{"operation":"document","citation":"24-0003","title":"Dandy Service Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-09","effective_on":null,"summary":"24-0003 response to Dandy Service Corporation concerning 172.301, 172.313, 172.332, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-10/240003.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 9, 2024\nSamantha Dziak\nSafety Manager\nDandy Service Corporation\n916 Brush Creek Road\nWarrendale, PA 15086\nReference No. 24-0003\nDear Ms. Dziak:\nThis letter is in response to your January 12, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and\nplacarding requirements. Specifically, you describe a truckload of 72 drums of “UN3266,\nCorrosive liquid, basic, inorganic, n.o.s” and 27 drums of “NA1993, Combustible liquid, n.o.s.”\nwith a total gross weight of 38,232 lbs. and 3,658.5 lbs., respectively. It is your understanding of\nthe HMR that this truckload should only be placarded with a “CORROSIVE” placard and thus\nyou did not include any display of the identification numbers for the materials onboard. You seek\nclarification that your understanding is correct.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou seek confirmation that you are not required to display identification number\nmarkings, in accordance with § 172.332, because you are not subject to the transport\nvehicle identification number marking requirements for large quantities of a single\nhazardous material in non-bulk packages, as specified in § 172.301(a)(3).\nA1.\nYour understanding is correct. For § 172.301(a)(3) to apply, all conditions must be\nfulfilled, including that the transport vehicle contain no other material, hazardous or\notherwise. Furthermore, generally, transport vehicles containing non-bulk packages of\nhazardous material are not subject to identification number marking requirements. The\nexceptions are for large quantities of a single hazardous material in non-bulk packages\n(§ 172.301(a)(3)) and for certain poisonous by inhalation materials (§ 172.313(c)).\nQ2.\nYou seek confirmation that you are not required to display placards or an identification\nnumber for a transport vehicle carrying NA1993 material in non-bulk packagings.\n\n<<>>\n\nA2. As provided in § 173.150(f), a material, such as NA1993, described and classed as a\ncombustible liquid that is transported in a non-bulk packaging is not subject to the HMR,\nunless the combustible liquid is a hazardous substance, a hazardous waste, or a marine\npollutant. You did not provide information as to whether the combustible liquid is a\nhazardous substance, a hazardous waste, or a marine pollutant; however, based on the\ncopy of the shipping paper provided with your request, indicating the material as non-\nhazmat, it is the opinion of this Office that your understanding is correct that the transport\nvehicle is not subject to placarding or identification number marking requirements for the\nNA1993 material in non-bulk packagings.\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<<>>\n\nCasey\n24-0003\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for letter of Interpretation\nDate: Tuesday, January 16, 2024 10:10:17 AM\nAttachments: Request for letter of interpretation 01.12.24.pdf\nHi Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything.\nRegards,\n-Breanna\nFrom: samantha.lang@dandyservice.com \nSent: Friday, January 12, 2024 12:31 PM\nTo: INFOCNTR (PHMSA) \nSubject: Request for 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\nis safe.\nTo whom it may concern,\nPlease find my request for letter of interpretation attached.\nThank you,\nSamantha Dziak\nSafety Manager at Dandy Service\nCorporation\nPhone: 724-935-1920\nMobile: 724-766-4503\nEmail:\nsamantha.lang@dandyservice.com\n916 Brush Creek Road\nWarrendale, PA 15086\nwww.dandyservice.com\n\n<<>>\n\nJanuary 12, 2024\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards & Rulemaking Division\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nTo whom it may concern:\nWe are a hazmat carrier and hauled a load of\n72 55Gallon Drums of UN3266, Corrosive liquid, basic, inorganic, n.o.s. (Postassium Hydroxide), 8, PGIII\n[weight 38232lbs]\n-and-\n27 15Gallon Drums of NA1993, combustible liquid, n.o.s (isopropanol), Combustible Liquid, PGIII [weight\n3658.5lbs]\nAccording to the regulations, we placarded this load only with a Corrosive, 8, placard without an\nidentification number.