CCSB DOCKET 2013-2
SECTION I
SUBJECT 8
Re: Nonflammable Gases
Staff Contact: Erin N. Topper
Telephone — (703) 838-8856
[email protected]
Proponent: Commodity Classification Standards Board
Present Classification Provisions1
Item
85540
85680
85700
85860
85880
85881
85915
85916
85920
86052
86060
86100
86120
Description
Class
GASES OR CRYOGENIC LIQUIDS GROUP: subject to item 85500
Air, in steel cylinders ........................................................................................... 70
Carbon Dioxide, liquefied, in steel cylinders, or in steel cylinders in boxes
or crates...................................................................................................... 70
Carbon Dioxide-Nitrous Oxide Mixture, in steel cylinders ............................... 70
Ethylene Oxide-Dichlorodifluoromethane Mixture, in steel cylinders ............ 70
Gases, NOI, or Gas Mixtures, NOI, other than flammable or poison,
see Note, item 85881; in cargo tanks or steel cylinders; or in metal
containers when each package does not exceed 66 pounds
gross weight................................................................................................ 70
NOTE—Provisions do not apply when U.S. Department of Transportation
regulations require shipping containers to bear a 2.1 'FLAMMABLE GAS' or
2.3 'INHALATION HAZARD' label.
Helium, liquefied, in doublewall vacuum insulated containers, in boxes
or crates or tendered as specified in Note, item 85916.......................... 92.5
NOTE—Helium containers may also be shipped loose as follows:
(1) When container exceeds 30 liters in capacity but does not
exceed 100 liters capacity.
(2) When container exceeds 100 liters capacity, container must be
equipped with a base which will prevent rolling if container is laid on its
side. When base is equipped with wheels, container must rest on two
wheels and on immovable legs, skids or pad during transit.
(3) When not constructed as described in paragraph (2), above,
container body must be protected with a sleeve of solid fiberboard 1/4
inch or thicker or with material of equal or greater strength. Fiberboard
may be laminated to form closely fitted vertical segments held together
with a layer of fiberboard to facilitate forming around container body.
(4) Valves, gauges and venting devices must not project above
protective cage.
Helium, other than liquefied, in steel cylinders ................................................ 70
Neon, inert, nonflammable, compressed, in steel or aluminum cylinders..... 70
Nitrogen, liquid or other than liquid, in steel cylinders..................................... 70
Nitrous Oxide, in steel cylinders......................................................................... 70
Oxygen, liquid or other than liquid, in steel cylinders...................................... 70
The provisions shown herein apply on those nonflammable gases that are proposed for reclassification.
Other NMFC™ provisions applying on nonflammable gases that are not impacted by this proposal are
not shown.
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©2013 National Motor Freight Traffic Association, Inc.
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SUBJECT 8
Present Classification Provisions — Concluded
Item
86150
86151
Description
Class
GASES OR CRYOGENIC LIQUIDS GROUP: subject to item 85500
Refrigerant or Dispersant Gases, NOI, other than flammable or poisonous,
in metal cylinders or drums, or in metal cans in boxes, see Note,
item 86151 .................................................................................................. 70
NOTE—Also applies on one adapter valve in each box.
Proposed Classification Provisions
Item
Description
Class
GASES OR CRYOGENIC LIQUIDS GROUP: subject to item 85500
Air, etc................................................................................................ Cancel; see
item 85880
85680
Carbon Dioxide, liquefied, etc......................................................... Cancel; see
item 85880
85700
Carbon Dioxide-Nitrous Oxide Mixture, etc ................................... Cancel; see
item 85880
85860
Ethylene Oxide-Dichlorodifluoromethane Mixture, etc ................. Cancel; see
item 85880
85880
Gases, NOI, or Gas Mixtures, NOI, other than flammable or toxic,
see Note, item 85881; in cargo tanks or steel cylinders, see
Note, item A-NEW; or in containers in boxes, see Note,
item B-NEW ............................................................................................ 110
85881
NOTE—
1. Applies on materials regulated by the U.S. Department of Transportation
as a Hazard Class 2, Division 2.2, Nonflammable Gas, as defined in 49
CFR §173.115 and required to bear a notice to that effect on bills of
lading and packaging.
