UL Materials and Supply Chain — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue,' SE Washington, DC 20590 SEP 16 2019 Kevin Skerrett, DGSA Senior Regulatory Specialist Regulatory Operations UL Materials and Supply Chain 23 British American Blvd. Latham, NY 12110 Reference No. 19-0090 Dear Mr. Skerrett: This letter is in response to your July 3, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials descriptions and proper shipping names. Specifically, you ask whether the description for "UNl 950, Aerosols, corrosive, Packing Group II or Ill (each not exceeding 1 L capacity)" may be modified on a shipping paper to read either "UNl 950, Aerosols, corrosive, Packing Group II (each not exceeding 1 L capacity)"; or "UNl 950, Aerosols, corrosive, Packing Group Ill (each not exceeding IL capacity)." You reference§ 172.101(c)(2), which states in part, the word "or" in italics indicates that there is a choice of terms in the sequence that may alternatively be used as the proper shipping name or as part of the proper shipping name, as appropriate. Your understanding is correct. In accordance with § 172.101 ( c )(2), you may choose either of those descriptions referenced above for the shipping paper, depending on which one correctly identifies the material based on the packing group of the corrosive hazard. In this instance, there is a choice of terms in the sequence that may be alternatively used as part of the proper shipping name, although not required. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2~ ~ I '13 -Joi (c)u.) Dodd, Alice (PHMSA) )q -CXY1D -------------------------------------------- From: Sent: To: Subject: INFOCNTR (PHMSA) Friday, July 05, 2019 2:44 PM Hazmat Interps FW: Request for Letter of Interpretation Hi Alice and lkeya, Please see the request for a letter of interpretation below. Sincerely, Lynsie, HMIC From: Skerrett, Kevin [mailto :Kevin.Skerrett@ul.com] Sent: Wednesday, July 3, 2019 4:35 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Question about optional text for UN1950 corrosive Earlier today I called to confirm that when the optional (italicized) description for a PSN is used on a shipping paper, it must all be used, or none of it. Interpretation 18-0052 was referred to, with its reference to {49CFR 172.101(1)(2)}. The example I asked about was UN1950 Aerosols, flammable, (each not exceeding 1 L capacity}, where the part in italics had to all be used, not just "flammable" . I have a related question for UN1950 Aerosols, corrosive, Packing Group II or Ill, (each not exceeding 1 L capacity}. QUESTION : Can the description be modified to only refer to the Corrosive Packing Group that actually applies, rather than the full text that refers to both? The prohibition on alteration for the description is for any modifications beyond those that "may otherwise be required or authorized" elsewhere (per {173 .lOl(c)} In {173.101(c)(2)} I find: "Punctuation marks and words in italics are not part of the proper shipping name, but may be used in addition to the proper shipping name. The word "or" in italics indicates that there is a choice of terms in the sequence that may alternately be used as the proper shipping name or as part of the proper shipping name, as appropriate. For example, for the hazardous materials description "Carbon dioxide, solid or Dry ice" either "Carbon dioxide, solid" or "Dry ice" may be used as the proper shipping name; and for the hazardous materials description "Articles, pressurized pneumatic or hydraulic," either "Articles, pressurized pneumatic" or "Articles, pressurized hydraulic" may be used as the proper shipping name." But in both examples given above, Carbon dioxide, solid or Dry ice Articles, pressurized pneumatic or hydraulic containing non-flammable gas The italicized "or" appears between two entries in Roman type. UN1845 UN3164 In the PSN example I now ask about: Aerosols, corrosive, Packing Group II or Ill, (each not exceeding 1 L capacity}. The "or" is in italics between text that is ALSO in italics. Similar examples are: Ammonium picrate, dry or wetted with less than 10 percent water, by mass UN1950 UN0004 1#

Page 3Asbestos, amphibole amosite, tremolite, actinolite, anthophyllite, or crocidolite Asphalt, at or above its flash point Carbon, animal or vegetable origin Cerium, slabs, ingots, or rods UN2212 NA1999 UN1361 UN1333 Does {173 .101(c)(2) extend to these examples, or only to PSN options that appear in Roman type? Are the following acceptable: Aerosols, corrosive, Packing Group II, (each not exceeding 1 L capacity). Aerosols, corrosive, Packing Group Ill, (each not exceeding 1 L capacity). Or only: Aerosols, corrosive, Packing Group II or Ill, (each not exceeding 1 L capacity). Thank you for your assistance with this issue! Kevin Skerrett, DGSA Senior Regulatory Specialist Regulatory Operations UL Materials & Supply Chain UL 23 British American Blvd. Latham, NY 12110, USA T: +15186409287 W: psi.ul.com NAVIGATOR0 Your gateway to regulatory compliance Concise chemical regulatory summarie$ for over 50 countries, compiled in one place. Create a free account on UCs Product This e-mail may contain privileged or confidential information. If you are not the intended recipient: (1) you may not disclose, use, distribute, copy or rely upon this message or attachment(s); and (2) please notify the sender by reply e- mail, and then delete this message and its attachment(s). Underwriters Laboratories Inc. and its affiliates disclaim all liability for any errors, omissions, corruption or virus in this message or any attachments. 2#