{"operation":"document","citation":"24-0055","title":"Specialized Professional Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-29","effective_on":null,"summary":"24-0055 response to Specialized Professional Services, Inc. concerning 172.330.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-12/240055.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOctober 29, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nHarry Hopes\nPrincipal\nSpecialized Professional Services, Inc.\n300 Commercial Drive\nWashington, PA 15301\nReference No. 24-0055\nDear Mr. Hopes:\nThis letter is in response to your June 18, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of\nhazardous materials in rail tank cars. Specifically, you describe a scenario in which you transport\n“UN3295, Hydrocarbons, liquid, n.o.s. (Natural Gasoline), 3, PG I” in a DOT-112 tank car that\nhad previously been used to transport unodorized “UN1075, Liquefied petroleum gas, 2.1”\n(LPG). You state that the “NOT ODORIZED” marking—required by § 172.330(c) for the\ntransportation of unodorized LPG—is left on the tank car, while all other LPG markings and\nplacards are removed and replaced with appropriate markings and placards for the transport of\nUN3295. You ask whether the HMR require the inclusion of the wording “Non-Odorized” or\n“Not-Odorized” on the shipping paper when transporting UN3295 in the scenario as described.\nThere is no HMR requirement to mark “Non-Odorized” or “Not-Odorized” on a tank car\ntransporting UN3295, or to note this on the corresponding shipping papers. However, the “Non-\nOdorized” and “Not-Odorized” markings are typically only used for LPG. Therefore, leaving the\nmark on a tank car transporting a different material, especially one with its own distinct odor\n(regardless of whether an odorant has been added), could be misleading to an inspector or first\nresponder, resulting in further frustration of your shipment or disruption of an incident response\nscenario. Additionally, leaving markings on the tank car that are not reflected on the shipping\npapers could result in further frustration of your shipment and could mislead emergency\nresponders during a rail incident. We strongly encourage you to remove or cover up these\nunnecessary marks.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nJacobson\n24-0055\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation - Non Odorized markings\nDate: Tuesday, June 25, 2024 4:27:30 PM\nHello Alice,\nPlease see the below interpretation request and mailing address.\nLet us know if you need anything.\nSincerely,\nJanaye\nFrom: Harry Hopes \nSent: Monday, June 24, 2024 6:50 AM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Letter of Interpretation - Non Odorized markings\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.\nMy mailing address is:\nSpecialized Professional Services, Incorporated\nHarry Hopes - Principal\n300 Commercial Drive\nWashington, PA 15301\n704-490-1891\n724-228-2700 (24 hour number)\nHarry Hopes, CHMM\nhopes@spcigroup.com\nOn Jun 21, 2024, at 3:53 PM, INFOCNTR (PHMSA) \nwrote:\nDear Harry,\n\n<<>>\n\nWe have received your request for a written letter of interpretation regarding the\nhazardous materials regulations (49 CFR Parts 171-180). The hazardous materials\nregulations are available at the following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing, please respond to this\nemail with:\nPhysical Mailing Address\nSincerely,\nJanaye, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance\nmay be requested in accordance with 49 CFR\n105.20. https://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-\nmaterials-information-center\nFrom: Harry Hopes \nSent: Tuesday, June 18, 2024 1:01 PM\nTo: INFOCNTR (PHMSA) \nSubject: Letter of Interpretation - Non Odorized markings\nCAUTION: This email originated from outside of the Department of\nTransportation (DOT). Do not click on links or open attachments unless you\nrecognize the sender and know the content is safe.\nScenario:\nA client regularly ships Liquefied Petroleum Gas (LPG) in DOT112 tank cars. They also transport\nHydrocarbons, Liquid,N.O.S. (Natural Gasoline), classified as a Class 3 Flammable Liquid -\nPacking Group I. Typically, these flammable liquids are shipped in DOT111 or DOT117 tank\ncars. However, occasionally, the client needs to use DOT112 cars for this Class 3 product. In such\ncases, the existing Liquified Petroleum Gas markings on the rail cars are removed, but the \"Non-\nOdorized\" markings remain since this product lacks an odorant.\nRegulation Inquiry:\nI have carefully reviewed the relevant regulations found (49CFR172.203(p) and 172.330(c) and\n\n<<>>\n\nfound that they pertain specifically to Liquefied Petroleum Gas.\nQuestion:\nIs there a regulation requiring the inclusion of \"Non-Odorized\" wording on the shipping documents\nfor this Class 3 liquid shipped in DOT112 cars?\nThank you\nHarry Hopes, CHMM\nhopes@spcigroup.com","truncated":false,"body_characters":5357}