2. Does not apply when U.S. Department of Transportation regulations
require shipping containers to bear a 2.1 ‘FLAMMABLE GAS’ or 2.3
‘INHALATION HAZARD’ label.
A-NEW NOTE—Neon, inert may be shipped in aluminum cylinders.
85540
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©2013 National Motor Freight Traffic Association, Inc.
CCSB DOCKET 2013-2
SECTION I
SUBJECT 8
Proposed Classification Provisions — Concluded
Item
Description
Class
GASES OR CRYOGENIC LIQUIDS GROUP: subject to item 85500
B-NEW NOTE—Liquefied helium may be shipped in doublewall vacuum insulated
containers without additional packaging, subject to the following:
1. When container exceeds 30 liters in capacity but does not exceed 100
liters capacity.
2. When container exceeds 100 liters capacity, container must be
equipped with a base which will prevent rolling if container is laid on
its side. When base is equipped with wheels, container must rest on
two wheels and on immovable legs, skids or pad during transit.
3. When not constructed as described in paragraph (2), above, container
body must be protected with a sleeve of solid fiberboard 1/4 inch or
thicker or with material of equal or greater strength. Fiberboard may
be laminated to form closely fitted vertical segments held together
with a layer of fiberboard to facilitate forming around container
body.
4. Valves, gauges and venting devices must not project above protective
cage.
85915
Helium, liquefied, etc ........................................................................ Cancel; see
item 85880
85916
NOTE—Cancel; see item B-NEW.
85920
Helium, other than liquefied, etc ..................................................... Cancel; see
item 85880
86052
Neon, inert, nonflammable, compressed, etc ............................... Cancel; see
item 85880
86060
Nitrogen, liquid or other than liquid, etc ......................................... Cancel; see
item 85880
86100
Nitrous Oxide, etc ............................................................................. Cancel; see
item 85880
86120
Oxygen, liquid or other than liquid, etc .......................................... Cancel; see
item 85880
86150
Refrigerant or Dispersant Gases, NOI, other than flammable or
poisonous, etc ........................................................................... Cancel; see
item 85880
86151
NOTE—Cancel; no further application.
Analysis
Research Project 1157
This proposal is based on information developed through Research Project 1157 on
materials regulated by the U.S. Department of Transportation (DOT) as nonflammable gas,
Hazard Class 2, Division 2.2. The project was initiated in February of 2012.
©2013 National Motor Freight Traffic Association, Inc.
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SUBJECT 8
During the course of the project, 260 potential shippers or manufacturers of
nonflammable gases and 17 associations believed to represent those companies were sent
questionnaires in March and May of 2012. From those questionnaires, eight shippers or
manufacturers provided useable information; five companies responded but did not provide
useable information; and 22 companies responded that they either do not ship via less-thantruckload (LTL) motor carrier or do not ship or manufacture nonflammable gas. Of the 17
associations contacted, only one forwarded the questionnaire to its membership, but did not
provide any data. No response was received from the other associations.
Definitions, Regulations and Provisions
The Hazard Class 2 materials are defined in 49 CFR
§173.115. The Hazardous Materials Table2 (HMT) contains 77
listings for materials regulated as Hazard Division 2.2, which
were matched with individual NMFC™ items.
49 CFR §172.504 provides the placarding requirements
for hazardous materials. The placarding requirements trigger
regulations, such as hazardous material registration fees and
hazardous material endorsements on commercial drivers
licenses (CDLs). Nonflammable gases require placarding only
when the quantity of those materials exceeds 454 kg (1,001
pounds).
Shipments of Nonflammable Gases
Anhydrous Ammonia
2
Carbon Dioxide
49 CFR §172.101
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©2013 National Motor Freight Traffic Association, Inc.
CCSB DOCKET 2013-2
SECTION I
SUBJECT 8
Helium
Nitrogen Helium
Transportation Characteristics
Density—The information of record includes 162 shipment observations of nonflammable gas,
which were submitted by shippers and carriers, and obtained during CCSB dock surveys. The
densities range from 3.24 to 95.51 pcf, with an average density of 24.91 pcf. The overall
frequency distribution is below.
