Interpretation Response #09-0258 ([Momentive Performance Materials] [Mr. Mike Shamulka])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Momentive Performance Materials
Individual Name: Mr. Mike Shamulka
Location State: NY Country: US
View the Interpretation Document
Response text:
December 2, 2009
Mr. Mike Shamulka
Momentive Performance Materials
260 Hudson River Road
Waterford, NY 12188
Ref. No. 09-0258
Dear Mr. Shamulka:
This is in response to your electronic transmission to Mr. Shane Kelley requesting clarification regarding the transportation of chlorosilanes. Specifically, you ask whether a corrections document will be published in the Federal Register before the end of this year that will correct an error of omission in the final rule, HM-215J, PHMSA 2007-0065, "Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the UN Recommendations, International Maritime Dangerous Goods Code and International Civil Aviation Organization's Technical Instructions Recommendations," published in the Federal Register on January 14, 2009.
The answer is yes. A corrections document will be published in the Federal Register before January 1, 2010. In the January 14, 2009 final rule, we added a new packaging section, § 173.206, to the HMR to harmonize with new packaging requirements for water-reactive chlorosilanes as adopted in the fifteenth revised edition of the UN Recommendations. We inadvertently omitted the authorization to use cylinders for these materials. Prior to the publication of the final rule, cylinders were authorized for use in transporting these materials under §§ 173.201 and 173.202.
We are correcting § 173.206(c) by reinstating the authorization to use certain cylinders for transport of these materials. For PG I liquids, we are reinstating specification or UN standard cylinders, as prescribed for any compressed gas, except Specification 3HT and those prescribed for acetylene. For PG II liquids, we are reinstating specification cylinders, as prescribed for any compressed gas, except Specification 8 and 3HT cylinders. We are also noting in the preamble of the corrections document that aluminum cylinders should not be used for the transport of these materials due to safety concerns related to the incompatibility of aluminum and water-reactive chlorosilanes. We may adopt revisions to the packaging provisions prohibiting the use of aluminum cylinders for these materials in a future rulemaking.
I hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
§ 173.206