{"operation":"document","citation":"98-0572","title":"Raloid Corp. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-09","effective_on":null,"summary":"98-0572 response to Raloid Corp. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0572.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0572.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0572","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980572.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nJAN 9 1998\nMr. Robert A. Robbins, QAR\nDefense Contracts Management Command\nC/O Raloid Corp.\n109 Wabash Ave.\nReisterstown, MD 21136\nDear Mr. Robbins:\nThis is in response to your letter of December 1, 1997 concerning undeclared shipments of self-\npropelled vehicles that may be transported by aircraft under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180).\nThe broad exceptions provided in § 173.220 for self-propelled vehicles do not negate their\ndesignation as a hazardous material. The HIMR requires that persons who offer for transportation\nor transport self-propelled vehicles in commerce must be made aware of the hazards they pose and\ncomply with all appropriate requirements in the HMR to assure their safe transportation.\nIn a June 14, 1996 notice published in the Federal Register (copy enclosed), this Office provided\nadvisory guidance to persons involved in the transportation of hazardous materials to ensure that\nhazardous materials are properly identified, packaged, authorized for transportation, handled, loaded\nand transported in conformance with the HMR. The purpose of this notice is to alert shippers and\ncarriers to the hazards posed by undeclared shipments and to raise in part the awareness of persons\nlike \"packagers\" in recognizing those threats and taking appropriate measures to assure compliance\nwith the HMR.\nIf you believe the HMR should be revised to better address requirements for self-propelled vehicles,\nyou may submit a petition for rulemaking as provided in § 106.31. I hope that this information is\nhelpful. If you need further assistance, please contact us.\nSincerely,\nThomas G. Allan\nDeputy Director\nOffice of Hazardous Materials Standards\nEnclosure\n\n<<<PAGE 2>>>\n\n=+,\nDEFENSE CONTRACIS MANAGEMENT COMMAND ONes\nDCMC Baltimore,\nGovernment QAR\nDCMDE-GTEC\npoliti\nc/o Raloid Corp.\n/ R. Robbins\nReisterstown, MD\n109 Wabash Ave.\n21136\nIN REPLY\n5\nREFER TO: DCMDE-GTEC\nDecember 1\"\n• 1997\nMEMORANDUM FOR U.S. Department of Transportation,\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\nATIN: MI. Thomas Allan, Deputy Director\nSUBJECT: Follow-Up On Some Problems With 49 CFR, sec. 173.220\nprovisions of 49 CFR, sec. 173.220, - AS WRITTEN.\nThis is to follow-up on a letter I wrote to you early this year about the\nwhere items could be prepared per 173.220 and allow\nIn February 1997, I wrote you about my concerns; - particularly those\n( see attached ).\nsome hidden situations\nSince that time, - one small change was made to the provisions of 173.220.\nBut, - I didn't receive anything in writing from you / your related offices,\n- and the changes made to 173.220 will still allow hidden HAZMAT shipments.\nstrongly feel that changes should be made for items shipped in boxes or\nfreight containers, - especially since those are allowed by sec. 173.220 to\nunless they just happen to initially be prepared for aircraft or vessel.\nbe prepared / transported without HM shipping papers, marking or labeling; -\npeople show that they don't readily understand / apply provisions correctly.\nAlthough items prepared / shipped per 173.220 are hazardous; - too many\nAnd, - the provisions of 173.220 allow often undisclosed / hidden hazards.\n- while possibly containing many gallons of ( undisclosed ) flammable fuel.\nLater, - some shipments could be put in cargo holds of passenger aircraft;\nSome of those could result in dire situations like Valu-Jet or T#A in 1996.\nIf you're unable to contact\nA written reply is requested. If you have any questions, please call me.\nme, - please leave a message.\nDAAK\nInformation: GTE\nGTEC / H. Seborg\n/ F. DiMeo\nRobert A. Robbins, DCMC QAR\nGTWF\nOTPT / B. Twist\n/ M. McTighe\n(410)\n| 526-3674\n(410) 833-1579\nPhone\nFAX\nWP51\\PROB_173.002\n(dah)\n\n<<<PAGE 3>>>\n\n...\nDEFENSE CONTRACTS MANAGEMENT COMMAND\nDCMC Baltimore,\nDCMDE-GTEC\nGovernment QAR / R. Robbins\n109 Wabash Ave.\nRaloid Corp.