{"operation":"document","citation":"21-0096","title":"Imperative Chemical Partners — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-12-16","effective_on":null,"summary":"21-0096 response to Imperative Chemical Partners concerning 172.301, 177.834, 178.703.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76206/210096.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 16, 2021\nShawn Melson\nManager, DOT\nImperative Chemical Partners\n5014 Ashton Audrey\nSan Antonio, TX. 78249\nReference No. 21-0096\nDear Mr. Melson:\nThis letter is in response to your September 16, 2021, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the orientation of intermediate bulk containers (IBCs) loaded on a motor vehicle\nand to the hazard label visibility. Specifically, you describe loading IBCs containing flammable,\ncombustible, or corrosive material onto a highway motor vehicle. The vehicle bears the required\nplacards and ID number markings for the commodity in the IBCs on each side and each end of\nthe vehicle. The IBCs themselves are labeled on two opposing sides, rather than bearing\nplacards, and are marked in accordance with § 172.301(a), as authorized in § 172.514(c)(4).\nFurther, you describe and provide diagrams for two loading orientations. In both orientations,\nthe valve of each IBC faces the valve of an adjacent IBC and one label on each IBC and the UN\nidentification (ID) number and proper shipping name marking required by § 172.301(a) directly\nfaces the side of another IBC.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask if the HMR prohibits IBCs from being loaded into a transport vehicle with their\nvalves facing “inwards,” toward other IBC valves.\nA1. The answer is no. In accordance with § 177.834(a), packages having valves or other\nfittings must be loaded in a manner to minimize the likelihood of damage during\ntransportation.\nQ2. You ask if it is permissible for the UN ID number and proper shipping name markings\nrequired by § 172.301(a) to face “inwards,” toward another IBC in the same direction as\nthe IBC valves.\nA2. The answer is yes. Provided the marking is unobscured by labels or attachments, the\nHMR do not prohibit the UN ID number and proper shipping name markings required by\n§ 172.301(a) from facing other packages when loaded onto a motor vehicle.\n\n<<<PAGE 2>>>\n\nQ3. You ask if it is permissible for the hazard label to face “inwards,” toward another IBC in\nthe same direction as the IBC valves.\nA3. The answer is yes. Provided the label is unobscured by markings or attachments, the\nHMR do not prohibit the hazard label from facing other packages when loaded onto\na motor vehicle.\nQ4. You ask if the HMR prohibit the IBC specification markings required by § 178.703 from\nbeing loaded in an orientation that is not visible from the outside of the motor vehicle.\nA4. The answer is no. The HMR do not require packages to be loaded onto or into a motor\nvehicle and oriented in a manner such that the packaging specification marking(s) are\nvisible from outside of a motor vehicle.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPatrick\n21-0096\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Imperative Chemical Partners-Formal Interpretation Request\nDate: Tuesday, September 21, 2021 2:00:10 PM\nAttachments: image429366.png\nIBC INTERPRETATION.pdf\nAttached is a request for letter of interpretation.\nMailing address is:\nShawn Melson, DOT Manager\nc/o Imperative Chemical Partners\n5014 Ashton Audrey\nSan Antonio, TX. 78249\nThanks,\nJonathon, HMIC\nFrom: Shawn Melson <ShawnMelson@imperativechemicals.com>\nSent: Thursday, September 16, 2021 2:48 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Imperative Chemical Partners-Formal Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nFormal Interpretation Request,\n“I do not believe PHMSA has issued any guidance or a formal interpretation related to\nmy request therefor, I am requesting a new formal letter of interpretation to be issued\nregarding the attached scenario.”\nSHAWN MELSON\nMANAGER, DOT\nMobile: (210) 378-7219\nOffice: (877) 523-3147\nEmail: ShawnMelson@imperativechemicals.com\nwww.imperativechemicals.com\n\n<<<PAGE 4>>>\n\nU.S. DOT\nAttn: PHH-10\n1200 New Jersey Ave, SE Bldg.\nWashington, D.C. 20590\nPHMSA Office of Hazardous Materials Standards & Rulemaking Division\nDear Office of Hazardous Material Standards,\nMost of our bulk transportation occurs in composite Intermediate Bulk Container (IBC’s) that are\nUN31HA1’s. The products transported consist of Class 3 Flammable liquids, Class 8 Corrosive liquids,\nand Combustible liquids. As allowed by 172.400, we label the two opposing sides of the IBC’s except for\nCombustible liquids which we placard for.\nMy first question addresses the positioning of the IBC’s on the transport vehicles and the valve location\nonce loaded. I’ve included two diagrams with the first showing the IBC’s loaded in a single row and the\nvalves facing one another. The second diagram shows the IBC’s loaded in a double-row configuration\nwith the valves facing inboard. The “X’s” show the valve locations along with the labels on the two\nopposing sides and the transport vehicle placarded on all 4 sides.\nHMR 177.834(a) states, “Packages having valves or other fittings must be loaded in a manner to\nminimize the likelihood of damage during transportation.” The first question is this. Is there anywhere\nwithin the HMR’s that would prohibit IBC valves from facing inward towards one another. By facing\ninward, they valves are offered protection from accidents, either vehicular or during loading/unloading.\nAlso, they’re protected from tampering.\nQuestion #1: Is there a prohibition against the valves from facing inward?\nIf there is not a prohibition against the valves from facing inward, I then present 3 additional questions.\nQuestion #2: 172.304(a)(3) states, “The markings required in this subpart-must be unobscured by labels\nor attachments. Being that we are labeling our IBC’s, we are also marking them in accordance with\n172.301(a). If the valves are facing towards one another in the single row example, would we be in\nviolation of 172.304(a)(3)?\nQuestion #3: 172.406(f) states, “Visibility. A label must be clearly visible and may not be obscured by\nmarkings or attachments. If the valves are facing one another in the single row example, would we be in\nviolation of 172.406(f), even though the IBC body isn’t a marking or attachment?\nQuestion #4: Is there anything within 178.700, Subpart N that would prohibit the required IBC markings\nfound in 178.703 from being visible from the outside?\nSincerely\nShawn Melson, DOT Manager\n\n<<<PAGE 5>>>\n\n= Valve Locations\n1789\nFront of Vehicle\n1789\nRear of Vehicle\n1789\nLOADED IN SINGLE ROW, IBC DIAGRAM\n= Valve Locations\n1789\nFront of Vehicle\n1789\n1789\nRear of Vehicle\n1789\nLOADED IN DOUBLE ROWS, IBC DIAGRAM","truncated":false,"body_characters":7012}