{"operation":"document","citation":"00-0218","title":"KWS Training, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-03-02","effective_on":null,"summary":"00-0218 response to KWS Training, Inc. concerning 172.600.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0218.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0218.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0218","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000218.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\n400 Seventh St., S.W.\nof Transportatior\nWashington, D.C. 20590\nesearch and\nA dimini prain\nMAR 2 2001\nMr. Ken Sumner\nReference No. 00-0218\nPresident, KWS Training, Inc.\nP.O. Box 562\nCarrboro, NC 27510\nDear Mr. Sumner:\nThis is in response to your letter concerning the emergency response requirements in 49\nCFR Part 172, Subpart G, for a \"Consumer commodity, ORM-D.\" You asked why a\nconsumer commodity is excepted from having to meet the emergency response\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180),\nbut must meet these same requirements under State Variation US 12 of the International\nCivil Aviation Organization's Technical Instructions for the Transport of Dangerous\nGoods by Air (the ICAO Technical Instructions).\nMaterials that are correctly described as consumer commodity and classed as ORM-D, as\nprovided by the HMR, or Class 9, as provided by the ICAO Technical Instructions, are\nnot required to meet the emergency response information requirements. Voluntary\ncompliance with this change was permitted after August 18, 2000 (65 FR 50450, RSPA\nDocket No. 99-6213, HM-218, copy enclosed). This authorization in the HMR serves as\na Competent Authority approval for the ICAO Technical Instructions. Also, State\nVariation US 12 was revised to include this change, which will appear in the 2001-2002\nedition of the ICAO Technical Instructions.\nI hope this satisfies your request.\nSincerely,\nHothe z mithell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nEnclosure\n172.600\n\n<<<PAGE 2>>>\n\nEdmonson\n8172.600a)\n-KWS Training, Inc.\nEmergency Kesponse\nInformation\nSpecializing in hazardous materials transportation.\n00-0218\nPO Box 562\nCarrboro NC 27510\n(919) 929-7234\n8/3/00\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\nIn January of this year 1 emailed the question below to the Hazardous Materials\nnformation Center. They acknowledged the issue and thought additional review woul\ne appropriate. On the recommendation of the HMIC I then faxed the question to the\nattention of Frits Wybenga and Bob Richards. Mr. Wybenga contacted me and suggested\nI forward the question to you for a more formal response.\nIt appears the United States has two different positions on providing emergency\nresponse information for shipments of consumer commodities. For shipments made under\nthe provisions of 49 CFR emergency response information is not required. For shipments\nmade under the ICAO Technical Instructions it appears emergency response information\nThe provisions of 172.600(d) except materials properly classified as an ORM-D\nconsumer commodities and cartridges, small arms) from the emergency respons\ninformation requirements of Subpart G of Part 172. This means that shippers of consumes\ncommodities, by any mode of transport within the United States, do not have to provide\nan emergency phone number or emergency response information.\nIf shipments of consumer commodities are made under the provisions of 171.11\nICAO Technical Instructions) this o, From, to beineract. ingoding to le o Stat\nemergency response information as described below must be provided for all dangerous\nJariation USG-12 \"On shipments to, from, '\ngoods other than magnetized material and dangerous goods for which no Transport\nDocument is required.\" Since consumer commodities require a transport document for\ncarriage aboard aircraft, emergency response information requirements appear to apply.\n\n<<<PAGE 3>>>\n\nAdditionally, consumer commodities are considered Class 9, not ORM-D, under the\nICAO Technical Instructions. This means they do not qualify under 172.600(d) as\n\"properly classified as an ORM-D\".\nGiven the exception in 49 CFR for consumer commodities it seems a\ncontradiction to require emergency response information under the ICAO Technical\nInstructions. Would it be more appropriate to reword 172.600(d) and USG-12 for\nconsistency? Your clarification of this issue would be most appreciated.\nRegards,\nThen dum\nKen Sumner\nPresident","truncated":false,"body_characters":4152}