Raloid Corp. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration JAN 9 1998 Mr. Robert A. Robbins, QAR Defense Contracts Management Command C/O Raloid Corp. 109 Wabash Ave. Reisterstown, MD 21136 Dear Mr. Robbins: This is in response to your letter of December 1, 1997 concerning undeclared shipments of self- propelled vehicles that may be transported by aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The broad exceptions provided in § 173.220 for self-propelled vehicles do not negate their designation as a hazardous material. The HIMR requires that persons who offer for transportation or transport self-propelled vehicles in commerce must be made aware of the hazards they pose and comply with all appropriate requirements in the HMR to assure their safe transportation. In a June 14, 1996 notice published in the Federal Register (copy enclosed), this Office provided advisory guidance to persons involved in the transportation of hazardous materials to ensure that hazardous materials are properly identified, packaged, authorized for transportation, handled, loaded and transported in conformance with the HMR. The purpose of this notice is to alert shippers and carriers to the hazards posed by undeclared shipments and to raise in part the awareness of persons like "packagers" in recognizing those threats and taking appropriate measures to assure compliance with the HMR. If you believe the HMR should be revised to better address requirements for self-propelled vehicles, you may submit a petition for rulemaking as provided in § 106.31. I hope that this information is helpful. If you need further assistance, please contact us. Sincerely, Thomas G. Allan Deputy Director Office of Hazardous Materials Standards Enclosure#

Page 2=+, DEFENSE CONTRACIS MANAGEMENT COMMAND ONes DCMC Baltimore, Government QAR DCMDE-GTEC politi c/o Raloid Corp. / R. Robbins Reisterstown, MD 109 Wabash Ave. 21136 IN REPLY 5 REFER TO: DCMDE-GTEC December 1" • 1997 MEMORANDUM FOR U.S. Department of Transportation, Research and Special Programs Administration Office of Hazardous Materials Standards ATIN: MI. Thomas Allan, Deputy Director SUBJECT: Follow-Up On Some Problems With 49 CFR, sec. 173.220 provisions of 49 CFR, sec. 173.220, - AS WRITTEN. This is to follow-up on a letter I wrote to you early this year about the where items could be prepared per 173.220 and allow In February 1997, I wrote you about my concerns; - particularly those ( see attached ). some hidden situations Since that time, - one small change was made to the provisions of 173.220. But, - I didn't receive anything in writing from you / your related offices, - and the changes made to 173.220 will still allow hidden HAZMAT shipments. strongly feel that changes should be made for items shipped in boxes or freight containers, - especially since those are allowed by sec. 173.220 to unless they just happen to initially be prepared for aircraft or vessel. be prepared / transported without HM shipping papers, marking or labeling; - people show that they don't readily understand / apply provisions correctly. Although items prepared / shipped per 173.220 are hazardous; - too many And, - the provisions of 173.220 allow often undisclosed / hidden hazards. - while possibly containing many gallons of ( undisclosed ) flammable fuel. Later, - some shipments could be put in cargo holds of passenger aircraft; Some of those could result in dire situations like Valu-Jet or T#A in 1996. If you're unable to contact A written reply is requested. If you have any questions, please call me. me, - please leave a message. DAAK Information: GTE GTEC / H. Seborg / F. DiMeo Robert A. Robbins, DCMC QAR GTWF OTPT / B. Twist / M. McTighe (410) | 526-3674 (410) 833-1579 Phone FAX WP51\PROB_173.002 (dah)#

