{"operation":"document","citation":"23-0012","title":"Kansas Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-09-29","effective_on":null,"summary":"23-0012 response to Kansas Highway Patrol concerning 172.101, 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77961/230012.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 29, 2023\nTechnical Trooper Nick Wright, K-100\nKansas Highway Patrol\nTroop I, Commercial Vehicle Enforcement\n1220 S. Enterprise\nOlathe, KS 66061\nReference No. 23-0012\nDear Mr. Wright:\nThis letter is in response to your February 15, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers\nthat describe hazardous materials and materials not subject to the requirements of the HMR. You\nask about a scenario in which a shipping paper describes both fully regulated hazardous materials\nand a hazardous material that is not subject to regulation—including not subject to shipping\npaper requirements—when transported by motor vehicle. Specifically, you provide a scenario of\na shipping paper for motor vehicle transportation that lists and describes the following materials\nin this order: “UN1090, Acetone, 3, PG II”; “UN1845, Carbon dioxide, solid, 9”; and “UN1263,\nPaint, 3, PG II” and includes an “HM” column to distinguish hazardous material from non-\nhazardous material.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask, as provided in § 172.201(a)(1) for preparation of shipping papers, whether the\n“UN1845, Carbon dioxide, solid, 9” should be distinguished from the regulated\nhazardous materials (e.g., by placing an “X” in the “HM” column for the other two\nmaterials) given that it is only regulated as a hazardous material by air or vessel\ntransportation, and not for shipment by motor vehicle.\nA1. PHMSA is unable to provide a definitive response in the absence of additional necessary\ninformation about the way the material is transported. That said, in the § 172.101\nHazardous Materials Table, “UN1845, Carbon dioxide, solid or Dry ice” is assigned an\n“A” and a “W” in Column 1 indicating the material is only regulated when transported by\naircraft or vessel. Moreover, in accordance with § 172.101(b)(2) and (6), a shipping\ndescription entry preceded by a “A” or “W”, respectively, may be used to describe a\n\n<<<PAGE 2>>>\n\nmaterial for other modes of transportation provided all applicable requirements for the\nentry are met (emphasis added). Thus, for motor vehicle only transportation one may not\nuse the description “UN1845, Carbon dioxide, solid” unless meeting all requirements of\nthe HMR. Note that for multi-modal transportation, § 172.201(a)(1) would not apply to\nshipping papers for the motor vehicle portion of transportation in association with aircraft\nor vessel transportation.\nQ2. You ask whether the answer would change if the shipping paper simply listed “dry ice”\ninstead.\nA2. The answer is yes. For motor vehicle-only transportation, simply listing “dry ice”\nbetween the descriptions of the hazardous materials would result in § 172.201(a)(1)\napplying and necessitating either: the use of a contrasting color for any description on the\nshipping paper pertaining to a material that is not subject to the requirements of the HMR\nor adding an “X” in the “HM” column for the two hazardous materials in the example\nyou provide.\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\nCasey\n23-0012\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for official letter of interpretation\nDate: Friday, February 17, 2023 11:42:26 AM\nAttachments: image002.png\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything from us.\nRegards,\n-Breanna\nFrom: Nicholas Wright [KHP] <Nicholas.Wright@KS.GOV>\nSent: Wednesday, February 15, 2023 8:48 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for official letter of interpretation\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 is\nsafe.\nGreetings,\nI am seeking an official PHMSA interpretation on a scenario regarding shipping papers used for both\nhazardous materials and non-hazardous materials.\n49 CFR 172.201(a)(1) states:\n(1) When a hazardous material and a material not subject to the requirements of this subchapter\nare described on the same shipping paper, the hazardous material description entries required by\n§ 172.202 and those additional entries that may be required by § 172.203:\n(i) Must be entered first, or\n(ii) Must be entered in a color that clearly contrasts with any description on the shipping paper\nof a material not subject to the requirements of this subchapter, except that a description on a\nreproduction of a shipping paper may be highlighted, rather than printed, in a contrasting color\n(the provisions of this paragraph apply only to the basic description required by § 172.202(a)(1),\n(2), (3), and (4)), or\n(iii) Must be identified by the entry of an “X” placed before the basic shipping description\nrequired by § 172.202 in a column captioned “HM.” (The “X” may be replaced by “RQ,” if\nappropriate.)\n\n<<<PAGE 4>>>\n\nThe question is when a shipping paper contains hazardous materials that ARE subject to the\nrequirements of the subchapter, and other hazardous materials that are NOT subject to the\nsubchapter due to an exception or exemption. For example, if a shipping paper contains fully\nregulated hazardous materials and another material that is a haz-mat by definition, but excepted from\nthe shipping paper requirement such as “UN1843, Carbon dioxide, solid, 9” when transported by\nhighway.\nIn the example above, if the shipper (i.e, “person who offers”) opts to declare the carbon dioxide solid\non the shipping paper for ground transportation, and assuming it is not a hazardous substance,\nhazardous waste, or marine pollutant, may the entry for the carbon dioxide solid appear between\nother hazardous materials, and be considered “not subject to this subchapter,” thereby requiring the\nother fully regulated hazardous materials on the shipping paper to be subject to the requirements of\n172.201(a)(1)?\nFor example:\nUsing the example above, is the UN1263, Paint subject to the requirements in 172.201(a)(1)? In other\nwords, is the paint required to have an “X” in the HM column or appear in a contrasting color? If the\nanswer is no, since the carbon dioxide contains all proper hazardous materials shipping description\ninformation, does the answer change if it was simply listed as “dry ice” in between the acetone and\npaint?\nThank you for attention to this request.\nTechnical Trooper Nick Wright, K-100\nKansas Highway Patrol\nMCSAP Training / Public Information\nTroop I, Commercial Vehicle Enforcement\n1220 S. Enterprise\nOlathe, KS 66061\nOffice: (913) 782-8100\nNicholas.Wright@ks.gov","truncated":false,"body_characters":6909}