Amalgamet Canada — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration AUG 5 1999 Mr. Raymond Wray Ref. No. 99-0109 Amalgamet Canada Suite 418 111 Richmond St. W. Toronto, Canada M5H 2G4 Dear Mr. Wray: This is in response to your letter dated April 20, 1999, regarding the transportation of materials poisonous by inhalation in accordance with 49 CFR 173.227 (c). I am sorry for the delay and hope this has not caused you any inconvenience. In your letter you ask if the following situation meets the conditions of the last sentence of § 173.227 (c): I am contemplating a situation where I want to make deliveries of a inhalation hazard (zone B) product to two different locations of the same company. The truck would stop at one plant, unload the containers for that plant, and then proceed to the second plant (four hours away) where the remaining containers would be unloaded. The last sentence of $ 173.227 (C) states that "shipments must be made from one origin to one destination only without any intermediate pickup or delivery." It is the opinion of this office that the scenario presented in your letter does not meet the conditions of $ 173.227 (c) because your shipment scenario involves more than one delivery point. I hope this satisfies your request. Sincerely, Thor Hall. Thomas G. Allan Acting Director Office of Hazardous Materials Standards 173.227 990109#

Page 2AMALGAMET CANADA DIVISION OF PREMETALCO INC. TORONTO, ONTARIO, CANADA MSH 2G4 111 RICHMOND ST. W.. SUITE 418 Gale TELEX: 06-217726 TELEPHONE: (416) 366-3954 § 173.227 FAX: (416) 366-0586 20 April 1999 99-0109 U.S. Dept. of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards : 400 Seventh Street, S.W. Washington, D.C. 20590 Attn: Mr. Ed Mazzullo I have an interpretation question regarding the last sentence of 49 CFR 173.227(c). This section allows the transportation of containers that do not have secondary overpacks if the shipment is from one origin to one destination only without any intermediate pick-up or delivery. I am contemplating a situation where I want to make deliveries of a inhalation hazard (zone B) product to two different locations of the same company. The truck would stop at one plant, unload the containers for that plant, and then proceed to the second plant (four hours away) where the remaining containers would be unloaded. At both locations, personnel have good knowledge regarding the hazards and proper handling of these containers. My question to you is as follows. Is what I have in mind allowed under this section, or do I have to apply for an exemption ? It seems to me that what I have in mind would satisfy the spirit if not the letter of this regulation. It also seems to me that there is nothing to be gained by unloading all of the containers at the first plant, and then loading them onto another truck (perhaps the same truck) so that they can then be delivered to the second plant. I respectfully ask for your opinion on this scenario. Yours truly, Raymond Wray Manager - Specialty Materials ANG A MEMBER OF THE AMALCAMATED METAL CORPORATION GROUP#