{"operation":"document","citation":"23-0066","title":"W.R. Grace & Co - Conn. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-23","effective_on":null,"summary":"23-0066 response to W.R. Grace & Co - Conn. concerning 171.12, 171.23, 171.25, 171.8, 172.313, 172.430, 172.554, 172.555, 172.558.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0066.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0066.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0066","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/230066.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 23, 2024\n\\Mr. Paul Errichetti\nSenior Manager, Fleet and Dangerous Goods\nW.R. Grace & Co - Conn.\n7500 Grace Drive\nColumbia, MD 21044\nReference No. 23-0066\nDear Mr. Errichetti:\nThis is in response to your July 11, 2023, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to portable tanks. In your letter,\nyou state your company packages and transports “UN1838, Titanium tetrachloride, 6.1, (8),\nPG I” and “UN3390, Toxic by inhalation liquid, corrosive, n.o.s., 6.1, (8), PG I” in 250-gallon\nportable tanks in full compliance with the HMR. The portable tanks are then transported in\nclosed transport vehicles in the United States, Canada, and Mexico for their eventual transport\nvia vessel to international destinations. For domestic shipments, the portable tanks are marked\nwith the United Nations (UN) identification number, proper shipping name, owner’s name,\npoison inhalation hazard labels, and corrosive labels. The closed transport vehicles are provided\nwith the poison inhalation placards (see § 172.555), corrosive placards (see § 172.558), and UN\nidentification number markings.\nYou ask about shipments of your portable tanks by highway to Mexico under § 171.12. The\nportable tanks are marked with the proper UN identification number, proper shipping name,\nowner’s name, poison labels (see § 172.430) minus the word “poison”, and corrosive labels (see\n§ 172.442). The closed transport vehicle is provided with poison placards (see § 172.554) minus\nthe word “poison”, corrosive placards (see § 172.558), and the associated UN identification\nnumber markings. Your questions are paraphrased and answered below:\nQ1. You ask whether the “Inhalation Hazard” marking in § 172.313(a) is required on the\nportable tanks described in your letter for shipments from the United States to Mexico.\nA1. The answer is yes. As specified in § 171.12(b), unless otherwise excepted, hazardous\nmaterials shipments from Mexico to the United States or from the United States to\nMexico must conform to all applicable requirements of the HMR. Additionally, the\nrequirements in § 171.12(b)(1)-(4) apply to a hazardous material that is a material\npoisonous by inhalation—see § 171.8—when transported by highway or rail from\nMexico to the United States or from the United States to Mexico. Specifically,\n§ 171.12(b)(3) states that packages must be marked in accordance with § 172.313, which\nrequires materials poisonous by inhalation—see § 171.8—be marked with the words\n“Inhalation Hazard” in association with the required labels, placards, and shipping name\nwhen applicable.\n\n<<<PAGE 2>>>\n\nQ2. You ask whether the “Inhalation Hazard” marking in § 172.313(a) is required on a closed\ntransport vehicle containing the portable tanks described in your letter when transported\nfrom the United States to Mexico.\nA2. The answer is no. As specified in § 171.12(b)(5), a label or placard that conforms to the\nUN Recommendations (IBR, see § 171.7) specifications for a “Division 2.3” or “Division\n6.1” label or placard may be substituted for the POISON GAS or POISON\nINHALATION HAZARD label or placard required by §§ 172.400(a) and 172.504(e) on\na package transported in a closed transport vehicle or freight container. The transport\nvehicle or freight container must be marked with UN identification numbers for the\nmaterial, regardless of the total quantity contained in the transport vehicle or freight\ncontainer, in the manner specified in § 172.313(c) and placarded as required by subpart F.\nThere is no specific requirement for a transport vehicle shipped under § 171.12(b) to have\nthe “Inhalation hazard” marking required in § 172.313(a). Please note that for this\nscenario described in this letter where closed transport vehicles are referenced, the\nappropriate placard is the poison inhalation hazard placard shown in § 172.555, as\nrequired by § 171.12(b)(5).\nYou ask about shipments of your portable tanks by highway to Canada shipped in accordance\nwith §§ 171.12 and 171.23 that are marked with the UN identification number, proper shipping\nname, owner’s name, poison labels (see § 172.430) minus the word “poison”, and corrosive\nlabels (see § 172.442). The closed transport vehicle containing the portable tanks is provided\nwith poison placards (see § 172.554) minus the word “poison”, corrosive placards (see\n§ 172.558), and the associated UN identification markings. Your questions are paraphrased and\nanswered below:\nQ3. You ask whether shipments of the portable tanks described in your letter from the United\nStates to Canada require the “Inhalation Hazard” marking in § 172.313(a)?\nA3. The answer is yes. As specified in § 171.23(b)(10)(iii), a material poisonous by\ninhalation—see § 171.8—must be packaged in conformance with § 172.313, which\nrequires that a material poisonous by inhalation—see § 171.8—be marked with\n“Inhalation Hazard” in association with the required labels or placards, as appropriate,\nand shipping name when required.\nQ4. You ask whether the “Inhalation Hazard” marking in § 172.313(a) is required on the\nclosed transport vehicle containing the portable tanks described in your letter when\ntransported from the United States to Canada.