{"operation":"document","citation":"19-0130","title":"Matson — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-02-19","effective_on":null,"summary":"19-0130 response to Matson concerning 176.200, 176.80.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73522/190130.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFebruary 19, 2020\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nClifford Bartley\nMatson\n426 N 44th Street\nSuite 250\nPhoenix, AZ 85008\nReference No. 19-0130\nDear Mr. Bartley:\nThis letter is in response to your December 5, 2018, letter and subsequent phone conversations\nwith my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to limited quantity shipments by vessel. You explain that your\ncompany ships Division 2.1 aerosol cans by vessel as a limited quantity material, noting that the\naerosol cans are transported in temperature controlled refrigerated containers.\nYour questions are paraphrased and answered as follows:\nQI: You reference both§ 176.80, which states that cargo moving in limited quantities is\nexempt from the segregation requirements, when loaded in transport vehicles and fright\ncontainers and§ 176.200(t), which states that Class 2 flammable materials shipped by\nvessel may only be shipped in a power refrigerated temperature controlled container that\nhas equipment capable of preventing ignition of flammable vapors by having a non-\nsparking or explosion-proof electric fitting with the cooling compartment. Specifically,\nyou ask whether the requirements in § 176.200(t) of the HMR apply to limited quantity\nshipments of Division 2.1 flammable gases. ·\nAl: The answer is yes. of a Division 2.1 flammable gas.\nThe requirements of§ 176.200(t) would apply to limited quantities\nQ2: You reference the International Maritime Dangerous Goods (IMDG) Code, noting that\nsections 3.4.3 and 3.4.4 exempt limited quantity shipments from stowage and\nsegregation. You also express your belief that section 7.3.7 does not apply to limited\nquantity shipments by vessel. Specifically, you ask whether limited quantities can be\nshipped in accordance with the IMDG Code if at least one leg of the transport is by vessel\nand, if so, whether the shipment would be subject to the provisions in section 7.3. 7.6.3 of\nthe IMDG Code.\n\n<<<PAGE 2>>>\n\nA2: The answer is yes. Provided at least one leg of transport is by vessel, limited quantities\ncan be shipped in accordance with the IMDG Code. While you are correct that limited\nquantities of hazardous materials shipped under the IMDG Code are exempt from\nstowage and segregation requirements, limited quantity shipments of Division 2.1\ncompressed gases would still be subject to the requirements in section 7.3.7.6.3. Similar\nto§ 176.200(±) of the HMR, section 7.3.7.6.3 of the IMDG Code requires use of\nexplosion proof electrical fittings when flammable gases are shipped in containers that\nrequire temperature control for commercial reasons, rather than safety reasons.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDecember 5, 2018\nMatson, ,\nClifford Bartley\nManager Dangerous Goods\n426 N. 44th Street\nSuite 250\nPhoenix, AZ85008\nMr. Shane Kelley, Director\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10, U.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRequest for a \"Letter oflnterpretation\"\nDear Mr. Kelley:\nMatson is one of the United States largest American Flag vessel carriers. Our vessels provide the transportation\nneeds for the Jones Act locations of Hawaii, Alaska and Guam as well as servicing some of the international\ncargo transportation needs of foreign locations off the west coast. As a US Flag carrier who also services the\ninternational community, we are regularly challenged in meeting the regulatory requirements of the HMR and\nthe IMDG Code as we seek to provide the transportation needs of Jones Act locations that depend on the\nshipping industry for their survival. Ensuring regulatory compliance in a dynamic regulatory environment\nsometimes lead to finding gaps caused by unintentional consequences of regulatory changes.\nThe offshore domestic locations have been serviced by domestic water carriers for well over 50 years. Many\nproducts that originally moved under the ORM-D classification now moves as Limited Quantities. These\nproduct are of various hazmat classes. These products initially moved without shipping paper by highway, rail\nand water but under the reclassification scheme, they now move with hazmat documentation by vessel. This\nhas caused a potential issue with the class 2.1 aerosols that now move under the \"Limited Quantity\" exception\nin refrigerated containers. I am writing for a \"Letter oflnterpretation\" to clarify the issue of \"Limited\nQuantities\" in refrigerated containers.