Regulatory Helpdesk: October 23, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Shipping Lithium Batteries (USA-Ground)

Q. The customer asked if they had to fill out shipping papers for a battery contained in equipment that is less than 1 gram and less than 20 WH if shipping by ground within the U.S.

A. Shipping paper requirements are contained in 49 CFR Part 172 Subpart C.  The 49 CFR, 173.185 (C) states that a package containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment, that meets the conditions of this paragraph is excepted from the requirements in subpart(s) C through H of part 172 of this subchapter, which in this case means that they are exempt from shipping paper requirements.

#3. Shipping Dry Ice by Ground in the USA

Q. A customer contacted me regarding the labeling and paperwork regulations of shipping dry ice by ground within the US. They normally ship through air internationally and wanted to know the difference.

A. I directed the customer to column 1 in the hazmat table in the 49 CFR for UN1845, which has an “A” and “W” symbol. I let the customer know these symbols mean unless it is a hazardous waste, the regulations listed are only through air and vessel. Therefore, there is no hazmat requirement for labeling/paperwork if shipping ground within the US as a stand-alone item.

#2. Shipping UN1173 and UN1237 by Air

Q. What hazard class label is required for UN1173, Ethyl acetate per air regulations? What hazard class label is required for UN1237, Methyl butyrate by air?

A. Class 3 Flammable Liquid for both.

#1. Via Pipeline (Canada)

Q. If we are transporting “HOT Chemical” via pipeline (the pipeline is to run at 140°C), does it still need to be classified as Class 9, UN3257, ELEVATED TEMPERATURE LIQUID, N.O.S., PGIII?

A. As far as we are aware, the TDGA/TDGR do not typically apply. Although “means of transport” as defined in TDGR 1.4 includes “pipelines”; the TDGA 3(4)(b) indicates that the “…Act does not apply to commodities transported by a pipeline governed by the National Energy Board Act, Canadian Oil & Gas Operations Act, or the laws of a province.” I can’t think of any pipeline that would fall outside of one of those. Loading at the terminal side would have, presumably, the same implications as drawing from a bulk storage or process facility for safe transfer under the standards that apply to the receiving unit (e.g., CSA B620, TP14877, etc.).