{"operation":"document","citation":"19-0105","title":"United Initiators, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-15","effective_on":null,"summary":"19-0105 response to United Initiators, Inc. concerning 172.407, 172.519.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73631/190105.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 15, 2020\nMr. Jeremy Pogorelec\nProduct & Process Chemist\nUnited Initiators, Inc.\n555 Garden Street\nElyria, OH 44035\nReference No. 19-0105\nDear Mr. Pogorelec:\nThis letter is in response to your emails from August 15 and 26, 2019, as well as your August 26,\n2019, telephone conversation with a member of my staff requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of\nInternational Maritime Dangerous Goods Code (IMDG Code) hazard class warning labels.\nSpecifically, you ask whether these labels may remain on packages of “UN3116, Organic\nperoxide, type D, solid, temperature controlled (Dimyristyl peroxydicarbonate), Division 5.2,”\nimported from Germany by vessel into the United States until these packages reach the final\ndestination indicated on the shipping document.\nYou have noted the following:\n• Your company is the final destination that appears on the shipping documents when the\norganic peroxide is sent from Germany to the United States.\n• The organic peroxide your company receives is not a marine pollutant.\n• Your company prepares new shipping documents to forward this material to your client, a\ndistributor that delivers the organic peroxide to an end user.\n• Sections 172.407(f) and 172.519(f) permit IMDG Code labels and placards, respectively,\nto be used in place of corresponding U.S. Department of Transportation (DOT) labels and\nplacards, but your client requests that your company cover each IMDG Code label with\nthe appropriate DOT label before the packages are transported in the United States. Your\nclient notes the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nclarification letter Reference No. 12-0253 supports this position by stating:\no If the shipping document identifies the shipment as a through-shipment and identifies\nthe final destination of the movement to be other than the logistic company’s\nterminal, the shipment may continue to that final destination point in accordance with\nthe IMDG Code.\no However, if the shipping document identifies the logistic company’s terminal as the\nfinal destination of the hazardous material, the shipment must be brought into full\ncompliance with the HMR prior to any further movement.\n\n<<<PAGE 2>>>\n\nThe answer is yes, the IMDG labels can remain on the packages you describe as long as they\naccurately reflect the hazardous contents of the packages. In this instance, DOT labels are not\nnecessary. The HMR contain exceptions concerning the labeling and placarding of hazardous\nmaterials during transportation. One exception permits a label, except for materials poisonous-\nby-inhalation, that conforms to applicable international requirements to be used in place of a\ncorresponding label that conforms to the HMR (see § 172.407(f)). This labeling exception is not\ncontingent on the use of international standards and may be applied to packages prepared solely\nin conformance with the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, August 16, 2019 3:41 PM\nHazmat Interps\nFW: Letter of Interpretation Request - United Initiators\nHi Alice and lkeya,\nPlease see the letter of interpretation request below.\nThank you,\nKathryn, HMIC\nFrom: Pogorelec Jeremy [mailto:J eremy.Pogorelec@united-in.com]\nSent: Thursday, August 15, 2019 11:35 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request - United Initiators\nHello!\nI am writing to you today to request a LOI on a particular situation I am in with one of my customers and we are looking\nfor guidance.\nI have spent a considerable amount of time recently researching personally and with PHMSA reps in order to find a\nsolution to our customer requesting us to relabel product with US DOT 5.2 labels.\nWe are getting in a product from Germany and our US customer (who is a distributor and NOT end user) is requiring us\nto slap a DOT label over the IMDG label. This is taking time and money to do this. Our customer has an Interpretation\nLetter from 2013 which states:\nThere ore, following vessel transport, if the shipping document identifJes the shipment as a\nthrough.shipment and identifies the final destination of the movement to be other than the\nlogistic company's terminal. the shipment may continue to that final destination point in\naccordance with the IMDG Code. However, if the shipping document iden ifies the logistic\ncompany's terminal. as the final destination of the hazardous material, the shipment must be\nbrought into full compliance with the HMR prior to any further movement.