\nMy question is can class 2.1 Limited Quantity cargo be transported in temperature controlled refrigerated\ncontainers?\nMany of the food supplies have in the past shipped the \"Reddi Whip\" and other 2.1 products that have a\nflammable gas propellent in temperature controlled refrigerated containers. Products of this nature and others\nnow move under the \"Limited Quantity\" exception. Other non-food suppliers ship these 2.1 products in reefers\nto places like Alaska to maintain the stability of the products. If they become too cold, they are unusable for the\npurpose intended.\nThe IMDG Code exempts \"Limited Quantity\" shipments from stowage and segregation in parts 3.4.3 and 3.4.4.\nIt also specifically states parts 7.2 thru 7.7 does not apply. Part 7.3.7 \"Cargo Transport Units Under\nTemperature Control\" does not apply.\npg. 1\n\n<<<PAGE 4>>>\n\nIn 49CFR, 176.80 states that cargo moving in limited quantities are exempt from the segregation requirements.\nThe regulations in 49CFRI 76.200(f) read as follows:\n(f) Class 2 (compressed gas) material must be kept as cool as practicable and be stowed away from all sources of\nheat and ignition. Any package containing a Division 2.1 (flammable gas) material is restricted from transport in\npowered refrigerated temperature controlled containers, unless the equipment is capable of preventing ignition of\nflammable vapors by having non-sparking or explosion-proof electric fittings within the cooling compartment\nDoes this apply to the stowage of cargo moving under \"Limited Quantities\"?\nIf 49CFRI 76.200(f) does apply to limited quantity cargo, can the shipments of limited quantities in which at\nleast one leg of the transport ship and be stowed in accordance with the IMDG Code which allows \"Limited\nQuantity\" cargo to move in refrigerated containers without exception?\nThese shipment has move as ORM-D for many years under the radar without any shipping papers or any known\nincidents by vessel. It is our wish to continue to safely service the Jones Act communities with these products.\nWe value your guidance on these questions.\nSincerely,\nClifford Bartley\nManager Dangerous Goods\nMatson\ncbartley@matson.com\nPh.: 1-480-428-9286\npg. 2\n\n<<<PAGE 5>>>\n\nPart 3 - Dangerous Goods List, special provisions and exceptions\n3.4.4.2\nThe segregation provisions of chapter 7.2 to 7.7 including the segregation provisions in column 16b of the\nDangerous Goods List are not applicable for packagings containing dangerous goods in limited quantities\nor in relation to other dangerous goods. However, articles of division 1.4, compatibility group S shall not\nbe stowed in the same compartment or hold, or cargo transport unit with dangerous goods of class 1 of\ncompatibility groups A and L.\n3.4.5\n3.4.5.1\nMarking and placarding\nExcept for air transport, packages containing dangerous goods in limited quantities shall bear the mark\nshown below:\n3.4.5.2\n. Mark for packages containing limited quantities\nThe mark shall be readily visible, legible and able to withstand open weather exposure without a substantial\nreduction in effectiveness. The mark shall be In the forin of a square set at an angle of 45° (diamond-shaped).\nThe top and bottom portions and the surro1, mdlng line\nshall be black. The centre area shall be white or a\n_\nsuitable contrasting background, The mlnimLJm dimensions shall be 100 mm x 100 mm and the minimum\nwidth of the line forming the diamond shail be 2 mm. Where dimensions are not specified, all features shall\nbe in approximate proportion to those.shown. If the size of the package so requires, the minimum outer\ndimensions shown above may be reduced to be_ hot less than 50 mm x 50 mm provided the mark remains\nclearly visible. The minimum width of the line forming the diamond may be reduced to a minimum of 1 mm.\nPackages containing dangerous goods packed in conformity with the provisions of part 3, chapter 4 of the\nICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air may bear the mark shown\nbelow to certify conformity with these provisions:\nMark for packages containing limited quantities conforming to part 3, chapter 4 of\nthe ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air\nThe mark shall be readily visible, legible and able to withstand open weather exposure without a substantial\nreduction in effectiveness. The mark shall be in the form of a square set at an angle of 45° (diamond-shaped).