{"operation":"document","citation":"09-0007","title":"Mr. Joseph A. Taranovich — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-10","effective_on":null,"summary":"09-0007 response to Mr. Joseph A. Taranovich concerning 172.604, 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090007.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAR 1 0 nnq\nMr. Joseph A. Taranovich\nAmerican Honda Motor Company\n25000 Honda Parkway\nMarysville, Ohio 43040\nRef. No. 09-0007\nDear Mr. Taranovich:\nThis responds to your December 18,2008 letter requesting clarification of requirements in\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) applicable to EX\nnumbers and emergency response telephone numbers. Your questions are paraphrased and\nanswered below.\nAccording to your letter, your company assists in retrieval of \"live\" inflators, modules, or\npretensioners (UN 3268, Class 9) for analysis by your company, Honda factories, or\nsuppliers. The inflators, modules, and pretensioners are manufactured by various suppliers\nfor Honda. The supplier applies for an approval from the Associate Administrator for\nHazardous Materials Safety and forwards the assigned EX number to your company for\nyour records and shipping documents.\nQ 1. Is a shipper required to retain a copy of the approval letter for products it places in\ntransportation?\nA l . No. Only the person applying for the approval is required to retain a copy of the\napproval letter. However, you may wish to obtain a copy of the approval from the supplier.\nYou may also obtain a copy of the approval from PHMSA's Office of Hazardous Materials\nSpecial Pennits and Approvals at 202-366-4535. In addition, we are in the process of\nmaking the competent authority/approvals available at our web site: hazmat.dot.gov.\n42. Must an EX number be marked on the outside of the package?\nA2. No. Marking requirements in 51 72.320 do not apply to your UN3268, Class 9\nproduct. EX numbers are required to be marked on packages containing explosive\nmaterials in accordance with § 172.320. For approved inflators, modules, or pretensioners,\nthe shipping paper must include the EX number or product code in association with the\nbasic shipping description. Product codes must be traceable to the specific EX number\n\n<<>>\n\nassigned. See $173.166(c). When the EX number is provided on the shipping paper, it\nneed not also be marked on the package.\n43. We contract with a third-party emergency services company for 24-hour emergency\ntelephone service in accordance with $ 172.604. May another entity use our emergency\ncontact telephone number if we are not the shipper or recipient indicated on the shipping\npapers?\nA3. In accordance with $ 172.604, a person who offers a hazardous material for\ntransportation must provide an emergency response telephone number for use in the event\nof an emergency involving the hazardous material. The telephone number must be the\nnumber of the offeror or the number of an agency or organization capable of, and accepting\nresponsibility for, providing detailed information about the hazardous material. Another\nentity may use your emergency response telephone number by prior arrangement with you\nand the third-party provider. The emergency response provider may require evidence, such\nas your company name or registration number, indicating that your company contracted for\nthe emergency response services. An indication of this contractual relationship on the\nshipping paper will promote linkage between the provider and the person arranging to use\nthe provider's service, ensuring compliance with $ 172.604. Accordingly, a person who\narranges with an organization to provide emergency response services required by the HMR\nshould ensure that the shipping papers that accompany the shipment include the information\nnecessary to enable the provider to identify the person who has contracted for the services.\nI hope this answers your inquiry\nCharles E. Betts\nChief, Standards Development\nfice of Hazardous Materials Standards k\n\n<<>>\n\nPage 1 of 2\nDrakeford, Carolyn cPHMSA> 173*-f7b\n- - -**---- Fee\" ----*--- \"-- *- --.--- $ -\" - --* - -m\" \"-*.- *\"\"*%- -- - \" -\nFrom: IMFOCMTR cPHMSA>\nSent: Thursday, December 18,2008 3:48 PM\nTo: Drakeford, Carolyn cPHMSA>\nSubject: FW: Feedback: Shippers-General Requirements for Shipments and Packagings (Sections 173.1\n– 173.476)\nCarolyn, a letter of interp request please, thank you! MBN\n-----Original Message-----\nFrom: PHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Thursday, December 18,2008 1 :37 PM\nTo: PHMSA HM Infocenter; PHMSA Webmaster\nSubject: Feedback: Shippers-General Requirements for Shipments and Packagings (Sections 173.1\n– 173.476)\nDear Mr. Edward Mazzullo,\nTwo areas of discussion exist within our organization and I seek your office for clarification. I have used\nthe PHMSA Interpretation search engine and I apologize in advance if I have missed a previous\nresponse that applies to this inquiry. The site was very helpful and it was educational to review previous\nquestions and response.\n1. EX Number /Competent Authority- American Honda Motor Company assists in retrieval of\n\"live\" inflators, modules, or pretensioners (UN3268lClass 9) for analysis purpose by us, Honda factories\nand suppliers. These components are manufactured by various suppliers for \"Honda\"; the supplier has\nmade application for the EX number and forwards assigned number to American Honda for our records\nand shipping requirements.\nAmerican Honda will utilize the suppliers EX number for shipping purposes by ourselves, Honda\nfactories, and its authorized dealer network. At times, I have been requested by FAA or FedEx to\nproduce a physical copy of the Competent Authority relating to the assigned EX number. It is my\nunderstanding that the product be traceable to the specific EX number but that the shipper (American\nHonda, Honda factories and dealer network) is not required to have on hand a physical copy or produce\nsuch copy of the Competent Authority.\nCould you please clarify if the shipper as noted in this scenario would be required to have at hand,\nphysical copy of the Competent Authority prior to placing product in commerce or be required to\nproduce after shipment such as for auditlreview purposes by DOT, FAA or other regulatory agencies?\n2. EX number1Outside package- It is noted that the EX number is not required to be marked on the\noutside package.\nIs there any scenario that would require that the EX number be marked on the outside package?\n3. Emergency Contact Telephone Number - As noted in item (I), American Honda requests and\nassists in retrieval of various automotive parts that are regulated as dangerous goods. In some cases we\nare directly receiving these parts, in other cases, another \"Honda\" company or supplier will be recipient\n\n<<>>\n\nPage 2 of 2\nwith American Honda acting as a third party. American Honda is under contract with an information and\ncompliance service for our emergency contact number.\nIs it acceptable to use our Emergency Contact Telephone Number if we are not the shipper or in some\ncases the recipient (as described above) on the shipping papers?\nShould it be specified on the shipping papers that the Emergency Contact Telephone Number is not the\nshippers but that of the recipient or an involved third party?\nRespectfully,\nJoseph A. Taranovich\nSupervisor, Warranty Parts Inspection\nAmerican Honda Motor Company\n25000 Honda Parkway\nMarysville, Ohio 43040\nj oe~taranovich@ahrn.honda.com\n937 642-2737\n-----------\nName: Joseph A. Taranovich\nOrganization: American Honda Motor Company, Inc.\nEmail: joe taranovich@ahrn.honda.com\nAddress: 25000 Honda Parkway\nCity: Marysville\nZip Code: 43040\nPhone: 937 642-2737\nCountry: USA\nFAX: 937 642-6390","truncated":false,"body_characters":7552}