","citation":"17-0096","title":"Tracerco — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-04-13","effective_on":null,"summary":"17-0096 response to Tracerco concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57776/170096.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAPR 1 3 2018\nAndrew Booton\nOperations Manager\nTracerco\n4106 New West Drive\nPasadena, TX 77507\nReference No. 17-0096\nDear Mr. Booton:\nThis letter is in response to your August 24, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities\nof compressed gas. You describe a scenario in which your facility will be shipping \"UN1971,\nNatural gas, compressed\" in U.S. Department of Transportation (DOT) 3E specification\ncylinders to your laboratories for analysis. Each cylinder will have a volume (meaning capacity)\nof less than 4 fluid ounces; will have a service pressure of 1,800 psi; and will be placed in\nhard-plastic cases with foam inners to meet the strong outer packaging requirements.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if a shipment of approximately 20 cylinders in hard-plastic cases, with each case\nhaving a gross weight of less than 30 kg (66 pounds), would be excepted from the\nlabeling and shipping paper requirements as prescribed in § 173.306.\nA1.\nBased on the scenario you provided, the subsequent phone conversation with a member\nof my staff regarding the clarification and meaning of the word \"volume\" versus\n\"capacity,\" and the provisions found in § 173.306(a)(1), your shipment would be\nexcepted from the labeling (unless the material is offered for transportation or transported\nby aircraft) and specification packaging requirements. The material must be packaged in\ncontainers meeting the capacity requirements of § 173.306(a)(1) of not more than 4 fluid\nounces and the completed package may not exceed 30 kg (66 pounds) gross weight.\nAdditional exceptions for limited quantities of compressed gas meeting (a)(1) are found\nin § 173.306(i) including exception from shipping paper requirement, if the package and\ntransport meets the conditions in paragraph (i). Note, you are not required to use\nspecification packaging (e.g., DOT 3E); however, if you choose to use this type of\npackaging as the container and represent it as a DOT 3E as qualified for transportation,\nyou must adhere to the specification and continued service requirements for a DOT 3E\ncylinder. Otherwise, you must obliterate or cover the markings that indicate it is a DOT\n3E cylinder qualified for transportation.\n\n<<>>\n\nQ2.\nYou ask if § 173.306(a)(2) would be applicable to your packaging of \"UN1971.\"\nA2.\nThe requirements of § 173.306(a)(2) are for refillable metal containers that are filled with\na material that is not classed as a hazardous material and then charged with a non-\nflammable (non-poisonous), non-liquefied gas. Based on the information you have\nprovided, the material you have is a Division 2.1 flammable gas and, therefore, would not\nbe eligible for § 173.306(a)(2).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n)er Kindere\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n5 | 73.306\nLumited Quarty\nDodd, Alice (PHMSA)\n17-0096\nFrom:\nINFOCNTR (PHMSA)\nSent:\nTo:\nThursday, September 14, 2017 10:47 AM\nHazmat Interps\nSubject:\nFW: Letter of Interpretation Request regarding 49 CFR 173.306.\nHi Alice,\nPlease submit this as a letter of interpretation. I was not able to reach Mr. Booton via telephone or email to confirm he\nneeded a written response to his questions. Please let me know if you have any questions.\nThank you,\nJodi\nFrom: Andrew Booton [mailto:Andrew.Booton@tracerco.com]\nSent: Thursday, August 24, 2017 6:59 PM\nTo: PHMSA HM InfoCenter \nSubject: Letter of Interpretation Request regarding 49 CFR 173.306.\nMy request for interpretation is in regards to limited quantity shipments of compressed gases, flammable Class 2.1\nAs part of our operations we intend to ship by ground, compressed gas samples UN1971 Natural Gas (Hazard Class2.1)\nfrom various location across USA to our laboratory for analysis.\nWe intend to use DOT-3E Specified Cylinders with a volume less than 4 fluid ounces with a service pressure of 1800psi.\nApproximately 20 cylinders with compressed gas (Flammable Typically UN1971) with internal pressure up to 1800\nPSI would be placed in a hard plastic case that meets 49CFR 173 subpart B (strong outer packaging, with foam inner to\nprovide stable support of the cylinders). With a gross weight of the package less than 30 KG.\n1) Referring to 49 CFR 173.306 we believe that it is possible to ship this package by ground transport in limited\nquantities and be excepted from labelling requirements and not subject to shipping paper requirements but\nshould show the limited quantity marking. Is this interpretation correct?\n2) Does 49 CFR 173.306(a)(2) pertain to this type of shipment? If so in what ways? Your interpretation on this part\nwould be helpful.\nYour responses to the above 2 question would be greatly appreciated. If you have any further questions for clarification\nplease contact me by email or telephone.\nRegards\nAndrew Booton\nOperations Manager\nTracerco\nProviding Insight Onsite\nTracerco\n4106 New West Drive\nPasadena, TX 77507\n1\n\n<<>>\n\nT: 281-291-7769\nM: 281-682-2956\nAndrew. Booton@tracerco.com\nwww.tracerco.com\nIf the reader of this email is not the intended recipients), please be advised that any dissemination, distribution or\ncopying of this information is strictly prohibited. Johnson Matthey PLC has its main place of business at 5th Floor, 25\nFarringdon Street, London (020 7269 8400).\nJohnson Matthey Public Limited Company Registered Office: 5th Floor, 25 Farringdon Street, London EC4A 4AB.\nRegistered in England No 33774\nWhilst Johnson Matthey aims to keep its network free from viruses you should note that we are unable to scan certain\nemails, particularly if any part is encrypted or password-protected, and accordingly you are strongly advised to check\nthis email and any attachments for viruses. The company shall NOT ACCEPT any liability with regard to computer viruses\ntransferred by way of email.\nPlease note that your communication may be monitored in accordance with Johnson Matthey internal policy\ndocumentation.\n2\n\n<<>>","truncated":false,"body_characters":6302}