\nReisterstown, MD\n21136\nIN REPLY\nREFER TO:\nDCMDE-GTEC\nFebruary 20\"\n, 1997\nMEMORANDUM FOR U.S. Department of Transportation,\nOffice of Hazardous Materials Standards\nkesearch and Special Programs Administratior\nATTN: Mr. Thomas Allan, Deputy Director\nSUBJECT: Some Problems With 49 CFR, sec. 173.220 , - AS WRITTEN\nshipments of some\nThe purpose of this is to identify some problems noted in the field mith\nitems under the provisions of 49 CFR, sec. 173.220 •\nBaltimore DCMC; - working with us in late 1996, on\nFirst, - let me say \" Thanks again \" for meeting with the three of us from\nissues ( fuel tank vents and 173.220 ), - and providing written replies.\nthe previous related\n- along with some other associates from both of our offices.\nAs you're aware, - I met with you on November 5th, at your headquarters,\nand discussed shipments of some\nWe reviewed\nwhen fitted in machinery or vehicles\nEngines, internal combustion, including\nand related\nportions of the CFR provisions to those.\n- as well as, - the many referenced\nIwo Inter-Related Issues Seem To Result In Misunderstanding And Confusion\nFor the issues at hand; - there\nappears\nto be\nunderstanding and applying the provisions of sec. 173.220, - as written.\nseveral problems with\n2. Is more complicated, when\n1. Is for shipping Engines, internal combustion\nthose\nare shipped in freisht containers.\n, - fitted in a vehicle.\nappear as\nAs we discussed before, -- some of the provisions of 49 CFR, sec. 173.220\nthe intent of the CFR; - because\npoorly\nwritten. People have some difficulty in application of\ndoesn't\nseem\nto\nsome of 173.220, -\nas\nit's\nclearly say what (you said) it\nwritten\nmeans\n!\nSpecifically, -\nsome\nmisunderstanding and then misapplying the packaging and exception provisions\npackaging and/or shipping people\nhave\nshown\nof sec. 173.220.\nfrom the HMR provisions\nSome people consider items under 173.220 as\nentirely, -- if they follow and use sec. 173.220.\nexcepted\nSome of these\nThere have been many varied understandings and opinions given recently.\noffering for transportation: = and improper transportation of proper\nhave led to\nimproper packagings\n\n<<<PAGE 4>>>\n\n= PROB_173.001\n(2)\nEor Shippins Bngines, Internal Combustion, - Bitted In 1 Vehicle\nDon't\nThe provisions in the first part of 173.220, - such as; (b) (1):\nclearly state, or - otherwise\nclearly indicate\nthat; -\nFuel tanks for transportation by highway or rail car, -\ndon't have\nto be drained (first ), - but\nup to the normal filling point (or, - as otherwise appropriate ).\n*\nAs written, - those provisions of 173.220 appear to state or indicate\nthat the fuel tanks\nshould\napply the other provisions, - as applicable.\ndrained (first ), - then one should\n** The provisions of 173.220 (b) (1)\nSome packagers and/or shippers\ndon't readily understand\nappear as misleading and confusing.\nthose provisions of 173.220 (b) (1) correctly.\nAs written, 173.220 (b) (1)\napply\nis seen as leading to, or contributing to\nsome improper actions.\nb. The provisions in the latter part of 173.220, - such as; (g) (1):\nDon't\nclearly state, or - otherwise clearly indicate that; -\nFor transportation by highway:\nThe exception\nHazardous Materials (HAZMAT ) shipping papers, labeling and marking are\nreally means\nthat; -\nexcepted ( and, - the items are\nconsidered\nas\nHAZMAT ).\n***\nHAZMAT\nYou said, - even if, - the provisions in 173.220 (g) (1) excepts any\nit's\nshipping papers\nstill\nregulated\n• marking\nHazardous Materials .\nor labeling\nof the product;-\npart,\nYou also said, - in sec. 173.220(8) (1), - where it states, - in\nAre not\nfor transportation by motor vehicle or rail car; and ..\"\nsubject to any other requirements of\nthis subchapter,\nthat although,\nmaybe\nnot\nstated\nas\nsuch,\n- this means\nor other sections; such as, - 173.21 and 173.24\n- some parts, portions\n- even if, —- they're transported by motor vehicle or rail car .\nreally\ndo\napply\n**** The provisions of 173.220(8) (1)\nSome packagers and/or shippers\nappear as misleading and confusing.\nthose provisions of 173.220 (g) (1) correctly. As written, 173.220 (g) (1)\nreadily understand\nis also seen as leading to, - or contributing to some improper actions.\nRecent observations in the field have\nSome packagers and shippers\nhave misunderstood those 173.220 provisions.\nclarifications from DoT; - at least,\nclearly shown\npeople\nthat, - even\nstill\ndon't\nafter\nunderstand\nand/or\nthe provisions of 173.220(g) (1) correctly.\nfully\nSome recently have used 173.220 (g) (1) to except all of the HMR provisions.\nsec. 173.220(b) (1) and (g) (1)\nIt appears that, - in the best interests of the Government and public; -\noI\nminimize\nmisunderstanding and confusion by packagers and/or shippers.\ncould and should be revritten to preclude\n\n<<<PAGE 5>>>\n\n= PROB_173.001\n(3)\nFor Shipping Engines, Internal Combustion, - In Freight Containers\nIt's more complicated when shipping Engines in freight containers .