% of Figures in Interval
Frequency Distribution
40%
33%
30%
17%
20%
7%
10%
0%
0%
1%
3%
5%
7%
18%
9%
0%
Density Intervals (pcf)
Handling—Nonflammable gas is generally tendered in cylinders or tanks, but some cylinders
may be packaged in boxes. When tendered on a lift truck skid, pallet or shipping rack,
shipments should be readily handled with mechanical equipment. Cylinders not unitized for
shipment will require manual handling. Due to the hazardous nature of the gas, extra care
and attention is necessary.
©2013 National Motor Freight Traffic Association, Inc.
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SECTION I
SUBJECT 8
Training carrier employees in handling hazardous materials and then supervising them
to ensure compliance with DOT regulations takes additional time, more paperwork and extra
personnel than that required when transporting nonhazardous freight. Personnel who must be
trained in the intricacies of handling hazardous materials include: dispatchers, drivers (pickup,
line-haul and delivery), driver supervisors, billing clerks, billing supervisors, terminal managers,
freight handlers, dock foremen, maintenance personnel, safety and claims personnel, and
even sales personnel.
The carrier’s driver must check the accuracy of the information provided on the bill of
lading and confirm that the shipper’s compliance certification statement is included. Further,
the driver must accurately count the number of pieces tendered, verify the inclusion of an
emergency contact telephone number and verify the application of the proper hazard
labels3.
It is also imperative that the driver be aware of the type of freight already in the vehicle
to ensure that coloading prohibitions and segregation requirements are complied with. The
driver must also be aware of the threshold quantities of hazardous materials that will trigger the
need to display the appropriate warning placards on the vehicle. If placards are required, the
driver must ensure that they are properly displayed on the vehicle (visible from the front, rear
and both sides)4. The driver must also place the shipping documents for all hazardous
materials on top of all documents for nonhazardous freight, or distinctively tab each
hazardous materials shipping paper, and the hazardous materials documents must be kept
within the driver’s reach at all times5. Considering the thousands of hazardous materials
handled daily by for-hire carriers and the inescapable fact that leaks, spills, fires and accidents
occur, many carriers equip each vehicle transporting hazardous materials with a copy of the
Emergency Response Guidebook, and the driver is trained in its use6. In addition to the
information in the Emergency Response Guidebook, virtually every carrier has its own rules that
detail the actions to be taken by drivers in the event of problems involving hazardous
materials.
Carrier billing personnel must be trained to recognize hazardous materials shipments
and to accurately transfer all information on these materials from the bill of lading to the
freight bill (a copy of which is used to move the freight through the carrier’s system to its
destination). Additionally, many carriers require that freight bills pertaining to hazardous
materials be “flagged” as a means to ensure that freight handlers and drivers are aware of
the dangers presented by the material. Terminal managers, dock foremen and freight
handlers must all be trained to be familiar with the care and attention required in the handling
of hazardous materials, including the coloading prohibitions and segregation of freight
bearing different DOT-required hazard designation labels.
49 CFR §§172.200, 172.201, 172.202, 172.203, 172.204, 172.604, 177.817
49 CFR §172.516
5 49 CFR §177.817(e)
6 The DOT hazardous materials regulations (§172.602(a) and §172.604 (a)) require that specific
emergency response information be displayed on shipping papers or another document
accompanying the shipment. In order to comply with these regulations many shippers require carriers
handling their freight to equip vehicles with a copy of the Emergency Response Guidebook.
3
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©2013 National Motor Freight Traffic Association, Inc.
CCSB DOCKET 2013-2
SECTION I
SUBJECT 8
Further, complying with the involved handling regulations requires at least one
dedicated space on carrier docks for hazardous materials. Most general freight does not
require a separate space on the carriers’ docks.
Stowability—Cylinders or tanks generally do not
provide flat load-bearing surfaces, which makes it
difficult for the carrier to structure a load.
Additionally, cylinders not tendered on lift truck
skids, pallets or shipping racks will require blocking
and bracing or other securement, such as the
shipment shown in the photo.
Under DOT regulations, coloading
prohibitions and segregation requirements apply on nonflammable gas, as per the table
below7. These restrictions can limit where in the vehicle and with what freight the carrier can
stow the shipments. This can result in less than full utilization of vehicle capacity and/or
necessitate the dispatch of more than one vehicle.