\nA4. The answer is no. As specified in § 171.23(b)(10)(iv)(B), the transport vehicle or freight\ncontainer must be marked with the UN identification numbers for the hazardous material\nin the manner specified in § 172.313(c). However, there is no requirement to mark the\ntransport vehicle with the words “Inhalation Hazard” as required in § 172.313(a). Please\nnote that for this scenario described in this letter where closed transport vehicles are\nreferenced, the appropriate placard is the poison inhalation hazard placard shown in\n§ 172.555, as required by § 171.12(b)(5).\n\n<<<PAGE 3>>>\n\nYour ask about shipments of your portable tanks by highway to ports for continued\ntransportation via vessel to international destinations under §§ 171.23 and 171.25. You note that\nthe portable tanks are marked with the proper UN identification number, proper shipping name,\nowner’s name, poison labels (see § 172.430) minus the word “poison”, and corrosive labels (see\n§ 172.442). The closed transport vehicle containing the portable tanks is provided with poison\nplacards (see § 172.554) minus the word “poison”, corrosive placards (see § 172.558), and the\nassociated UN identification number markings. Your questions are paraphrased and answered\nbelow:\nQ5. You ask whether shipments of the portable tanks described in your letter, from the United\nStates to ports for continued transportation via vessel to international destinations, require\nthe “Inhalation Hazard” marking in § 172.313(a).\nA5. See answer A3.\nQ6. You ask whether shipments of the portable tanks described in your letter from the United\nStates to ports for continued transportation via vessel to international destinations, require\nthe closed transport vehicle to display the Inhalation Hazard markings § 172.313(a).\nA6. The answer is no. As specified in § 171.23(b)(10)(iv)(A), the transport vehicle or freight\ncontainer must be marked with the UN identification numbers for the hazardous material\nin the manner specified in § 172.313(c). However, there is no requirement to mark the\ntransport vehicle with the words “Inhalation Hazard” as required in § 172.313(a). Please\nnote that for this scenario described in this letter where closed transport vehicles are\nreferenced, the appropriate placard is the poison inhalation hazard placard shown in\n§ 172.555, as required by § 171.12(b)(5).\nI hope this information 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 4>>>\n\nVore\n23-0066\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: LOI for Poison Inhalation Hazard shipments\nDate: Friday, July 14, 2023 12:32:26 PM\nAttachments: DOT-PHSMA LoI Poisonous-Inhalation Harzard Liquids-11Jul2023.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 12, 2023 9:30 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: LOI for Poison Inhalation Hazard shipments\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 5>>>\n\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 11, 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 171.12, 171.23, 171.25 and 172.313.\nIn the United States, we package UN1838 and UN3390 in 250-gallon portable tanks in full compliance with the HMR. These packages\nare then offered for transportation in closed transport vehicles by road in the contiguous 48 states, by road to Canada, by road to\nMexico, and by road to ports for continued transportation via vessel to international destinations.\nFor shipments made via road in the contiguous 48 states, the packages are marked with the proper UN ID#, proper shipping name,\nowner’s name, poison inhalation hazard labels (49 CFR 172.429), and corrosive labels (49 CFR 172.442). The closed transport vehicle\nis provided with poison inhalation placards (49 CFR 172.555), corrosive placards (49 CFR 172.558), and the associated UN ID#\nmarkings.\nPer 49 CFR 171.12, for shipments made via road to Mexico, the packages are marked with the proper UN ID#, proper shipping name,\nowner’s name, poison labels (49 CFR 172.430) minus the word “poison”, and corrosive labels (49 CFR 172.442). The closed transport\nvehicle is provided with poison placards (49 CFR 172.554) minus the word “poison”, corrosive placards (49 CFR 172.558), and the\nassociated UN ID# markings.\nQuestion 1: For shipments from the USA into Mexico, does the package require Inhalation Hazard markings (49 CFR 172.313)?\nQuestion 2: For shipments from the USA into Mexico, does the closed transport vehicle require Inhalation Hazard markings (49 CFR\n172.313)?\nPer 49 CFR 171.12 and 171.23, for shipments made via road to Canada, the packages are marked with the proper UN ID#, proper\nshipping name, owner’s name, poison labels (49 CFR 172.430) minus the word “poison”, and corrosive labels (49 CFR 172.442). The\nclosed transport vehicle is provided with poison placards (49 CFR 172.554) minus the word “poison”, corrosive placards (49 CFR\n172.558), and the associated UN ID# markings.\nQuestion 3: For shipments from the USA into Canada, does the package require Inhalation Hazard markings (49 CFR 172.313)?\nQuestion 4: For shipments from the USA into Canada, does the closed transport vehicle require Inhalation Hazard markings (49 CFR\n172.313)?\nPer 49 CFR 171.23 and 171.25, for shipments via road to ports for continued transportation via vessel to international destinations, the\npackages are marked with the proper UN ID#, proper shipping name, owner’s name, poison labels (49 CFR 172.430) minus the word\n1 grace.com\n\n<<<PAGE 6>>>\n\n“poison”\n, and corrosive labels (49 CFR 172.442). The closed transport vehicle is provided with poison placards (49 CFR 172.554)\nminus the word “poison”, corrosive placards (49 CFR 172.558), and the associated UN ID# markings.\nQuestion 5: For shipments from the USA to ports for continued transportation via vessel to international destinations, does the package\nrequire Inhalation Hazard markings (49 CFR 172.313)?\nQuestion 6: For shipments from the USA to ports for continued transportation via vessel to international destinations, does the closed\ntransport vehicle require Inhalation Hazard markings (49 CFR 172.313)?\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\n2 grace.com","truncated":false,"body_characters":13405}