{"operation":"document","citation":"98-0245","title":"Fluoroware, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-10-19","effective_on":null,"summary":"98-0245 response to Fluoroware, Inc. concerning 172.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0245.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0245.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0245","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980245.pdf","body":"<<<PAGE 1>>>\n\n5:.-4\nU.S.Department\nof Transportation\n400 Seventh Street, S.W.\nSpecial Programs\nResearch and\nWashington, D.C.\n20590\nAdministration\nOCT 1 9 1998\nMr. Barry Rauworth\nFluoroware, Inc.\nRef. No. 98-0245\n102 Jonathan Boulevard North\nChaska, Minnesota 55318\nDear Mr. Rauworth:\nThis is in response to your letter dated August 18, 1998, regarding your client's concerns relative\nto the transportation of hazardous materials in a dual marked container, under the Hazardous\nMaterials Regulations (HMR; 49 CFR 171-180).\nYour company, Fluoroware, Inc., manufactures containers used for the transportation of \"Nitric\nacid.\" Fluoroware Inc., was also the holder of exemption \"DOT-E-9316\" to manufacture, mark\npolyethylene or steel outer packagings for the shipment of up to 71% Nitric acid mixture.\nand sell composite drums that utilize PFA Teflon liners as the primary containment and\nAlthough Fluoroware, Inc., no longer manufactures these packagings under the above-mentioned\nexemption, it continues to sell such packagings manufactured and marked to the UN standard.\nYour clients (shippers) who use these containers for the shipment of regulated materials are\nconcerned to the cor bine permanenly dual mark ch veil reme comaniay. You asked\nyour understanding is correct that the exemption number can remain on the container as long as\nthe exemption is not being used as a means to ship the regulated materials.\nAs you are aware, RSPA issued a final rule [Docket HM-181H; 61 FR 50616; 9/26/96], which\nrevised 49 CFR 173.158(f(1) to authorize 6HH1 and 6HA1 composite packagings with PFA\nreflon inner receptacles for nitric acid concentrations of 70% or less. The composite packagings\nlaving been previously authorized under several exemptions. had demonstrated an equivalent\nlevel of safety.\n\n<<<PAGE 2>>>\n\n3..\nYour understanding is correct. The prohibited marking requirements, in 49 CFR 172.303, do not\nrequire removal or obliteration of the exemption number from the packaging, even when the\npackaging is not being used under the terms of the exemption. However, in order to minimize\nconfusion or frustration of the shipment, you may wish to cover or obliterate the exemption\nnumber marking when the packaging is not being used under the terms of the exemption.\nI hope this satisfies your inquiry.\nSincerely,\nVil 765065\nDeimer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nof Transportation\nU.S. Department\n20590\nSpecial Programs\nResearch and\nAdministration\n(EIGHTH REVISION)\nDOT-E 9316\nEXPIRATION DATE: July 31, 1998\n(FOR RENEWAL, SEE 49 CFR 107.105.)\n1.\nGRANTEE: Fluoroware, Incorporated, Chaska, Minnesota.\n2.\nPURPOSE AND LIMITATIONS: This\nmanufacture, mark and\nexemption\nsell of a non-DOT specification\nauthorizes\nthe\ncomposite packaging consisting of an inner receptacle\nreflon PFA plastic, contained in a steel or polyethylene outer\nof\nto the limitations and special requirements specified herein,\npackaging, for the shipment of up to 71% nitric acid, subject\nspecifically stated.\nand provides no relief from any regulation other than as\n3.\nREGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-\n180.\n4.\nREGULATIONS FROM WHICH EXEMPTED: 49 CFR Section 173.158.\n5.\nBASIS:\nThis exemption\nis\nbased\nIncorporated's application dated June 21, 1996, submitted in\nFluoroware,\naccordance with 49 CFR 107.105.\nHAZARDOUS MATERIALS (49 CFR 172.101) :\ndescription/proper\nHazardous materials\nHazard Class/\nshipping name\nDivision\nNumber\nIdentification\nPacking\nGroup\nNitric acid\n8\nUN 2031\nII\n:1\n!\n\n<<<PAGE 4>>>\n\nContinuation of 8th Rev. DOT-E 9316\nPage 2\n7.\nPACKAGING (S) and SAFETY CONTROL MEASURES:\na.