{"operation":"document","citation":"21-0105","title":"Evonik Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-11-17","effective_on":null,"summary":"21-0105 response to Evonik Corporation concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76096/210105.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 17, 2021\nMr. Robert Miller\nEvonik Corporation\n7201 Hamilton Blvd\nAllentown, PA 18195\nReference No. 21-0105\nDear Mr. Miller:\nThis letter is in response to your November 15, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of\nhydrogen peroxide aqueous solutions. You ask whether the hazardous materials descriptions for\n“UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than\n60 percent hydrogen peroxide (stabilized as necessary), 5.1 (8), PG II” and “UN2014, Hydrogen,\nperoxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen\nperoxide (stabilized as necessary), 5.1 (8), PG II” could have the text “stabilized as necessary” in\nitalics.\nThe answer is yes. As currently provided in § 172.101 of the Hazardous Materials Table (HMT),\nthe HMR list the hazardous materials descriptions for “UN2014” as follows:\n• UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more\nthan 60 percent hydrogen peroxide (stabilized as necessary)\n• UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not\nmore than 40 percent hydrogen peroxide (stabilized as necessary)\nHowever, there was an inadvertent editorial error made when the HM-219C1 final rule published\nin November 2020 that removed the italics from each description in the HMT. The Pipeline and\nHazardous Materials Safety Administration (PHMSA) can confirm that this was an inadvertent\neditorial error and these descriptions should read as:\n1 See the HM-219C final rule titled “Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce\nRegulatory Burdens” published on November 25, 2020 [85 FR 75680] at: https://www.govinfo.gov/content/pkg/FR-\n2020-11-25/pdf/2020-23712.pdf\n\n<<>>\n\n• UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more\nthan 60 percent hydrogen peroxide (stabilized as necessary)\n• UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not\nmore than 40 percent hydrogen peroxide (stabilized as necessary)\nThank you for bringing this issue to our attention and please note that PHMSA will correct this\ninadvertent editorial error in an upcoming rulemaking.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nShane C. Kelley\nDirector\nStandards and Rulemaking Division\nOffice of Hazardous Materials Safety\n\n<<>>\n\nAndrews\n21-0105\nFrom:\nCo:\nTo:\nDodd, Alice (PHMSA)\nINFOCNTR (PHMSA)\nSubject:\nHazmat Interps\nDate:\nFW: Urgent Request for Letter of Interpretation on UN2014 PSN Correction\nImportance:\nHigh\nTuesday, November 16, 2021 5:04:00 PM\nHello Alice,\nPlease see the below request for interpretation.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Miller, Robert \nSent: Monday, November 15, 2021 2:00 PM\nTo: INFOCNTR (PHMSA) \nSubject: Urgent Request for Letter of Interpretation on UN2014 PSN Correction\nImportance: High\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.\nGreetings,\ntime frame for correcting the PSN of UN2014? The phrase \"(stabilized as necessary)\" was mistakenly\nMay I please request a Letter of Interpretation that addresses my below issue and provides a\nleft as Roman type and not italicized as it should have been, therefore it is not part of the Proper\nrequiring written response from PHMSA indicating it is not a violation to omit that phrase.\nShipping Name and not required to be printed on the BoL. This is causing unnecessary shipment delays\nThanks,\nRob\nPlease rate our service today!\nHave feedback you'd like to share?\nRobert Miller\nP +1 610 573-5129 | C +1 973 202-3038 | robert.miller@evonik.com\nManager - Compliance and Audit Reporting | ESHQ Services | North America\nEvonik Corporation\nEvonik in North America\n7201 Hamilton Blvd | Allentown, Pennsylvania 18195 | USA\nLinkedIn | Twitter | Instagram | Facebook\n\n<<>>\n\nThis message and any attachments are the property of Evonik Industries AG and its subsidiaries, are confidential, and may be\nprivileged or otherwise protected from disclosure. This message is intended solely for the use of the addressee. If you receive this e-\nmail in error, please telephone or e-mail the sender and delete this message and any attachments from your system. If you are not\nthe intended recipient you are strictly prohibited from disclosing, copying, distributing or using any of this information.\nFrom: Miller, Robert\nSent: Monday, November 15, 2021 11:28 AM\nTo: infocntr@dot.gov\nSubject: Urgent UN2014 PSN Correction\nImportance: High\nGreetings,\nThis is in regards to an issue I discussed with your info center a week ago. May I ask for an\nupdate as to when the PSN for UN2014 will be corrected or a statement that the phrase “(stabilized as\nnecessary)” was mistakenly left as Roman type and not italicized as it should have been. I understand\nthat in a few weeks PHMSA will correct this in the eCFR, which means, that phrase is not part of the\nProper Shipping Name and not required to be printed on the BoL, but I need a timeline.\nIn order to get our shipments out, carriers and freight forwarders are holding up our shipments\ndue to this oversight and misunderstanding. Therefore, I need a statement from PHMSA as to when this\nwill occur so they know it is not part of the PSN and will process our shipments as being in compliance.\nPlease advise as this is an urgent matter.\nThanks you,\nRob\nHave feedback you’d like to share?\nPlease rate our service today!\nRobert Miller\nManager – Compliance and Audit Reporting | ESHQ Services | North America\nP +1 610 573-5129 | C +1 973 202-3038 | robert.miller@evonik.com\nEvonik Corporation\n7201 Hamilton Blvd | Allentown, Pennsylvania 18195 | USA\nEvonik in North America\nLinkedIn | Twitter | Instagram | Facebook\nThis message and any attachments are the property of Evonik Industries AG and its subsidiaries, are confidential, and may be\nprivileged or otherwise protected from disclosure. This message is intended solely for the use of the addressee. If you receive this e-\nmail in error, please telephone or e-mail the sender and delete this message and any attachments from your system. If you are not\nthe intended recipient you are strictly prohibited from disclosing, copying, distributing or using any of this information.","truncated":false,"body_characters":6703}