Interpretation Response #08-0099 ([DPC Industries, Inc.] [Ms. Charlcye Sells])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 06/12/2008

Company Name: DPC Industries, Inc.

Individual Name: Ms. Charlcye Sells

Location State: TX Country: US

View the Interpretation Document

Response text:

June 12, 2008

Ms. Charlcye Sells

DPC Industries, Inc.

P.O. Box 24600

Houston, TX  77229-4600

Reference No. 08-0099

Dear Ms. Sells:

This is in response to your April 17, 2008 letter and telephone conversation with a member of my staff concerning how to properly indicate on a shipping paper when a Special Permit applies to a hazardous materials entry under § 172.203(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state most of the bulk tanks (multi-unit tank car tanks and cargo tanks) your company uses conform to DOT specifications but some are special permit tanks.  When the shipping paper is computer generated, the type of tank that will be used is not known.  The tank selection is based on availability at the shipping location when the order is filled. 

You ask if your shipping paper may display the required information and include the wording "DOT-SP 5951 May Apply" for your multi-unit tank car tank (ton tank) shipments or offer a check-off option for your cargo tanks operating under a special permit, as follows:   

UN1017, Chlorine, 2.3, (8), RQ

Poison " Inhalation, Zone B

Corrosive, Marine Pollutant

DOT-SP 5951 May Apply

UN1791, Hypochlorite solutions,

8, PG III, RQ (Sodium Hypochlorite)

Special Permit applies if checked:

___  DOT-SP 10878

___  DOT-SP 12516

The correct special permit number must be entered on a shipping paper in association with the basic description of the material to which it applies.  See § 172.203(a).  Therefore, based on the information you provided, when shipping Chlorine, the above shipping paper entry is acceptable provided you remove or obliterate the words "May Apply" when using a DOT-SP 5951 ton tank, and remove or obliterate the entire phrase "DOT-SP 5951 May Apply" when using any other type of ton tank.  When shipping Hypochlorite solutions, the above shipping paper entry is acceptable provided the blank line beside "DOT-SP 10878" or "DOT-SP 12516" is checked only for the shipping description to which each special permit specifically applies. 

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.203(a)

Regulation Sections