\nreceptacle comparable to DOI-2S or 2SL, except that the inner\nPACKAGING -A composite packaging consisting of an inner\npackaging is rotationally molded of Teflon PFA resin and has\nbe either of the following:\na minimum thickness of 0.040-inch. The outer packaging shall\ncylindrical\nconstruction) of 15-, 30-, or 55-gallon capacity; or\nsteel overpack (of all 16 gauge\n5-, 15-, 30-, or\nouter packaging comprising two components, a top shell\n55-gallon capacity polyethylene\nand a base.\ninch rivets or 1/4-inch bolts after the Teflon PFA inner\nThe components are joined together by 1/4-\nreceptacle is inserted.\nshipment, must be tested in accordance with 49 CFR Subpart M\nTESTING - The composite packaging, assembled as for\nof Part 178, at the Packing Group II level for liquids.\nC.\nauthority of this exemption must be either (1) marked with the\nMARKING - 1. Each packaging manufactured under the\nname oi the manutacturer and location (city and state) of the\nregistration symbol designated for a specific manufacturing\nracillty at which it 1s manufactured or (2) marked with a\nfacility.\nii. The outside of each package must be plainly and\ndurably marked \"DOT-E 9316. \"\n8. SPECIAL PROVISIONS:\na. Offerors for transportation of the hazardous materials\nspecified in this exemption may use the packaging described in\nthis\nexemption for the transportation of such hazardous\nthe packages,\nfacility from which such offering occurs.\nb.\nmaintained\nA COpY OI this exemption, In its current status, must be\npackaging is manufactured and must be made available to a DOT\nmanutacturing facility at which this\nrepresentative upon request.\n2..\n\n<<<PAGE 5>>>\n\nContinuation of 8th Rev. DOT-E\n9316\nPage 3\nmust comply with all\nShippers using the packaging covered by this exemption\nother applicable requirements contained in 49 CFR Parts 171-\nProvisions of this exemption, and all\nPEA liner or polyethylene\nAny change in the material used to manufacture the Teflon\nAssociate Administrator for Hazardous\n: overpack must be approved by the\nPrototype test results for the tests required in paragraph 7\nMaterials Safety.\nof this exemption\nthe plastic resin.\nmust accompany any request for changes in\n9.\nMODES OF TRANSPORTATION AUTHORIZED:\nfreight, and cargo vessel.\nMotor vehicle, rail\n10. MODAL REQUIREMENTS:\nvessel or motor vehicle used to transport packages covered by\na. A copy of this exemption must be carried aboard each cargo\nthis exemption.\n11.\nCOMPLIANCE: Failure by a person to comply with any of the\nfollowing may result in suspension or revocation of this\nexemption and penalties prescribed by the hazardous materials\ntransportation law, 49 U.S.C. Section 5101 et seg.:\n• All terms and conditions prescribed in this exemption and\nthe Hazardous Materials Regulations, 49 Parts 171-180.\nRegistration required by 49 CFR 107.601 et seg., when\napplicable.\nNo person may use or apply this exemption, including display\nno longer in effect.\nof its number, when the exemption has expired or is otherwise\n12.\nREPORTING REQUIREMENTS: The carrier is required to report any\nincident involving loss of packaging contents or packaging\nSafety (AAHMS) as soon as practicable.\nfailure to the Associate Administrator for Hazardous Materials\n(49 CFR 171.15 and\nthis exemption.) In addition, the holder (s) of this exemption\n171.16 apply to any activity undertaken under the authority of\nmust also inform the AAHMS, in writing, as soon as practicable\nunder this exemption.\nany incidents involving the package and shipments made\nI BELA.\n\n<<<PAGE 6>>>\n\nContinuation of 8th Rev. DOT-E 9316\nPage 4i\nIssued at Washington, D.C.\nMarilyn So. 'Manico\nSeptember 3, 1996\n'Associate Administrator for\nAlan I. Roberts\n(DATE)\nHazardous Materials Safety\nAddress all inquiries to: Associate Administrator for Hazardous\nDepartment of Transportation, Washington, D.C. 20590.\nMaterials Safety, Research and Special Programs Administration,\nAttention: DHM-31.\n241L2\nThe original of this exemption is on file at the above office.\nPhoto reproductions and legible reductions of this exemption are\npermitted.\nAny alteration of this exemption is prohibited.