{"operation":"document","citation":"98-0239","title":"Ms. Donna J. Buckinger — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-06-01","effective_on":null,"summary":"98-0239 concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0239.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0239.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0239","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980239.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nJUN - 1 1999\nMs. Donna J. Buckinger\n8512 SE Middleway\nVancouver, WA 98664\nRef. No. 98-0239\nDear Ms. Buckinger:\nThis is in response to your letter requesting clarification on how to determine a proper\nshipping name in accordance with the hazardous materials regulations. You state that you\nhave a different opinion than the manufacturer of your product concerning the marking of\ncartons and proper shipping name assignment. Specifically, you state that the manufacturer of\nyour product prefers your company use the proper shipping name \"Coating solution\" whereas\nyour company prefers using the name \"Paint UN1263.\" You asked which name is most\nappropriate under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nBased on the information you provided, it is our determination that this material may be\nproperly described by the generic proper shipping name \"paint\" or \"coating solution.\" Both\nof these shipping descriptions include a wide range of products and we defer to the\nmanufacturer's or subsequent shipper's judgement in the selection of the most appropriate\nproper shipping name.\nI hope this satisfies your request.\nSincerely\n1. 000\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n980239\n172.101\n\n<<<PAGE 2>>>\n\nKarim\nAugust 10, 1998\n§172.101 C)\nMr Edward T.Mazzullo\nOffice of Hazardous Materials Standards\nDirector\ncoating SOLUTi\nUS DOT/RSPA\n400 7\" Street SW\nWashington, DC 20590-001\n98-0239\nDear Mr. Mazzullo:\nI am with a small company dealing with another smaller company who has a somewhat different opinion\nconcerning the marking of cartons and proper shipping name for a hazardous material.\nI realize the DOT does not choose the classification for products, it is up to the manufacturer. But what if\nthe manufacturer and a customer do not agree on the classification. I have been told by someone in a DOT\noffice that we could stop buying the product but this in not an option. That is rather an evasive answer so\ntransport or ship this product. This makes me a shipper, and in good conscious I do not feel this is the\nIm writing to you. I would not have a problem with the marking by this company, except we in turn\nproper marking for the products) in question. I would appreciate your opinion on this issue.\ncompany. I just want to know if I'm in left field or what.\nI do not want to cause problems for the manufacturer, but I also do not want to cause problems for my\nsolution.\nPage three of the material safety data sheet for Spantex gives the D.O.T. Proper Shipping name as Coating\nfor industrial or other purposes such as vehicle undercoatings,drum or barrel lining)\n172.101 Hazardous Materials Table lists Coatings solution (includes surface treatments or coatings used\nThis product is used to paint decks on homes.\nshown in the Table, selection of a proper shipping name shall be made from generic or n.o.s.\nUsing 171.1010(10)(ii) Generic or n. o.s. descriptions stating \"If an appropriate technical name is not\nTable 172.101 lists\ndescriptions.... The name that most appropriately describes the material shall be used:\"\nlacquer base. UN 1263\nPaint including paint, lacquer, enamel, stain shellac solutions, varnish, polish, liquid filler, and liquid\nPaint or Paint related material UN 3066\nPaint related material including paint thinning, drying, removing or reducing compound UN 1263\nBased on the above information I feel the most appropriate description would be Paint UN1263. But\nfaced with reshipment of previously marked cartons.\nsomehow cannot get the manufacturer to see beyond coatings solution. This becomes a real problem when\nThank you for your reply.\nSincerely,\nDonna J. Buckinger\n. 8512 SE Middleway\nEncl: MSDS for Spantex\nVancouver, WA 98664","truncated":false,"body_characters":3883}