Page 3... DEFENSE CONTRACTS MANAGEMENT COMMAND DCMC Baltimore, DCMDE-GTEC Government QAR / R. Robbins 109 Wabash Ave. Raloid Corp. Reisterstown, MD 21136 IN REPLY REFER TO: DCMDE-GTEC February 20" , 1997 MEMORANDUM FOR U.S. Department of Transportation, Office of Hazardous Materials Standards kesearch and Special Programs Administratior ATTN: Mr. Thomas Allan, Deputy Director SUBJECT: Some Problems With 49 CFR, sec. 173.220 , - AS WRITTEN shipments of some The purpose of this is to identify some problems noted in the field mith items under the provisions of 49 CFR, sec. 173.220 • Baltimore DCMC; - working with us in late 1996, on First, - let me say " Thanks again " for meeting with the three of us from issues ( fuel tank vents and 173.220 ), - and providing written replies. the previous related - along with some other associates from both of our offices. As you're aware, - I met with you on November 5th, at your headquarters, and discussed shipments of some We reviewed when fitted in machinery or vehicles Engines, internal combustion, including and related portions of the CFR provisions to those. - as well as, - the many referenced Iwo Inter-Related Issues Seem To Result In Misunderstanding And Confusion For the issues at hand; - there appears to be understanding and applying the provisions of sec. 173.220, - as written. several problems with 2. Is more complicated, when 1. Is for shipping Engines, internal combustion those are shipped in freisht containers. , - fitted in a vehicle. appear as As we discussed before, -- some of the provisions of 49 CFR, sec. 173.220 the intent of the CFR; - because poorly written. People have some difficulty in application of doesn't seem to some of 173.220, - as it's clearly say what (you said) it written means ! Specifically, - some misunderstanding and then misapplying the packaging and exception provisions packaging and/or shipping people have shown of sec. 173.220. from the HMR provisions Some people consider items under 173.220 as entirely, -- if they follow and use sec. 173.220. excepted Some of these There have been many varied understandings and opinions given recently. offering for transportation: = and improper transportation of proper have led to improper packagings#

Page 4= PROB_173.001 (2) Eor Shippins Bngines, Internal Combustion, - Bitted In 1 Vehicle Don't The provisions in the first part of 173.220, - such as; (b) (1): clearly state, or - otherwise clearly indicate that; - Fuel tanks for transportation by highway or rail car, - don't have to be drained (first ), - but up to the normal filling point (or, - as otherwise appropriate ). * As written, - those provisions of 173.220 appear to state or indicate that the fuel tanks should apply the other provisions, - as applicable. drained (first ), - then one should ** The provisions of 173.220 (b) (1) Some packagers and/or shippers don't readily understand appear as misleading and confusing. those provisions of 173.220 (b) (1) correctly. As written, 173.220 (b) (1) apply is seen as leading to, or contributing to some improper actions. b. The provisions in the latter part of 173.220, - such as; (g) (1): Don't clearly state, or - otherwise clearly indicate that; - For transportation by highway: The exception Hazardous Materials (HAZMAT ) shipping papers, labeling and marking are really means that; - excepted ( and, - the items are considered as HAZMAT ). *** HAZMAT You said, - even if, - the provisions in 173.220 (g) (1) excepts any it's shipping papers still regulated • marking Hazardous Materials . or labeling of the product;- part, You also said, - in sec. 173.220(8) (1), - where it states, - in Are not for transportation by motor vehicle or rail car; and .." subject to any other requirements of this subchapter, that although, maybe not stated as such, - this means or other sections; such as, - 173.21 and 173.24 - some parts, portions - even if, —- they're transported by motor vehicle or rail car . really do apply **** The provisions of 173.220(8) (1) Some packagers and/or shippers appear as misleading and confusing. those provisions of 173.220 (g) (1) correctly. As written, 173.220 (g) (1) readily understand is also seen as leading to, - or contributing to some improper actions. Recent observations in the field have Some packagers and shippers have misunderstood those 173.220 provisions. clarifications from DoT; - at least, clearly shown people that, - even still don't after understand and/or the provisions of 173.220(g) (1) correctly. fully Some recently have used 173.220 (g) (1) to except all of the HMR provisions. sec. 173.220(b) (1) and (g) (1) It appears that, - in the best interests of the Government and public; - oI minimize misunderstanding and confusion by packagers and/or shippers. could and should be revritten to preclude#