\nWhile I was searching into my own Interpretation Letter, I found paragraph (f) in §172.407 Label Specifications which\nstates:\n(f) Exceptions. Except for materials poisonous by inhalation (see §171.8 of this subchapter), a label\nconforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code,\nor the Transport Canada TOG Regulations (IBR, see §171. 7 of this subchapter) may be used in place of a\ncorresponding label that conforms to the requirements of this subpart.\n1\n\n<<<PAGE 4>>>\n\nanaravus materiale, \"copyried\nLEVIO\nModify, Clarify, or Eliminate Regulations\nA Rule by the Pipeline ant Hazardon Mater's Safety Arminalaten on 11/07/2018\nPUEN I SHE D DOCUMEN!\nDOCUMENT DE TAR S\nPrinted version:\nAGENCY:\nPOR\nPublication Date:\nPipeline and Hazardous Materials Safety Administration (PHNSA), DOT.\n1U0YQ018\nАрепсия:\nACTION:\nFinal rule.\nDates:\nEnoctve sae That nie is\nSUMMARY:\nfecive Decenter 7,2018\nIn this rulemaking, PHMSA is amending the Hazardous Materials Regolations in\nEnective Date:\n12/01/2018\nresponse to 19 petitions for rulemaking submitted by the regulated coramunity to\nupdate, clarify, streamline, or provide relief from miscellaneous regulatory\nDocument Type:\nrequirements. By adopting these deregulatory amendments, PHMSA is allowing\nDocument Citation:\nmore efficient and effective ways of transporting hazardous materials in\n83 FR 55792\ncommerce whlle maintaining an equivalent level of safety.\n85792-10611 (2Q pages)\nDATES:\nA9 CFR 121\nEffective date: This rule is effective December 7, 2018.\n49 CFR 172\n40 CFR 172\n49-08 Q 126\ne\nPage 55795 Section 3: INTERNATION LABEL AND PLACARD CONSISTENCY show when and how this paragraph (f) was\nmade.\n2\n\n<<<PAGE 5>>>\n\nUpon reviewing the petition, PHMSA found that the requested changes are likely\nto clarity some regulatory requirements and provisions that exist for the\ntransportation of hazardous materials internationally, and are not likely to be\nonerous or costly for the regulated community. In the NPRM, PHMSA proposed\nrevisions to 5$ 172,519(f) and 172:407(f) of the HMR to allow for the use of labels\nand placands conforming to the specifications in the UN Recommendations,\nICAO Technical Instructions, IMDG Code, or TDG Regulations.\nIn response to the proposed changes in the NPRM, PHMSA received comments\nfrom Clifford Bartley, Council on the Safe Transport of Hazardous Articles\n(COSTHA), and International Vessel Operators Dangerous Goods Association\n(IVODGA). All commenters expressed support for PHMSA adopting these\nprovisions as written. Additionally, COSTHA added that the proposed changes\nwould not increase the burden on shippers. PHNSA agrees with the commenters\nand is therefore incorporating the changes in 55172.519(f) and 172.407(D of the\nHMR as proposed.\nparagraph (f) in §172.519 General Specifications for placards states:\n(f) Exceptions. When hazardous materials are offered for transportation or transported under the provisions\nof subpart C of part 171 of this subchapter, a placard conforming to the specifications in the UN\nRecommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG\nRegulations (IBR, see §171.7 of this subchapter) may be used in place of a corresponding placard\nconforming to the requirements of this subpart. However, a bulk packaging, transport vehicle, or freight\ncontainer containing a material poisonous by inhalation (see §171.8 of this subchapter) must be placarded\nin accordance with this subpart (see §171.23(b)(10) of this subchapter).\n→I think the take away is the IMDG label is ok to be used to ship to our customer and then to end user as long as it is in\ncode with IMDG specifications.\nCan you please confirm:\n1. you have received this email\n2. an expected completion of the LOI\n3. eliminate any customer or product names if I missed them\nPlease let me know if there is anything else I can help with or clarify. Thank you!!\n\n<<<PAGE 6>>>\n\nJeremy Pogorelec\nProduct & Process Chemist\nTel (440) 326-2429\nMob (330) 685-6138\nFax (440) 723-2636\njeremy.pogorelec@united-in.com\nUnited Initiators, Inc.\n555 Garden Street\nElyria, Ohio 44035\nhttp ://www. united-initiators.com\nThis e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally\nprivileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must\nnot read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this\ntransmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-\nmail and delete the original transmission and its attachments without reading or saving in any manner. All technical or other advice by UI with respect to\nthe Product, whether or not at Buyer's request, its processing , further manufacture, other use or resale or otherwise, shall be deemed as being\nprovided gratis by Seller and Seller shall not be liable for such advice and the results thereof, Buyer assuming all risk as to such advice. Thank you .\n4","truncated":false,"body_characters":10163}