{"operation":"document","citation":"22-0021","title":"Matson Navigation Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-01-24","effective_on":null,"summary":"22-0021 response to Matson Navigation Company concerning 176.907.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77206/220021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 24, 2023\nMr. James Owen\nDangerous Goods Specialist\nSafety, Quality, Environment, and Security\nMatson Navigation Company\n426 North 44th Street, Suite 250\nPhoenix, AZ 85008\nReference Nos. 22-0021 & 22-0061\nDear Mr. Owen:\nThis letter is in response to your March 25, 2022, and June 8, 2022, correspondence requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto polymeric beads transported in cargo transport units in accordance with § 176.907.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether your understanding is correct that an explosion-proof refrigerated cargo\ntransport unit is not required when transporting polymeric beads, provided the\nrequirements pertaining to cargo transport units in § 176.907(b) are met.\nA1. Your understanding is correct. The requirement that a cargo transport unit be “explosion-\nproof” is required under § 176.907(a) for any mechanical devices used for ventilation and\ndoes not apply to refrigerating equipment used to comply with the alternative provisions\nin § 176.907(b).1\nQ2. In your correspondence, you reference the requirement in § 176.907(d) for the marking\nand stowage of polymeric beads. You ask whether a refrigerated cargo transport unit\nused to satisfy the requirements in § 176.907(b) must be “powered off” prior to unloading\nto be clear of any source of ignition as specified in § 176.907(d)(2).\n1 Please note that polymeric beads will release volatile hydrocarbons during storage and transportation. The rate of release increases with\ntemperature. In enclosed spaces and under warmer temperatures during normal conditions of transportation, polymeric beads may release a\nflammable concentration of gas, necessitating the safety controls in paragraph (a) to ensure proper ventilation and to prevent mechanical devices,\nsuch as an electric fan, from being a source of ignition. Refrigerated cargo transport units, however, are not subject to the ventilation or\nexplosion-proof requirements for mechanical devices as the cooler temperatures provided by the refrigeration unit suppress the release of volatile\nhydrocarbons.\n\n<<<PAGE 2>>>\n\nA2. If—as a result of being powered on—the refrigerated cargo transport unit is a source of\nignition, then it must be powered off prior to performing loading and unloading\noperations. The refrigerated cargo transport unit should be powered on as soon as\npracticable once loading operations are complete.\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\nMatson.\nPollack\nNavigation Company Inc.\n22-0021\nFriday, March 25, 2022\nStandards and Rulemaking PHH-10\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nUnited States\nRE:§ 49CFR176.907 Polymeric Beads and Plastic Molding Compounds.\nTo Whom It May Concern:\nI am writing to request a letter of interpretation for the shipping of polymeric beads in refrigerated\ncontainers. Specifically I am looking for clarifying in writing regarding the use of regular refrigerated\ncargo transport unit vs that of explosion proof CTU's.\nSection (a) below notes the need for explosion proof devises if they are mechanical when transporting\npolymeric beads in a cargo transport unit. Section (b) does not note this and appears to be an\nalternative to (a) thus is it my understanding that under section (b) an explosion proof refrigerated cargo\ntransport unit is not required and a regular reefer would meet the requirements of this subchapter,\nprovided the packages meet the packaging requirements for the product.\n§ 49CFR176.907 Polymeric Beads and Plastic Molding Compounds.\n(a) When transported in cargo transport units, the cargo transport units must provide an\nadequate exchange of air in the unit. This adequate exchange of air may be accomplished by\nutilizing a ventilated container, an open-top container, or a container in one door off\noperation. When cargo transport units with venting devices are used these devices should be\nkept clear and operable. If mechanical devices are used for ventilation, they must be\nexplosion-proof.\n(b) As an alternative to the options presented in paragraph (a) of this section to ensure an\nadequate exchange of air; a refrigerated cargo transport unit may be used.\n\n<<<PAGE 4>>>\n\nIt would also be my understanding based on (d)(2) that the reefer should be powered off prior\nto unloading to negate any potential source of ignition. Please confirm.\n(d) Cargo transport units must be marked with a warning mark including the words \"CAUTION\n- MAY CONTAIN FLAMMABLE VAPOR\" or \"CAUTION - MAY CONTAIN FLAMMABLE VAPOUR\"\nwith lettering having a height of at least 25 mm (1 inch). The mark must be affixed to each\naccess point in a location where it will be easily seen by persons prior to opening or entering\nthe cargo transport unit and must remain on the cargo transport unit until the following\nprovisions are met:\n(1) The cargo transport unit has been completely ventilated to remove any hazardous\nconcentrations of vapor or gas;\n(2) The immediate vicinity of the cargo transport unit is clear of any source of ignition; and\n(3) The hazardous materials have been unloaded.\nJames Owen\nDangerous Goods Specialist\nSafety, Quality, Environment, and Security\nMatson Navigation Company\n426 N 44t St, Ste 250\nPhoenix, AZ 85008\nOffice 480-902-5015\nCell 480-653-1114\njowen@matson.com\nwww.matson.com\n\n<<<PAGE 5>>>\n\nCardez\nMatson®\n22-0061\nNavigation Company Inc.\nWednesday, June 8, 2022\nAssociate Administrator for Hazardous Materials Safety\nPHMSA\nU.S. Department of Transportation\nAttention: PHH-30\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590-0001\nRE:\n§ 176.907 Polymeric Beads and Plastic Molding Compounds.\nTo Whom It May Concern:\nI am requesting a letter of interpretation regarding the stowage of polymeric beads. Specifically 1 am asking for\nclarification regarding the use of refrigerated cargo transport units. Based on the below excerpt it is my\nunderstanding that a standard refrigerated cargo transport unit is acceptable for use when transporting polymeric\nbeads to ensure proper ventilation. It is not my belief that an explosion proof refrigerated cargo transport unit is\nrequired as they are with class 2.1's. Please confirm via LOI.\n(a) When transported in cargo transport units, the cargo transport units must provide an adequate exchange of\nair in the unit. This adequate exchange of air may be accomplished by utilizing a ventilated container, an open-\ntop container, or a container in one door off operation. When cargo transport units with venting devices are\nused these devices should be kept clear and operable. If mechanical devices are used for ventilation, they must\nbe explosion-proof.\n(b) As an alternative to the options presented in paragraph (a) of this section to ensure an adequate exchange of\nair; a refrigerated cargo transport unit may be used.\n10-\nJames Owen\nDangerous Goods Specialist\nSafety, Quality, Environment, and Security\nMatson Navigation Company\n426 N 44'h St, Ste 250\nPhoenix, AZ 85008\nOffice 480-902-5015\nCell 480-653-1114\njowen@matson.com\nwww.matson.com","truncated":false,"body_characters":7467}