Interpretation Response #08-0248 ([American Trucking Associations] [Mr. Richard Moskowitz])

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

Interpretation Response Details

Response Publish Date: 01/16/2009

Company Name: American Trucking Associations

Individual Name: Mr. Richard Moskowitz

Location State: VA Country: US

View the Interpretation Document

Response text:

January 16, 2009

Mr. Richard Moskowitz

Vice President and

Regulatory Affairs Counsel

American Trucking Associations

950 North Glebe Road Suite 200

Arlington, VA 22203

Ref. No. 08-0248

Dear Mr. Moskowitz:

This responds to your e-mail requesting clarification of the shipping paper requirements for Toxic-Inhalation Hazard (TIH) materials under the Hazardous Materials Regulations (HMR;

49 CFR Parts 171-180). Specifically, you ask whether the hazard zone must be indicated on a shipping paper for a Division 2.3 TIH gaseous material (e.g., "Oil gas, UN1071") when no such hazard zone is identified in a special provision code in Column 7 of the § 172.101 Hazardous Materials Table (HMT) for the material.

The answer is yes. As specified in § 172.203(m), the words "Poison-Inhalation Hazard" or

"Toxic-Inhalation Hazard" and the words "Zone A", "Zone B", "Zone C", or "Zone D" for gases or "Zone A" or "Zone B" for liquids, as appropriate, must be entered on the shipping paper immediately following the shipping description. Emphasis added.

For a gas to be described as "Oil gas, UN1071" it must first meet the definition of a Division 2.3 material. All Division 2.3 gases are TIH materials and, thus, are assigned a hazard zone based on the LC50 value of that gas or gas mixture. See § 173.116. The words "as appropriate" in § 172.203(m) are there solely to distinguish between the different hazard zones that may be assigned to either a gas or to a liquid.

The HMR assign § 172.102 Special Provision 6 in Column 7 of the HMT to TIH materials for which the hazard zone of the material must be determined by the offeror and indicated on the



shipping paper as specified in § 172.203(m). Oil gas, UN1071 is one such material; Carbon monoxide and hydrogen mixture, compressed, UN2600 is another. The hazard zone for both of these gases must be indicated when described on a shipping paper.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.203, 172.101

Regulation Sections