\nThe top and bottom portions and the surrounding line shall be black. The centre area shall be white or a\nsuitable contrasting background. The minimum dimensions shall be 100 mm x 100 mm and the minimum\nwidth of the line forming the diamond shall be 2 mm. The symbol \"Y\" shall be placed in the centre of the\nmark and shall be clearly visible. Where dimensions are not specified, all features shall be In approximate\nproportion to those shown. If the size of the package so requires, the minimum outer dimensions shown\n226\nIMDG Code (incorporating amendment 39-18)\n\n<<<PAGE 6>>>\n\nChapter 3.4\nDangerous goods packed in limited quantities\n3.4.1\n3.4.1.1\n3.4.1.2\nGeneral\nThis chapter provides the provisions applicable to the transport of dangerous goods of certain classes\npacked in limited quantities. The applicable quantity limit for the Inner packaging or article Is specified for\neach substance in column 7a of the Dangerous Goods List of chapter 3.2. In addition, the quantity \"0\" has\nbeen indicated in this column for each entry not permitted to be transported in accordance with this chapter.\nLimited quantities of dangerous goods packed in such limited quantities, meeting the provisions of this\nchapter, are not subject to any other provisions of this Code except the relevant provisions of:\n.1 .3 .4 .5 .6 .7 Part 1, chapters 1.1, 1.2 and 1.3;\n.2 Part2;\nPart 3, chapters 3.1 , 3.2, 3.3;\nPart 4, 4.1.1 .1, 4.1.1.2 and 4.1.1.4 to 4.1.1 .8;\nPart 5, 5.1.1 except 5.1.1.6, 5.1.2.3, 5.2.1.7, 5.2.1.9, 5.3.2.4, and chapter 5.4;\nPart 6, construction requirements of 6.1 ,4, 6.2.1.2 and 6.2.4;\nPart 7, 7.1.3.2, 7.6.3.1 and 7.3 except 7.3.3.15 end 7.3.4.1.\n' ~ \" \\;. \\,\n3.4.2\n3.4.2.1\n3.4.2.2\n3.4.2.3\nPacking\nDangerous goods shall be pecked only i n Inner packagings placed in suitable outer packagings. Intermediate\npackagings may be used. In addition,· for articles of division 1.4, compatibility group S, the provisions of\nsection 4.1.5 shell be fully complied with. The use of inner packagings Is not necessary for the transport of\narticles such es aerosols or \"receptacles, small, containing gas\". The total gross mass of the package shall\nnot exceed 30 kg.\nExcept for articles of division 1.4, compatibility group S, shrink-wrapped or stretch-wrapped trays meeting\nthe conditions of 4.1.1.1 , 4.1.1.2 and 4.1.1.4 to 4.1 .1.8 ere acceptable as outer packagings for articles or inner\npackagings containing dangerous goods transported in accordance with this chapter. Inner packagings that\nere liable to break or be easily punctured, such as those made of glass, porcelain, stoneware or certain\nplastics, shall be placed in suitable Intermediate packagings meeting the provisions of 4.1.1.1, 4.1.1.2 and\n4.1 .1.4 to 4.1.1.8, and be so designed that they meet the construction requirements of 6.1.4. The total gross\nmass of the package shall not exceed 20 kg.\nLiquid goods of class 8, packing group II in glass, porcelain or stoneware inner packagings shall be enclosed\nin a compatible and rigid intermediate packaging.\n3.4.3\nStowage\nDangerous goods packed in limited quantity are allocated stowage category A as defined in 7.1.3.2. The other\nstowage provisions indicated in column 16a of the Dangerous Goods List are not applicable.\n3.4.4\n3.4.4.1\nSegregation\n. Different dangerous substances in limited quantities may be packed in the same outer packaging, provided:\n.1 the substances comply with the provisions of 7.2.6.1; and\n.2 the segregation provisions of chapter 7.2, including the segregation provisions In column 16b of the\nDangerous Goods List, are taken into account. However, notwithstanding the individual provisions specified\nIn the Dangerous Goods List, substances in pecking group Ill within the same class may be packed\ntogether subject to compliance with 3.4.4.1.1 of the IMDG Code. The following statement shall be included\nin the transport document: \"Transport in accordance with 3.4.4.1.2 of the IMDG Code\" (see 5.4.1.5.2.2).\nIMDG Code (incorporating amendment 39-18) 225\n\n<<<PAGE 7>>>\n\nChapter 7.3 - Consigning operations concerning the packing and use of CTUs\n7.3.4.2\n!::, 7.3.4.2.1\n7.3.4.2.2\nSegregation in relation to foodstuffs\nDangerous goods having a primary or subsidiary hazard of classes 2.3, 6.1, 6.2, 7 (with the exception of\nUN 2908, 2909, 2910 and 2911), 8 and dangerous goods having a reference to 7.3.4.2.1 in column 16b of\nthe Dangerous Goods List shall not be transported together with foodstuffs (see 1.2.1) in the same cargo\ntransport unit.