{"operation":"document","citation":"23-0062","title":"W. R. Grace & Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-31","effective_on":null,"summary":"23-0062 response to W. R. Grace & Co. concerning 172.102, 178.274.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0062.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0062.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0062","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-06/230062.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 31, 2024\nMr. Paul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\nW. R. Grace & Co.\n7500 Grace Drive\nColumbia, MD 21044\nReference No. 23-0062\nDear Mr. Errichetti:\nThis letter is in response to your July 5, 2023, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of portable\ntanks. In your letter, you state that you transport “UN1838, Titanium tetrachloride, 6.1, (8),\nPG I” and “UN3390, Toxic by inhalation liquid, corrosive, n.o.s., 6.1, (8), PG I” in portable\ntanks subject to Special Provisions (SPs) TP13 and TP38 in § 172.102(c)(8). Lastly, you state\nthat it is your understanding that SP TP13 requires a self-contained breathing apparatus be\nprovided for transportation by sea, while SP TP38 requires the portable tanks to be insulated.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether SP TP13 requires a self-contained breathing apparatus be provided to\nthe carrier when transporting the portable tanks containing the materials described in your\nletter from an inland location to the seaport.\nA1. As stated in SP TP13, a self-contained breathing apparatus must be provided when these\nmaterials are transported in portable tanks and shipped by sea (i.e., vessel). If any leg of\nthe trip is by vessel, the self-contained breathing apparatus must be provided.\nQ2. You ask whether a shipper is responsible for providing the required self-contained\nbreathing apparatus to a steamship line for vessel transportation in order to satisfy the\nrequirements under SP TP13.\nA2. The answer is yes. SP TP13 states that “a self-contained breathing apparatus must be\nprovided when this hazardous material is transported by sea.” Therefore, the shipper must\nmeet the obligation to provide the self-contained breathing apparatus unless that\n\n<<<PAGE 2>>>\n\nresponsibility is contractually obligated to another entity (i.e., a third-party is legally\nresponsible to perform that function under contract).\nQ3. You ask whether a portable tank in service under SP TP38 must have the insulation in\nplace when the portable tank is tested and inspected.\nA3. It is the opinion of this Office that a portable tank must have insulation in place, as\nrequired by § 178.274, when performing the initial inspection and test and/or to meet\nmarking requirements. However, the insulation must be removed in accordance with\napplicable testing and inspection requirements provided in part 180 of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: LOI for 49 CFR 172.102(c)\nDate: Monday, July 10, 2023 4:59:26 PM\nAttachments: DOT-PHSMA LoI 49CFR172.102(c)(8) - 05Jul2023.pdf\nHi Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything.\nRegards,\n-Breanna\nFrom: Errichetti, Paul <Paul.Errichetti@grace.com>\nSent: Wednesday, July 5, 2023 4:28 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: LOI for 49 CFR 172.102(c)\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.\nHi,\nPlease find attached a request for a formal letter of interpretation.\nIf you have questions with regards to this request please contact me via email or my mobile number\nlisted below in my signature.\nThanks,\nPaul Errichetti | Senior Manager, Fleet & Dangerous Goods\nW. R. Grace & Co – Conn. | 7500 Grace Drive, Columbia, MD 21044, USA | T +1 410.531.8215 | M +1\n732.306.0683 | paul.errichetti@grace.com\nTHIS EMAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. If you are not the addressee, any disclosure,\nreproduction, copying, distribution, or use of this communication is strictly prohibited. If you have received this transmission in error please notify the\nsender immediately and then delete this email.\nOur privacy policy can be found here. At any time, you may change your preferences or remove your data by clicking here. Unsubscribe\n\n<<<PAGE 4>>>\n\nJacobson\n23-0062\nPaul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\nT +1 410.531.8215\nM +1 732.306.0683\nPaul.Errichetti@grace.com\nW. R. Grace & Co.-Conn.\n7500 Grace Drive\nColumbia, MD, USA, 21044\nJuly 5, 2023\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue\nSE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nI am contacting the agency on behalf of WR Grace with this formal request for a letter of interpretation regarding the Hazardous\nMaterials Regulations 49 CFR 172.102(c)(8).\nIn Column 7 of the HMT for the shipment of UN1838 and UN3390, the following Special Provision TP Codes are referenced.\nTP13 states that a self-contained breathing apparatus must be provided when this hazardous material is transported by sea.\nQuestion 1: Does the self-contained breathing apparatus need to be provided to the carrier making the inland move of the hazardous\nmaterial to the seaport?\nQuestion 2: Are we as the shipper required to provide the self-contained breathing apparatus to the steamship line for the sea\ntransportation of the hazardous material?\nTP38 states that a portable tank in service for any material referencing this Special Provision must be insulated.\nQuestion 3: Does that insulation need to be in place when the tank is tested and inspected?\nIf you have any questions or need clarification to my questions, please feel free to contact me by cell phone at (732) 306-0683 or via\nemail at Paul.Errichetti@grace.com.\nSincerely,\nPaul Errichetti\nPaul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\n1 grace.com","truncated":false,"body_characters":6012}