\nDuring a roadside inspection, we were told that the vehicle is placarded incorrectly. The violations are as\nfollows:\n1. 2. Violation code 177.832A – No Placards/markings when required: na1993, 3,442.5 lbs loaded in\none location identified as combustible liquid, nos has no placards of ID #’s as required for 2205\nlbs of product.\nViolation code 172.332A – Failure to display ID numbers when required: cargo un3266, corrosive\nliquid nos 36,432 lbs required 4 of 4 labels to be displayed on transport vehicle, vehicle is\nplacarded as class 8 corrosive, non-bulk\nPer the regulations, I am under the impression that the Class 8, Corrosive placard only is sufficient in this\nsituation, with reasons being:\n1. 2. In regards to the 172.332A violation- That quantity of Class 8 Corrosive requires the display of\nthe Class 8 placard on all four sides of the vehicle, but it is not required to display the\nidentification number of the class 8 corrosive on the vehicle since it is not the only material-\nhazardous or otherwise- on the vehicle per 49 CFR 172.301(a)(3)\nIn regards to the violation 177.832A violation- A Class 3 Combustible Liquid as described on BOL\nmeets the criteria for the Combustible Liquid Exception. Therefore, it is not subject to any\nUSDOT regulations, per 49 CFR 173.150(f). There is also the regulation of 49 CFR 172.500(b)(5)\nwhich states placard is not required for combustible liquids non-bulk packaging.\nI have attached a copy of the bill of lading to help with the description of material and quantity. Overall,\nwould just a Class 8 corrosive placard without identification numbers be acceptable for this shipment?\n\n<<>>\n\nThank you for your attention to this matter.\nSamantha Dziak\nManager of Safety\n\n<<>>\n\nSTRAIGHT BILL OF LADING\nB/L DATE\nPage 1 of 1\n12/14/2023\nB/L NO.\n57522\nF\nR\nM\nCW1P2120 SSC009\nStaceye\nREQ NO\nDandy Fucking\n2193-1\nCUST. ORDER NO\nSHIP DATE\n12026/2023 V001\nFREIGHT\n0\nAmbridge, PA 1500\nB REMAF\nDATE\nCHECKED BY\nORDERED\nQUANTITY\nQUANTITY\nSHIPPED\nPACKAGING\nDESCRIPTION\nWEIGHT\nNET\nWEIGHT\nGROSS\nCLAS\n72\n72\n55GDrum\nUN3266, Corrosive liquid, basic, inorganic, n.o.s.\n36432 Ibs\n38232Ibs\n55\n(Potassium Hydroxide),\n8, PGIII\nCW776A Foamy One Step 72 Drum\n27\n27\n15GDrum\n(isopropanol),\nNA1993, combustible liquid, n.o.s.\n3442.5 Ibs\n3658.5 Ibs\n55\nCombustible Liquid, PIII\nTriple Polish Low pH - Blue 27 Drum\nTotal Weights:\n39875\n42,735\n21 SKIDS\nSEAL# C1598520\nclared value\nlote-Where the rate is depencent on value,\nhe agreed or declared value of the\nrequired to state specifically in writing the agreed or\nrobert\nThis is to verify that the above-named materials are\nclassified,\ndescribed\npackaged,\nhet agreed ed decline aer to be not teren\naccording to the applicable regulations of the Department\nlahalad and are in\nproper condition\nIransportation\nmarked\nto the consignee without recourse on ihe consignor, the consignor shall\nsign the following\nSubject to Section 7 of the conditions, if this shipment is to be delivered\nFOR CHEMICAL EMERGENC\nof Transportaton\nfreight and all other lawful charges.\nhe carrier shall not\nmake dellvery of this shipment without payment of\nCALL CHEMTEL\n1-800-255-3924\nper\nSignature\nContract # MIS0003785\nRECEIVED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of\nof, said property over all or any portion of said route to destination\nSignature of Consignor)\nthis Bill ellading.\nconditions\nsaid\nof contents\ncarrier (the word carrier\nthe property\ndescribed above in apparent good\nconsigned,\nindicated\nbe subiest to alf all or any sting terms and conditions in the govering med heatoner shalt\nand as to each party at any\nperson\ncarry to\nmeaning\nhe colle\nusual place\nof delivery\ndestination.\nsaid destination,\npossession of the property under the contract) agrees\nit is mutually agreed as lo each carrier of all or\nf an to route nihorvice to deliver in another eSter\nany\nsnipper and accopted for himselt and his assians\nSHIPPER\nPLACARDS OFFERED\nCARRIER\nHIPPER\nDRIVER PLEASE INITIAL.\nPLACARDED 2\nCOD Amt: $\n0.00\nG.B\nNAME OF PLACARD\nFREIGHT CHARGES\nor/osive s\nprepaid, write ol\nIf charges are to be\nAGENT\nstamp here,\n\"TO\nER\n12/26/2023\nSy Bunthet\nBE PREPAID.\"\nPER\nTO BE\nPREPAID\nTOTAL NO. OF PACKAGES REC'D.","truncated":false,"body_characters":8924}