Page 5= PROB_173.001 (3) For Shipping Engines, Internal Combustion, - In Freight Containers It's more complicated when shipping Engines in freight containers . - has If, there's an Engine, internal combustion, in a self-propelled vehicle, some the fuel vents are securely closed, and the item is prepared for shipment by flammable fuel remaining in the fuel tank, - the fuel tank and highway, per the 49 CFR, sec. 173.220 (b) (1); - it's the HAZMAT shipping papers , labeling marking, per 173.220 (g) (1). excepted from Additionally, - for domestic transportation by highway, - placarding of the vehicle isn't required, - per 172.504 (c) (1). cover items shipped in Unfortunately, the provisions of 173.220 don't appear to adequately boxes or freight containers . readily discernable or readily accessible items; - versus totally enclosed, As written, 173.220 doesn't have differentiations from " rolling stock " That shows to be a problem. It allows hidden / undisclosed Class 9 hazards. non-discernable or non-accessible items, — in a box or freight container. It's Machines and items are getting bigger, better; - lasting longer each day. likely that one may now If it's properly packaged and shipped, - that's a lot of fuel for a Class 9. be equipped with two 100 gallon fuel tanks. But, -- it would still meet the current written requirements of 173.220. So, - we can now have an item shipped in a box or freight container; transported on public highways, having two hundred gallons of flammable fuel in inside containers ( spec or papers, marking or labeling of the outside containers, - and no placarding non-spec), —- with NO HAZMAT shipping transportation vehicle. - who knows what the hazards In a situation similar to the above, - other than the packager / shipper; are or might be would they? * The unknowing would normally include the dispatchers, transporters, downstream receivers, inspectors, handling and/or storage people, as well as, emergency response people; and the public, - at large. Recent events have hazards; could and clearly shown that failing to mark and/or label some Recent events have also shown that might easily result in readily discernible some grave situations. should be done to prevent some tragic circumstances. marking / labeling It portions for, - or references to, appears that the provisions of 173.220 should be rewritten to include readily discernable, readily accessible or those used during transportation; items which aren't " rolling stock " particularly those containing internal containers of For related references, - see 173.3, 173.9, 173.13, 173.21 (g), 173.24 (b) (1), flammable fuel. 173.24 (f) (1) & (g), 173.24a(a) (1), 173.29(a)&(b) (1) and 173.312 (a) (1)&(2).#

Page 6: PROB_173.001 • (4) It Shows That Some Shipments Could Go Incorrectly By Passenger Aircraft As you're aware, - Engines, internal combust orbidcontaining hazard; - and are any passenger carrying aircraft, - per the provisions of sec. 173.21(g) . strictly • shipment by some people not readily understanding / applying the provisions correctly, However, - the combined effects of sec. 173.220; - as it's written, - and, and, -- those - if the Engines were shipped in boxes or freight containers, then; - with no HAZMAT unmarked and unlabeled shipping boxes or freight containers, - along (although, - incorrectly) on could some passenger very easily be carrying aircraft. shipped If the above occurred, - it could result similar to the Value-Jet crash. I feel most strongly that we should do our best to prevent such situations. Fith These Issues And Factors In Kind, - This Is Submitted To You existed for some time now. recently discovered that problems related to sec. 173.220 have We've seen that items Those problems appear to have led to other have been packaged and shipped incorrectly. However, Many of us in the field are trying to ensure proper HAZMAT shipments. Further; - those need that we need some more changes in the regulations. to be done in clear text statements. Perhaps a clarifying article, - printed in the Federal Register might help. I recommend that clear changes be made to sec. 173.220, - fairly soon. " Thanks " in advance If you have any questions, —- please call me. • for your attention to these issues and factors. back to you soon; - then, please contact my alternate or my If you're unable to contact me, - please leave a message. If I don't get My alternate is Michael Mclighe. Team Leader My Team Leader is Hugh Seborg • He can be reached at (410) 339-4876. can be reached at (410) 339-4902. SITAN Information: GTE GTEC / H. Seborg / F. DiMeo Robert A. Robbins, DCMC QAR GTEC / I. Hirsch (410) 526-3674 Phone GTTAB / M. MoTighe (410) 833-1579 FAX WP51 \PROB_173.001 (dah)#