{"operation":"document","citation":"24-0004","title":"Pillinger Miller Tarallo — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-07-02","effective_on":null,"summary":"24-0004 response to Pillinger Miller Tarallo concerning 173.164, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-07/240004.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 2, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFern B. Miller, Esquire\nPillinger Miller Tarallo\n1880 John F Kennedy Blvd\nSuite 1803\nPhiladelphia, PA 19103\nReference No. 24-0004\nDear Ms. Miller:\nThis letter is in response to your January 15, 2024, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to elemental mercury. Specifically, you ask for clarification regarding the need for\nclosure instructions when shipping 2,000 lbs. of “UN2809, Mercury” by motor vehicle in an\n18.5-gallon non-specification reusable metal packaging. It is your understanding that for a non-\nbulk packaging allowed in § 173.164(d), “UN2809, Mercury” may be shipped in non-\nspecification reusable metal packagings and, therefore, no closure instructions are required.\nYour understanding is correct. Closure instruction requirements in §§ 173.22(a)(4) and 178.2(c)\napply to specification packagings only. A hazardous material properly described as “UN2809,\nMercury” may be packaged in non-specification [emphasis added] reusable metal packagings as\nprescribed in § 173.164(d)(2) for transportation other than by aircraft.\nWe note that “UN2809, Mercury” is subject to the HMR only when offered for transportation by\naircraft or vessel unless the material is a hazardous substance or hazardous waste. Given the\nquantity of transport, it meets the definition of a hazardous substance and, therefore, is subject to\nthe HMR when transported by motor vehicle.\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 2>>>\n\nCardez\n24-0004\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Wednesday, January 17, 2024 4:49:01 PM\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Fern B. Miller <fmiller@pmtlawfirm.com>\nSent: Monday, January 15, 2024 11:05 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\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.\nGood morning –\nI would like to request a formal letter of interpretation regarding the following:\nThis letter is to seek clarification of the Hazardous Material Regulations, 49 CFR 171-180, regarding the need for\nclosure instructions when shipping elemental mercury in a non-specification reusable metal container. My client is\na recycler that removes and collects mercury from old lights and batteries and ships the mercury via common\ncarrier over-the-road from their recycling facility to a company that retires the mercury, both located in the United\nStates. The retiring facility supplies a 2204 lb. (metric ton) reusable metal container to be used to ship the\nelemental mercury. The manufacturer of the container advertises that the container satisfies the HM181 DOT\nrequirements. There are no DOT or UN markings on the container. Closure instructions did not accompany the\nreusable metal container and the retiring company that provides the container advised that there were no\ninstructions.\nI am seeking a letter of interpretation regarding whether closure instructions are required when shipping 2000\npounds of elemental mercury in a non-specification reusable metal container over-the-road by trailer. I have\nreviewed 49 CFR 173.164, 49 CFR 172.101, and 172 CFR 240. It is my understanding from telephone\nconversations with two different individuals at the Hazardous Materials section of the DOT, that a non-specification\nmetal container is the appropriate container to use when shipping 2000 pounds of elemental mercury and that the\nCode of Federal Regulations (CFR), does not require closure instructions when shipping elemental mercury in this\ntype of container. It is also my understanding that there is no requirement of the manufacturer or supplier of the\ncontainer to provide closure instructions since this is a non-specification metal container.\nI am confused however by the requirements of 49 CFR 178.2(c) dealing with “Specifications for Packaging” and 49\nCFR 173.22(4)(ii) “Shipper’s Responsibility”, as they relate to the need for and retention of closure instructions,\n\n<<<PAGE 3>>>\n\nand I am seeking clarification. Specifically, are the “closure instruction” requirements stated at 49 CFR 178.2(c)1(i)\nand 49 CFR 173.22(4)(ii) applicable to a non-specification metric ton reusable metal container transporting\nelemental mercury over-the-road in the United States.\nI appreciate any guidance you can give me whether closing instructions are required when shipping 2000 pounds\nof mercury in a non-specification reusable metal container. I may add that prior to being picked up, the container\nis placed on a pallet twice its weight, banded and then shrink wrapped to the pallet.\nVery truly yours,\nFern B. Miller, Esquire\nPillinger Miller Tarallo\n1880 John F Kennedy Blvd,\nSuite 1803\nPhiladelphia, PA 19103\n445.400.4570\nfmiller@pmtlawfirm.com\nDisclaimer\nThe information contained in this communication from the sender is confidential. It is intended solely for use\nby the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that\nany disclosure, copying, distribution or taking action in relation of the contents of this information is strictly\nprohibited and may be unlawful.","truncated":false,"body_characters":5733}