\nNotwithstanding the provisions in 7.3.4.2.1, the following dangerous goods may be transported with foodstuffs\nprovided that they are not loaded within 3 m from foodstuffs:\n.1 dangerous goods of packing group Ill of classes 6.1 and 8;\n.2 dangerous goods of packing group II of class 8; and\nt:, .3 any other dangerous goods of packing group Ill with a subsidiary hazard of classes 6.1 or 8; and\n.4 dangerous goods having a reference to 7.3.4.2.2 in column 16b of the Dangerous Goods List.\n7.3.5\nTracking and monitoring equipment\nWhen security devices, beacons or other tracking or monitoring equipment are used, they shall be securely\ninstalled to the cargo transport unit and shall be of a certified safe type• for the dangerous goods that will be\ncarried within the cargo transport unit.\n7.3.6\n7.3.6.1\n7.3.6.2\n7.3.6.3\n7.3.6.4\nOpening and unloading cargo transport units\nCargo transport units shall be approached with caution. Before opening the doors, the nature of the contents\nand the possibility that leakages may have caused an unsafe condition, concentration of toxic or flammable\nvapours, or an oxygen-enriched or oxygen-depleted atmosphere, shall be considered.\nAfter a cargo transport unit carrying dangerous goods has been unpacked or unloaded, precautions shall be\ntaken to ensure that there is no contamination likely to make the cargo transport unit dangerous.\nAfter unpacking or unloading corrosive substances, particular attention shall be paid to cleaning, as residues\nmay be highly corrosive to the metal structures.\nWhen the cargo transport unit offers no further hazard, the dangerous goods placards and other marks\nrelated to dangerous goods shall be removed, masked or otherwise obliterated.\nt:, 7.3.7\nCargo transport units under temperature control\n7.3.7.1\nPreamble\n7.3.7.1.1\n7.3.7.1.2\nIf the temperature of certain substances (such as organic peroxides and polymerizing or self-reactive\nsubstances) exceeds a value which is typical of the substance as packaged for transport, a self-accelerating\ndecomposition or polymerization possibly of explosive violence, may result. To prevent such decomposition\nor polymerization, it is necessary to control the temperature of such substances during transport. Other\nsubstances not requiring temperature control for safety reasons may be transported under controlled\ntemperature conditions for commercial reasons.\nThe provisions for the temperature control of certain specified substances are based on the assumption\nthat the temperature in the immediate surroundings of the cargo does not exceed 55°C during transport and\nattains this value for a relatively short time only during each period of 24 h.\n• Refer to the Recommendations published by the International Electrotechnical Commission, in particular, to publication IEC 60079.\nIMDG Code (incorporating amendment 39-18) 475\n\n<<<PAGE 8>>>\n\nChapter 7.3 - Consigning operations concerning the packing and use of CTUs\n7.3.7.6.3\n7.3.7.7\n7.3.7.8\n7.3.8\nWhen flammable gases not requiring temperature control for safety reasons are transported under temperature\ncontrol conditions for commercial reasons, explosion proof electrical fittings are required.\nSpecial provisions for vehicles transported on ships\nInsulated, refrigerated and mechanically refrigerated vehicles shall conform to the provisions of 7.3.7.4\nand 7 .3.7.5 as appropriate. In addition, the refrigerating appliance of a mechanically refrigerated vehicle shall\nbe capable of operating independently of the engine used to propel the vehicle.\nApproval\nThe competent authority may approve that less stringent means of temperature control may be used or\nthat artificial refrigeration may be dispensed with under conditions of transport such as short international\nvoyages or low ambient temperatures.\nLoading of cargo transport units on board ships\nBefore loading, cargo transport units used for the transport of dangerous goods shall be examined for\nexternal signs of damage, leakage or sifting of contents. Any cargo transport unit found to be damaged,\nleaking or sifting shall not be loaded on to a ship until repairs have been effected or damaged packages have\nbeen removed.\nIMDG Code (incorporating amendment 39-18) 479","truncated":false,"body_characters":17911}