Interpretation Response #04-0167 ([Lyondell Chemical Company] [Mr. Richard C. Barlow])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Lyondell Chemical Company
Individual Name: Mr. Richard C. Barlow
Location State: TX Country: US
View the Interpretation Document
Response text:
Sep 22, 2004
Mr. Richard C. Barlow Reference No. 04-0167
Manager, Global Logistics Compliance
Lyondell Chemical Company
1 Houston Center
1221 McKinney
Suite 1600
P0 Box 2583
Houston, TX 77252-2583
Dear Mr. Barlow:
This is in response to your August 3, 2004 letter requesting clarification of permissive placards and the basic shipping description on shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company is allowed to affix placards indicating a subsidiary risk of a hazardous material when additional placarding is not required by the HMR. You also ask whether your company is allowed to modify the basic shipping description on shipping papers to include the subsidiary hazard risk(s) of the hazardous material.
You state your company transports tert-Butyl Hydoperoxide in United Nations (UN) portable tanks at a 72% concentration (mass). Your company has determined this material to have a flash point of 109 degrees F and flammable limits of 5.7% to 99.9%. You state your company displays a Division 5.2 (organic peroxide) placard as required by the HMR. You state your company also displays Class 8 (corrosive) and Class 3 (flammable and combustible liquid) placards on transport vehicles carrying this material to indicate subsidiary hazardous risks of this material. You ask whether the addition of the Class 8 and Class 3 placards and modification of the basic shipping description on shipping papers to indicate subsidiary risks of this material are allowed by the HMR.
As provided in § 172.502, you may affix or display placards on a packaging, freight container, unit load device, motor vehicle or rail car provided the placard represents a hazard of the material being offered or transported. As provided in § 172.504, placards may be displayed for a hazardous material, even when not required, if the placarding otherwise conforms to the requirements of Subpart F - Placarding. As provided in
§ 172.505, hazardous materials that possess secondary hazards may exhibit subsidiary placards that correspond to the placards described in Part 172 of the HMR even when not required.
Effective October 1, 2005, § 172.202 requires that, except for combustible liquids, the subsidiary hazard class(es) or subsidiary division number(s) of the hazardous material must be entered in parentheses immediately following the primary hazard class or division number. For example, under your scenario described above, the shipping description on your shipping papers for this material could be indicated as:
“Organic Peroxide type F, liquid (tert-Butyl Hydroperoxide), 5.2 (8, 3), UN3 109, PGII.”
In addition, the words “Class” or “Division” may be included preceding the primary and subsidiary hazard class or division numbers.
I hope this information is helpful.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
1712.502(c)