{"operation":"document","citation":"23-0078","title":"Public Utilities Commission of Ohio — 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":"23-0078 response to Public Utilities Commission of Ohio concerning 171.22, 172.101, 172.519, 172.546, 172.558.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-06/230078.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\nTom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\nChief, Motor Carrier Enforcement Division\n180 E. Broad St, Suite 421\nColumbus, OH 43215\nReference No. 23-0078\nDear Mr. Forbes:\nThis letter is in response to your August 22, 2023, letter and subsequent conversations with my\nstaff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180) applicable to the use of placards and international standards.\nWe have paraphrased and answered your questions as follows:\nQ1: Your letter states that the Public Utilities Commission of Ohio (PUCO) inspected a\ndomestic highway-only shipment of a portable tank displaying a placard approved under\nthe International Maritime Dangerous Goods (IMDG) Code. You note that the portable\ntank displayed a Class 3 placard, approved under the IMDG Code, with the text\n“INFLAMMABLE LIQUID” horizontally across the placard, as pictured in your\nincoming letter. You ask whether it is permissible for the words “INFLAMMABLE\nLIQUID” to appear on a Class 3 placard in this domestic highway-only shipment\nscenario.\nA1: The answer is yes. The transportation of hazardous materials domestically—without any\nportion of the shipment made in conformance with international transport standards and\nregulations as specified in § 171.22(a)—necessitates the use of flammable placards\nadhering to the requirements outlined in § 172.546. However, note that § 172.519(b)(3)\nstates that “for other than Class 7 or the DANGEROUS placard, text indicating a hazard\n(for example, “FLAMMABLE”) is not required. Therefore, it is the opinion of this Office\nthat the use of the words “INFLAMMABLE LIQUID” on a Class 3 placard is\npermissible.\nQ2: You refer to a domestic shipment transported by highway only and inspected by PUCO\ndescribed as “UN1197, Extract flavoring liquids, 3, PG II.” You state that the shipping\npaper listed the proper shipping name as “UN1197, Extract liquids, 3, PG II” and that the\n1\n\n<<<PAGE 2>>>\n\nshipping paper did not include the word “flavoring” in the proper shipping name as\ncurrently found in the § 172.101 Hazardous Materials Table (HMT). You add the shipper\nclaims that PHMSA published a notice on November 28, 20221 that allows the use of the\nproper shipping name “UN1197, Extract liquids, 3, PG II” for domestic transportation.\nYou ask whether the proper shipping name “UN1197, Extract liquids, 3, PG II” is\nallowed for domestic only shipments by highway under the HMR.\nA2: The answer is yes. On April 10, 2024, PHMSA published the HM-215Q final rule2\nrevising the HMR to maintain alignment with international regulations and standards by\nadopting various amendments, including changes to proper shipping names. Included in\nthese changes was the addition of the proper shipping name “UN1197, Extract liquids, 3,\nPG II.” Therefore, the proper shipping name “UN1197, Extract liquids, 3, PG II” is now\nauthorized under the HMR. For shipments made prior to April 10, 2024, the shipper is\ncorrect that PHMSA published an enforcement discretion notice on November 28, 2022\nthat allowed for the use of the proper shipping name “UN1197, Extract liquids, 3, PG II”\nfor domestic transportation. This notice stated that PHMSA will not take enforcement\naction against offerors or carriers for shipments of hazardous materials made using\ninternational standards for domestic or international transportation. Regarding the use of\nUN numbers not yet adopted into the HMR, the intent was to allow for the use of these\nUN numbers as authorized by the revised international standards. PHMSA will ensure\nthat any future enforcement discretion notice is clear on this matter.\nQ3: You describe a domestic-only shipment of corrosive liquids by highway, displaying\nClass 8 “Corrosive” placards that are black in the lower half and white in the upper half,\nas allowed in the international regulations. You note that § 172.558 of the HMR requires\nthat Class 8 “Corrosive” placards must have the white portion of the placard be 1.5 inches\nabove the placard horizontal center line. Specifically, you ask whether the Class 8\n“Corrosive” placards authorized by international regulation—as described and pictured in\nyour letter—are allowed for domestic-only transportation by highway.\nA3: The use of placards conforming to international standards is limited to shipments made in\naccordance with the requirements of 49 CFR Part 171 Subpart C. We appreciate the\nminor differences noted and may consider addressing this issue in a future rulemaking.\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\n1 https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-\ninternational\n2 89 FR 25434 (Apr. 10, 2024).\n\n<<<PAGE 3>>>\n\nAndrews\n23-0078\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Written Interpretation Request\nDate: Tuesday, August 22, 2023 12:55:22 PM\nAttachments: image001.png\nimage002.png\nimage003.png\nimage004.png\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything.\nRegards,\n-Breanna\nFrom: tom.forbes@puco.ohio.gov <tom.forbes@puco.ohio.gov>\nSent: Tuesday, August 22, 2023 9:54 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Written Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links\nor open attachments unless you recognize the sender and know the content is safe.\nHM Info Center:\nThis is a request for a written interpretation for clarification of the Hazardous Materials Regulations (HMR Parts 171-\n180) and the association with the International Maritime Dangerous Goods (IMDG) regulations involving the following\n3 questions.\nQ-1. An IM portable tank in international commerce under IMDG was recent inspected by our agency. The IM tank\nwas displaying class 3 placard with the text inflammable across the placard see below. It should be noted there were\ncompliant orange panels and UN numbers in association with the placard. Is the use of inflammable text permissive\non a class 3 placard in this scenario?\n\n<<<PAGE 4>>>\n\nQ-2 A domestic shipment by highway only was recently inspected by our agency transporting UN1197 Extract\nFlavoring Liquids, 3, PG II. The shipping paper listed Extract Liquids, 3, PG II. It did not include the word flavoring as is\nlisted in the HMRs. The shipper claims that due to guidance issued by PHMSA on 11/28/2022 this is permissible in\ndomestic transportation as a result of a change in Amendment 41-22 of the IMDG code which removed the word\nflavoring from the description of UN1197 making the proper description UN 1197 Extract Liquids, 3, PG II. Is the use of\nthe IMDG code allowed in the United States for Domestic shipments by Highway only?\nQ-3 An issue recently arose where a vehicle was transporting corrosive liquids domestically by highway only. The\nvehicle was placarded with class 8 corrosive placards. The class 8 corrosive placards were black in the lower half of the\nplacard and white in the upper half of the placard as allowed by international regulations (bottom left image). The\nHMRs require the white to be 1.5 inches above the center line on a class 8 placards (bottom right image). Are class 8\nplacards with the upper half all white permissively allowed in the US for domestic transportation by highway?\n\n<<<PAGE 5>>>\n\nTom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\nChief, Motor Carrier Enforcement Division\n180 E. Broad St, Suite 421\nColumbus, Ohio 43215\nCell (614) 519-2811\nOffice (614) 644-0296\nPUCO.ohio.gov\n_\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone who\nrequests it.","truncated":false,"body_characters":8022}