KWS Training, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department 400 Seventh St., S.W. of Transportatior Washington, D.C. 20590 esearch and A dimini prain MAR 2 2001 Mr. Ken Sumner Reference No. 00-0218 President, KWS Training, Inc. P.O. Box 562 Carrboro, NC 27510 Dear Mr. Sumner: This is in response to your letter concerning the emergency response requirements in 49 CFR Part 172, Subpart G, for a "Consumer commodity, ORM-D." You asked why a consumer commodity is excepted from having to meet the emergency response requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), but must meet these same requirements under State Variation US 12 of the International Civil Aviation Organization's Technical Instructions for the Transport of Dangerous Goods by Air (the ICAO Technical Instructions). Materials that are correctly described as consumer commodity and classed as ORM-D, as provided by the HMR, or Class 9, as provided by the ICAO Technical Instructions, are not required to meet the emergency response information requirements. Voluntary compliance with this change was permitted after August 18, 2000 (65 FR 50450, RSPA Docket No. 99-6213, HM-218, copy enclosed). This authorization in the HMR serves as a Competent Authority approval for the ICAO Technical Instructions. Also, State Variation US 12 was revised to include this change, which will appear in the 2001-2002 edition of the ICAO Technical Instructions. I hope this satisfies your request. Sincerely, Hothe z mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 172.600#

Page 2Edmonson 8172.600a) -KWS Training, Inc. Emergency Kesponse Information Specializing in hazardous materials transportation. 00-0218 PO Box 562 Carrboro NC 27510 (919) 929-7234 8/3/00 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo, In January of this year 1 emailed the question below to the Hazardous Materials nformation Center. They acknowledged the issue and thought additional review woul e appropriate. On the recommendation of the HMIC I then faxed the question to the attention of Frits Wybenga and Bob Richards. Mr. Wybenga contacted me and suggested I forward the question to you for a more formal response. It appears the United States has two different positions on providing emergency response information for shipments of consumer commodities. For shipments made under the provisions of 49 CFR emergency response information is not required. For shipments made under the ICAO Technical Instructions it appears emergency response information The provisions of 172.600(d) except materials properly classified as an ORM-D consumer commodities and cartridges, small arms) from the emergency respons information requirements of Subpart G of Part 172. This means that shippers of consumes commodities, by any mode of transport within the United States, do not have to provide an emergency phone number or emergency response information. If shipments of consumer commodities are made under the provisions of 171.11 ICAO Technical Instructions) this o, From, to beineract. ingoding to le o Stat emergency response information as described below must be provided for all dangerous Jariation USG-12 "On shipments to, from, ' goods other than magnetized material and dangerous goods for which no Transport Document is required." Since consumer commodities require a transport document for carriage aboard aircraft, emergency response information requirements appear to apply.#

Page 3Additionally, consumer commodities are considered Class 9, not ORM-D, under the ICAO Technical Instructions. This means they do not qualify under 172.600(d) as "properly classified as an ORM-D". Given the exception in 49 CFR for consumer commodities it seems a contradiction to require emergency response information under the ICAO Technical Instructions. Would it be more appropriate to reword 172.600(d) and USG-12 for consistency? Your clarification of this issue would be most appreciated. Regards, Then dum Ken Sumner President#