\nDist:\nFHWA, FRA, USCG\n•\n•\n:\n.ii200*:\n\n<<<PAGE 7>>>\n\nU.S. Department\n1D\nof Transportation\n•\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nSFP 3\n1906\nATTENTION EXEMPTION HOLDER(S)\n•\nEnclosed is the\nRevision of DOT-E_/3/6_. Please note the\nmodification(s) to Paragraph(s) 5, 10, exposation date\nSincerely,\nfa Rudy Testing\n:\nOffice of Hazardous Materials\nExemptions & Approvals\n\n<<<PAGE 8>>>\n\n*\nEngrum\n98-0245\nFLUOROWARE\n$ 172.301\n102 Jonathan Boulevard North\nFluoroware, Inc.\nUSA\nChaska, Minnesota 55318\n612.448.3131 Tel.\n612.368.8022 Fax\nAugust 18, 1998\nMr. Ed Mazzullo\nRSPA, DHM-10\nDirector of Hazardous Materials Standards\nU.S.Dept. of Transportation\nWashington, D.C. 20590-0001\n-\nDear Mr. Mazzullo:\ntransportation of regulated materials in a dual marked container.\nWe would appreciate a letter of interpretation regarding a concern a shipper has regarding the\nWe are the manufacturers of containers that are used for the transportation of Nitric acid. Specifically, we\nhave held an exemption (E-9316) since 1984 to manufacture, mark, and sell composite drums that utilize\nPFA Teflon liners as the primary containment and polyethylene or steel outerpacks for handling. These\nadopted a new regulation (49CFR 173.158(D(1)) to recognize this as a standard.\ncontainers have been extremely successful in the safe shipment of nitric acid, and as such, the RSPA has\nFluoroware has always dual marked our containers with a UN number as well as the exemption number.\nThe performance standards set forth by the UN recommendations are, as you are aware of, almost exactly\nthe same as the old DOT performance standards. We have always made sure our containers meet both\nstandards.\nBecause of RSPA's recent recognition of PFA Teflon for applications specified in 173.158, Fluoroware\nand the Exemptions branch of the RSPA agreed that our exemption E-9316 was no longer necessary. As\nsuch, we did not renew the exemption.\nWe recognize that the DOT allows dual marked containers. We also have had some concerns in the field\nmaterials. Their concerns stem from the fact that the containers still have on them the exemption number,\nby our customers regarding the dual markings on containers that are being used for shipment of regulated\ncontainers with an exemption number and have not manufactured them with these numbers for some time.\neven though the exemption has expired. Let me make it clear that we no longer manufacture our\nThe containers of concern are those that were manufactured when the exemption was still in affect. These\ncontainers have both the UN number as well as the expired exemption number permanently molded into\numbrella of the UN numbers on the containers, they are concerned that enforcement officers might be\nthe side of the outerpack. Even though the shippers of the regulated materials are doing so under the\nregulated materials.\nconfused when they see an expired exemption number on a container being used for shipments of\nI have been advised verbally, via a telephone call, by the Hazardous Materials Regulations Information\nCenter (800) 467-4922, that there is no where in the regulations that says that a container cannot have\nmarkings that are not being utilized for the shipment of regulated materials. As such, the exemption\nThe materials management company\n\n<<<PAGE 9>>>\n\n*.\nregulated materials.\nnumber can remain on the container as long as the exemption is not being used as a means to ship the\nIt only makes sense that a container that is dual marked can continue to be used for shipment of regulated\nmaterials as long as it is being done in accordance to current regulations and under the umbrella of the\nUN markings that are on the container. The container is the same. No design, manufacture, or material\nchanges have been made.\nPlease confirm this via a written letter of interpretation so that our customers have documentation to show\n'that could occur due to the-confusion of having an expired exemption number on-a containcr even though\npotential enforcement inspectors. This documentation will help to clarify any possible misinterpretation\nthe UN number is being used to ship the regulated material.\nSincerely,\nBals\nBarry Rauworth\nSenior Project Engineer\n-","truncated":false,"body_characters":11981}