{"operation":"document","citation":"22-0126","title":"UL Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-07-28","effective_on":null,"summary":"22-0126 response to UL Solutions concerning 172.315, 173.167.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0126.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0126.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0126","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77841/220126.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 28, 2023\nMr. Kevin Skerrett\nUL Solutions\n77 Clearbrook Drive\nRochester, NY 14609\nReference No. 22-0126\nDear Mr. Skerrett:\nThis letter is in response to your October 25, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof shipments containing materials classed as “ID8000, Consumer commodity, 9.\n”\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether there must be an “intent” to transport a material by air transportation in\norder to class a material as “ID8000, Consumer commodity, 9”\n—provided all or some of\nthe transportation is by aircraft.\nA1. Provided the requirements of § 173.167 are met, a consignment of “ID8000, Consumer\ncommodity, 9” material may be transported by any mode.\nQ2. You ask when the requirement was revised allowing “ID8000, Consumer commodity, 9”\nmaterials to be transported by any mode, and not just by air (or a leg of the transportation\nby air).\nA2. The change was made in a final rule1 published in 2013. The HM-215K series of\nrulemakings began with requiring “ID8000, Consumer commodity, 9” materials to have\nat least one leg of transportation take place on an aircraft. The 2013 final rule softened\nthat language in the preamble text and revised the regulatory text to include additional\n1 78 FR 1101 (Jan. 7, 2013). Final rule titled “Hazardous Materials: Harmonization With the United Nations\nRecommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous\nGoods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of\nDangerous Goods by Air” (HM-215K; Docket No. PHMSA-2009-0126).\n\n<<<PAGE 2>>>\n\nrequirements when transporting “ID8000, Consumer commodity, 9” materials by air—\nsee § 173.167(b). Section 173.167(a) applies to all modes of transport—as applicable.\nQ3. You ask whether the limited quantity “Y” marking used for air shipments is required for\nall modes of transportation or whether the standard limited quantity mark may be used\nwhen “ID8000, Consumer commodity, 9” materials are transported by modes other than\nair.\nA3. The limited quantity “Y” marking depicted in § 172.315(b) must be used when\ntransporting “ID8000, Consumer commodity, 9” materials in whole or in part by air. All\nother shipments may utilize the standard limited quantity marking depicted in\n§ 172.315(a).\nQ4. Except for labeling, marking, and shipping papers requirements, you ask whether all\nother provisions in § 173.167 must be met for a “ID8000, Consumer commodity, 9”\nmaterials transported by any mode.\nA4. All of the requirements of § 173.167(a) must be met for a material to be transported as a\n“ID8000, Consumer commodity, 9.\n” Packages prepared in accordance with the\nrequirements of § 173.167 are excepted from the specification outer packaging\nrequirements of the HMR—as well as the labeling and shipping papers requirements\nwhen transported by highway or rail. Please note that the requirements specified in\n§ 173.167(b) are only applicable when transporting “ID8000, Consumer commodity, 9”\nmaterials by aircraft.\nPlease note that PHMSA published a notice of proposed rulemaking on May 30, 2023, titled:\nHazardous Materials: Harmonization With International Standards which includes proposed\nchanges to § 173.167 and additional clarification on consumer commodities. The rule can be\nviewed at the link below.\nhttps://www.federalregister.gov/documents/2023/05/30/2023-07109/hazardous-materials-\nharmonization-with-international-standards\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\nWolcott\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Questions about ID8000 and 173.167\nDate: Wednesday, November 2, 2022 10:41:48 AM\n22-0126 (22-0119)\nHi Alice,\nPlease see the below interpretation request.\nShould you have any questions, please do not hesitate to reach out.\nRegards,\n-Breanna\nFrom: Skerrett, Kevin <Kevin.Skerrett@ul.com>\nSent: Tuesday, November 1, 2022 3:36 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: FW: Questions about ID8000 and 173.167\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nAfter discussion with Breanna at the HMIC on 11/1/2022 at 15:00, I would like to resubmit this as a\nrequest for a formal letter of interpretation addressing the questions below.\nPlease let me know if any additional information is needed.\nThank you very much for your consideration of this request!\nKevin Skerrett, DGSA\nSenior Regulatory Specialist\nUL Solutions\nT: +1.518.640.9287\nUL.com/Solutions\nFrom: Skerrett, Kevin\nSent: Tuesday, October 25, 2022 00:46\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Questions about ID8000 and 173.167\n\n<<<PAGE 4>>>\n\nHello –\nI am trying to resolve some questions about the multimodal use of ID8000 Consumer Commodity for\nUSDOT, per the instructions at 173.167.\nAn informal response is fine for this request.\nIn the original HM-215K final rule published 1/19/2011, in the Section IV explanation of the newly-\nadded Section 173.167, use of ID8000 was indicated for “when\nintended for transportation by all modes of transport provided all or some of the transportation is by\naircraft.”\nAnd in the text for Section {173.167(a)}, the first line includes the phrase “when intended for\ntransportation by aircraft” and there was no mention of other modes.\nBut by the time the appeals and corrections rule of 01/07/2013 was published, the “intended”\nphrase had changed to “when offered for transportation by aircraft”.\nAlso, at {173.167(a)}, reference had been added to:\nPackages prepared under the requirements of this section are excepted from labeling and\nshipping papers when transported by highway or rail.\nAdditionally, packages prepared under the requirements of this section may be offered for\ntransportation and transported by all modes.\nThese three aspects still appear in 173.167 today.\nQUESTION 1:\nIs there still any requirement, for classification as ID8000, for there to be “intent” to transport by air,\nor that “all or some of the transportation” be by aircraft?\nQUESTION 2:\nIn what rule or document did this change occur? I did not find it discussed in a preamble – but I\nseem to remember it occurring in an unusual way.\nIn reading an old copy of Interpretation 16-0075, I find what appears to be confirmation of shipment\nbeing allowed for ID8000 for all domestic modes without involvement of a leg by air.\nThere appears to be a discrepancy as to whether the ID# and PSN and ship-to address are required\nto be marked on a package to be shipped without a leg by air.\nWhile labelling and shipping papers are excepted for road and rail, marking is not, unlike Limited\nQuantity shipments.\nBut I note that Interpretation 16-0075 is currently indicated to be “under review”.\nQUESTION 3:\nIs there current guidance on this point?\nInterpretation 16-0075 also indicated that the LQ “Y” mark was required for air, but that for non-air\nmodes either LQ mark could be used.\n\n<<<PAGE 5>>>\n\nQUESTION 4:\nIs that correct? {173.167(b)(1)} addresses the LQ “Y” mark for air, but not the other modes.\nQUESTION 5:\nIs it correct to assume that, except for labeling and LQ mark and shipping papers, all other\nrequirements of 173.167 must be met to classify as ID8000 regardless of mode of transport?\nThat appears to be the intent of the phrase “Additionally, packages prepared under the\nrequirements of this section may be offered for transportation and transported by all modes.”\nThank you for your assistance with this!\nKevin Skerrett, DGSA\nSenior Regulatory Specialist\nUL Solutions\nT: +1.518.640.9287\nUL.com/Solutions\nThis e-mail may contain privileged or confidential information. If you are not the intended recipient: (1) you\nmay not disclose, use, distribute, copy or rely upon this message or attachment(s); and (2) please notify\nthe sender by reply e-mail, and then delete this message and its attachment(s). Underwriters\nLaboratories Inc. and its affiliates disclaim all liability for any errors, omissions, corruption or virus in this\nmessage or any attachments.","truncated":false,"body_characters":8529}