{"operation":"document","citation":"20-0075","title":"Polsinelli — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-12-07","effective_on":null,"summary":"20-0075 response to Polsinelli concerning 173.24, 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74576/200075.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 7, 2020\nMr. Sean M. Pluta\nPolsinelli\n1401 I St NW\nWashington, DC 20005\nReference No. 20-0075\nDear Mr. Pluta:\nThis is in response to your September 10, 2020, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to solid materials that may\nbecome liquid during transportation.\nIn your letter, you state that you represent a client who has a solid substance with a melting point\nof 25.6°C to 29°C. You state that the solid substance will be stored and transported in climate-\ncontrolled containers with a temperature range from -5°C to 10°C. The transportation containers\nwill be outfitted with several safeguards to monitor temperatures and, in the event of a loss of\ntemperature control, alert the driver to initiate a response by dispatch. You note that on-loading\nand off-loading times for the material will be minimal. You ask whether the scenario you\ndescribe is in compliance with § 173.24(e)(5), which states that “packagings used for solids,\nwhich may become liquid at temperatures likely to be encountered during transportation, must be\ncapable of containing the hazardous material in the liquid state.” Additionally, you seek\nclarification whether the restrictions on the use of Intermediate Bulk Containers (IBCs) in\n§§ 173.240(d)(1)(ii) and (d)(2) apply.\nThe answer is yes. The term “temperatures likely to be encountered during transportation”\nincludes temperatures incident to the transportation, or those naturally expected to occur over the\ncourse of the planned transportation. These temperatures would also include temperatures\nincident to on-loading and off-loading the product (the amount of time spent out of climate\ncontrol, etc.). A transporter does not need to consider unlikely, unplanned scenarios, such as\nserious accidents or breakdowns leading to a loss in climate control for extended periods of time.\nThe shipping conditions, as described in your letter, appear to be capable of maintaining the\nhazardous material in a solid state under its normal transport conditions; therefore, the\n\n<<<PAGE 2>>>\n\nrequirements in § 173.24(e)(5) for being capable of maintaining the hazardous material in a\nliquid state would not apply. In addition, provided the temperature-controlled conditions\ndescribed in your letter are maintained throughout transportation, the restrictions on the use of\nIBCs in §§ 173.240(d)(1)(ii) and (d)(2) would not apply.\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\nAndrews\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Attachments: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for Letter of Interpretation\nFriday, September 11, 2020 3:01:20 PM\nRequest for Letter of Interpretation-c.pdf\nimage003.png\nimage002.png\n20-0075\nDear Alice,\nPlease see attached for a letter of interpretation request.\nPlease contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Sean Pluta [mailto:SPluta@Polsinelli.com]\nSent: Thursday, September 10, 2020 10:55 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Marissa Curran <MCurran@Polsinelli.com>\nSubject: Request for Letter of Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open\nattachments unless you recognize the sender and know the content is safe.\nHello,\nAttached is a Request for a Letter of Interpretation addressed to Mr. Shane Kelley per the instructions on\nhttps://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-materials-information-center.\nPlease let me know if you need any other information to process the Request.\nThank you,\nSean Pluta\nAssociate\nspluta@polsinelli.com\n314.552.6890\n100 S. Fourth Street, Suite 1000\nSt. Louis, MO 63102\nPolsinelli PC, Polsinelli LLP in California\npolsinelli.com\nThis electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT\n\n<<<PAGE 4>>>\n\nPRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE\nPROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named\nherein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are\nhereby notified that reading, copying, or distributing this message is prohibited. If you have received this\nelectronic mail message in error, please reply to the sender and take the steps necessary to delete the\nmessage completely from your computer system.","truncated":false,"body_characters":4725}