Hazard Class or Division
1.1 [or] 1.2
1.3
Non-toxic, non-flammable gases (2.2)
X
X=Coloading Prohibition
1.4
1.5
X
Liability—Nonflammable gas can be liable to damage and may damage other freight since
the containers house gas that is kept under pressure. According to the DOT’s Office of
Hazardous Materials Safety’s Incident Reports Database, from January 1, 2011 through
December 2012, there were 699 incidents involving nonflammable gas transported by
highway. The cost of damages for 38 of those incidents totaled $599,070. A review of the
incident reports shows package failures were generally caused by inadequate preparation for
transportation or stowing, improper packaging, or mishandling of the material. The value per
pound of nonflammable gas ranges from $0.23 to $19.61, with an average of $5.77 per pound.
Relationship to CCSB Policies and Guidelines
CCSB policies with respect to stowability, handling and liability state that when these
transportation characteristics are unusual or significant, the CCSB may deviate from the
density guidelines. As indicated, handling and stowing nonflammable gas requires extra care
and attention due to the hazards involved and the applicable regulations. When unitized for
shipment, freight may be handled with mechanical equipment. However, containers not
unitized for shipment may require manual handling. Shipments of nonflammable gas often do
not provide a flat load-bearing surface and may be subject to segregation requirements.
Additionally, the liability assumed by the carrier when transporting nonflammable gas is
greater than that typically assumed when transporting most general freight.
7
49 CFR §177.848
©2013 National Motor Freight Traffic Association, Inc.
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SUBJECT 8
Per the precedence of hazards from the DOT regulations, and found in Sec. 3 of
NMFC™ Item (Rule) 540, nonflammable gas, Division 2.2, is the fourth most hazardous
class/division. The table below provides each of the hazard classes/divisions and packing
groups in order of descending degree of hazard.
Table of Precedence in Order of Descending Hazard
1. Class 7 (radioactive materials, other than limited quantities).
2. Division 2.3 (poisonous gases).
3. Division 2.1 (flammable gases).
4. Division 2.2 (nonflammable gases).
5. Division 6.1 (poisonous liquids), Packing Group I, poisonous-by-inhalation only.
When establishing provisions for other hazardous materials, precedent has been to
assign classes higher than those called for under the density guidelines, reflective of the
respective hazards involved. In this instance, using the DOT’s precedence of hazard, the
degree of hazard of the involved Hazard Class 2, Division 2.2 materials was compared to that
of Flammable Gases, Hazard Class 2, Division 2.1, as named in item 85890 (class 125), and
Poisonous or Toxic Materials, Hazard Class 6, Division 6.1, Packing Group I, as named in item
45615 (class 92.5 or class 100), to determine the relative degree of hazard of the materials.
Based on that comparison, it would be in keeping with CCSB policies and precedent to
amend item 85880 for materials offered for transportation as Hazard Class 2, Division 2.2,
Nonflammable Gas, at a class 110. Concurrently amending the item description to restrict the
application to other than toxic would also be in keeping with CCSB policies.
The NMFC™ currently contains individual items that have been identified as applying
on Division 2.2 gases. CCSB policies state that items embracing related commodities should
be combined. It would be in keeping with CCSB policies to cancel the provisions of NMFC™
items 85540, 85680, 85700, 85860, 85915, 85920, 86052, 86060, 86100, 86120 and 86150 with
reference to item 85880.
It would also be in keeping with CCSB clarification policies and precedent to amend
Note, item 85881 to state that item 85880 applies on nonflammable gas, as defined in 49 CFR
§173.115, and does not apply on gases required to bear a 2.1 ‘FLAMMABLE GAS’ or 2.3
‘INHALATION HAZARD’ label. Note, item 85916 would be canceled with reference to a new
Note, which would maintain the exceptions to the minimum packaging requirements for
liquefied helium. Another new Note would be added to continue to allow inert neon to be
shipped in aluminum cylinders.
Note, item 86151 would be canceled as having no further application.
Based on the information of record, this proposal, as docketed, is in keeping with CCSB
policies and precedent.
Subject 8, Page 8 of 8
©2013 National Motor Freight Traffic Association, Inc.