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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0327 ([Great Lakes Chemical Corporation] [Mr. Robert Monteith])

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

Interpretation Response Details

Response Publish Date:

Company Name: Great Lakes Chemical Corporation

Individual Name: Mr. Robert Monteith

Location State: AR Country: US

View the Interpretation Document

Response text:

MAY 17, 2001

 

Mr. Robert Monteith                             Ref.  No. 00-0327
Great Lakes Chemical Corporation
P.O. Box 7020
El Dorado, AR 70730

Dear Mr. Monteith:

This responds to your October 19, 2000 letter requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) as they apply to shipments of phosphorus trichloride, 6.1, 8, UN 1809, PG I, toxic inhalation hazard, Zone B. Specifically, you ask about the circumstances under which a shipment of phosphorus trichloride may be packaged in accordance with § 173.227(c). Please accept my apology for our delay in responding to your letter.

Your letter describes a shipment scenario in which drums containing phosphorus trichloride are loaded by the shipper into a transport vehicle and transported by the shipper directly to the carrier's terminal.  At the carrier's transport terminal, the drums are unloaded by the carrier from the transport vehicle and reloaded by the carrier into a freight container for transport to a port where the freight container will be loaded onto a vessel bound for Puerto Rico.  The carrier performs the shipper functions outlined in § 173.227(c) by loading the drums into the freight container, blocking and bracing the drums, sealing the freight container, and preparing a shipping paper for transporting the drums from the terminal to Puerto Rico.  You ask whether unloading and reloading the drams at the carrier's terminal constitutes an intermediate stop, thus forbidding the use of the packaging permitted under § 173.227(c).

The answer is yes.  Section 173.227 sets forth packaging requirements for Division 6.1 materials in Packing Group I that are poisonous by inhalation (PIH), Hazard Zone B. Paragraph (c) of this section permits such materials to be shipped in a single 1AI, 1B1, 1H1, 1N1, or 6HA1 drum without being further packed in a 1A2 or 1H2 drum if the shipper loads the material, blocks and braces the drum in the transport vehicle, and seals the transport vehicle.  The shipment must move from one origin to one destination only with no intermediate stops for pick-up or delivery.  The intent of this paragraph is to permit less stringent packaging for PIH, Hazard Zone B materials under controlled conditions where handling, including loading and unloading, is conducted by persons familiar with the hazards associated with PIH materials and, further, where such handling is minimized.

The shipment scenario described in your letter is inconsistent with § 173.227(c). The shipment's origin is your facility, and the shipment's destination is Puerto Rico.  The carrier’s terminal is not the shipment destination.  Delivery of the material to a carrier terminal for reloading into a freight
container or transport vehicle is an intermediate stop as that term is used in § 173.227(c).

Under the provisions of § 173.227(c), the transport vehicle may not be unsealed prior to delivery at the shipment's destination.  Thus, you may not utilize the packaging exception in § 173.227(c) to ship phosphorus trichloride under the shipping conditions you describe.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Edward T. Mazzullo, Director
Office of Hazardous Materials Standards

173.227

Regulation Sections