{"operation":"document","citation":"24-0045","title":"Oak Harbor Freight Lines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-11-05","effective_on":null,"summary":"24-0045 response to Oak Harbor Freight Lines concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0045.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0045.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0045","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-12/240045.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 5, 2024\nJoe Guzman\nCentral/Southern Districts Safety Supervisor\nOak Harbor Freight Lines\n832 F St West\nSacramento, CA 95605\nReference No. 24-0045\nDear Mr. Guzman:\nThis letter is in response to your June 7, 2024, email and subsequent phone calls with a member\nof my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to the hazardous materials description on shipping papers. You ask about a\npaint kit that is comprised of two different hazardous materials that are individually packaged\nand then placed in a single drum, which functions as the outer packaging of a combination\npackaging. Specifically, you ask whether the requirement to indicate the number and type of\npackages as part of the shipping description—as specified in § 172.202(a)(7)—is fulfilled by\nindicating that the shipment contains one package (i.e., a drum) for the entire consignment (i.e.,\npaint kit) as shown below:\n# Packages HM Quantity Pack\nDescription Classification Description Weight\n1 X 3.79 L\nALL ONE\nUN2735, AMINES, LIQUID,\n9 LBS\nDRUM\nCORROSIVE, N.O.S. (FATTY ACIDES,\nTALL OIL, REACTION PRODUCTS\nWITH TETRAETHYLPENTAMINE,\nTETRAETYHLYPENTAMINE), 8, PGIII\n15.14 L\nUN1263, PAINT, 3, PGIII\n91 LBS\nThe answer is yes. It is the opinion of this Office that for a combination package, it is appropriate\nto list the outer packaging as the package type on the shipping paper. Additionally, where\n\n<<>>\n\nmultiple hazardous materials described by differing § 172.101 Hazardous Materials Table entries\nare contained in a combination packaging, they should be entered on sequential rows so that the\ntotal quantity associated with each description is clearly identified.\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\n24-0045\nJones, Jessie Jane CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Friday, June 7, 2024 1:57 PM\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter Of Interpretation\nAttachments: Drum with 2 HMs.pdf\nFollow Up Flag: Follow up\nFlag Status: Flagged\nHi Alice,\nPlease see the below interpreta on request and the a achment.\nPlease let me know if you have any ques ons on anything.\nRegards,\n-Breanna\nFrom: Joe Guzman \nSent: Friday, May 31, 2024 1:10 PM\nTo: INFOCNTR (PHMSA) \nSubject: Letter Of Interpretation\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.\nGood Morning,\nI am reques ng a le er of interpreta on on mul ple shipping descrip ons on 1 BOL placed in an overpack with only 1\npiece count and 1 package type. See a achment. There are 2 different but compa ble hazard classes in their own\ncontainers (not mixed) and have been placed in one drum. The shipper is only offering 1 piece count and 1 package type.\nMy ques on is, is this a compliant BOL?\nThank you for your me and assistance.\nThank you\nJoe Guzman\nCentral/Southern Districts Safety Supervisor\nwww.oakh.com\nP 916-371-2564 x12539 | C 209 298 9407\n1\n\n<<>>\n\nPackages\n#of\nHM X\nQuanty UM\nPack Description\nUN2735,\nClassification Description\nClass/Sub\nACIDS, TALL OIL, REACTION PRODUCTS WITH\nAMINES, LIQUID, CORROSIVE, N.O.S. (FATT\nTETRAETHYLENEPENTAMINE\n15.14 l\nALL ONE DRUM\nTETRAETHYLENEPENTAMINE), 5, PG .!I\nUN1263, PAINT, 3, PG III\n91 LBS\n36117590\nMATERIALS\nHAZARDOUS\nShipping Instructions\nCHEM-TEL - 24 hours @ 1-800-255-3924 (North America) +1-813-248-0585\nFor chemical emergencies involving spill, leak, fire, exposure or accident. phone\n(Interational); Contract #MIS0003110\nRemit COD\nto Address\nCOD Foo\nFor freight collect shipments\nTotal Charges\nCOD Amount\nTotal Charges\nthis shipment is to be delivered to the consignee, without recourse on U\ninsignor, the consignor shall sign the following statemen\nFreight Charges\nle camer may cecline to make delivery of this shipment without payme\nalue of the property is hereby specifically stated by th\nfreight and all other lawful chargi\nPREPAID\nhipper to be not exceedin:\nper\n(Signature of Consignor)\nhereby agreed to by the shipper and accepted for himsolf and his assigns.\nMotor Freight Classification 100-X and successive issues. The shipper hereby cortfies that his familiar with all terms and conditons the said bill of lading. including those on the back thereof, and the said terms and conditions are\nShipper\nCarrior\nPer SUVIRO B. PAOLIM\nPer\nThis is to certify that the abovo-named matenals are property classified, described.\nShipper Certification\nCarrier Certification\npackageo, markeo ana laboreo, ana are in propor conason for vansporacon accorde\nho applicable regulations of the Departmont of Transportali\nand/or carrier has the Department of Transportation emergency response guidebook or equivalent document in the vehicle\nCarrier acknowledges receipt of package and required placards. Carrier certifies emergency response information was made available\nPer\nPer\nPackage Nos.\nDate 05/24/24\nDate\nPage 1 of 1\n\n<<>>\n\nHAR\n6-2302205020\nG000L0ZOC\nCORROS™","truncated":false,"body_characters":5356}