\n- has\nIf, there's an Engine, internal combustion, in a self-propelled vehicle,\nsome\nthe fuel vents are securely closed, and the item is prepared for shipment by\nflammable fuel remaining in the fuel tank, - the fuel tank and\nhighway, per the 49 CFR, sec. 173.220 (b) (1); - it's\nthe\nHAZMAT\nshipping papers ,\nlabeling\nmarking, per 173.220 (g) (1).\nexcepted\nfrom\nAdditionally, - for domestic transportation by highway, - placarding of\nthe vehicle\nisn't required, - per 172.504 (c) (1).\ncover items shipped in\nUnfortunately, the provisions of 173.220 don't appear to adequately\nboxes or\nfreight containers .\nreadily discernable or readily accessible items; - versus totally enclosed,\nAs written, 173.220 doesn't have differentiations from \" rolling stock \"\nThat shows to be a problem. It allows hidden / undisclosed Class 9 hazards.\nnon-discernable or non-accessible items, — in a box or freight container.\nIt's\nMachines and items are getting bigger, better; - lasting longer each day.\nlikely that one may\nnow\nIf it's properly packaged and shipped, - that's a lot of fuel for a Class 9.\nbe equipped with two 100 gallon fuel tanks.\nBut, -- it would\nstill\nmeet the\ncurrent written requirements of 173.220.\nSo, - we can now have an item shipped in a box or freight container;\ntransported on public highways, having two hundred gallons of flammable fuel\nin inside containers ( spec or\npapers, marking or labeling of the outside containers, - and no placarding\nnon-spec), —- with\nNO HAZMAT\nshipping\ntransportation vehicle.\n- who knows what the hazards\nIn a situation similar to the above, - other than the packager / shipper;\nare\nor might be\nwould they?\n* The unknowing would normally include the dispatchers, transporters,\ndownstream receivers, inspectors, handling and/or storage people,\nas\nwell as,\nemergency response\npeople; and the public, - at large.\nRecent events have\nhazards;\ncould\nand\nclearly shown that failing to mark and/or label some\nRecent events have also shown that\nmight\neasily result in\nreadily discernible\nsome grave\nsituations.\nshould be done to prevent\nsome\ntragic circumstances.\nmarking / labeling\nIt\nportions for, - or references to,\nappears that the provisions of 173.220 should be rewritten to include\nreadily discernable, readily accessible or those used during transportation;\nitems which aren't \" rolling stock \"\nparticularly those containing internal containers of\nFor related references, - see 173.3, 173.9, 173.13, 173.21 (g), 173.24 (b) (1),\nflammable\nfuel.\n173.24 (f) (1) & (g), 173.24a(a) (1), 173.29(a)&(b) (1) and 173.312 (a) (1)&(2).\n\n<<<PAGE 6>>>\n\n: PROB_173.001\n•\n(4)\nIt Shows That Some Shipments Could Go Incorrectly By Passenger Aircraft\nAs you're aware, - Engines, internal combust orbidcontaining\nhazard; - and are\nany passenger carrying aircraft, - per the provisions of sec. 173.21(g) .\nstrictly\n• shipment by\nsome people not readily understanding / applying the provisions correctly,\nHowever, - the combined effects of sec. 173.220; - as it's written, - and,\nand,\n--\nthose\n- if the Engines were shipped in boxes or freight containers, then; -\nwith\nno\nHAZMAT\nunmarked and unlabeled\nshipping\nboxes or freight containers, - along\n(although, - incorrectly)\non\ncould\nsome passenger\nvery\neasily\nbe\ncarrying aircraft.\nshipped\nIf the above occurred, - it could result similar to the Value-Jet crash.\nI feel most strongly that we should do our best to prevent such situations.\nFith These Issues And Factors In Kind, - This Is Submitted To You\nexisted for some time now.\nrecently discovered that problems related to sec. 173.220 have\nWe've seen that items\nThose problems\nappear to have led to other\nhave been\npackaged and shipped incorrectly.\nHowever,\nMany of us in the field are trying to ensure proper HAZMAT shipments.\nFurther; - those need\nthat we need some more changes in the regulations.\nto be done in clear text\nstatements.\nPerhaps a clarifying article, - printed in the Federal Register might help.\nI recommend that clear changes be made to sec. 173.220, - fairly soon.\n\" Thanks \" in advance\nIf you have any questions, —- please call me.\n• for your attention to these issues and factors.\nback to you soon; - then, please contact my alternate or my\nIf you're unable to contact me, - please leave a message. If I don't get\nMy alternate\nis Michael Mclighe.\nTeam Leader\nMy Team Leader\nis\nHugh\nSeborg\n• He can be reached at (410) 339-4876.\ncan be reached at (410) 339-4902.\nSITAN\nInformation: GTE\nGTEC / H. Seborg\n/ F. DiMeo\nRobert A. Robbins, DCMC QAR\nGTEC / I. Hirsch\n(410) 526-3674\nPhone\nGTTAB / M. MoTighe\n(410)\n833-1579\nFAX\nWP51 \\PROB_173.001\n(dah)","truncated":false,"body_characters":13479}