{"operation":"document","citation":"09-0071","title":"Oncology Supply Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-17","effective_on":null,"summary":"09-0071 response to Oncology Supply Company concerning 172.702, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0071.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0071.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0071","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090071.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nJUN 1 7 2009\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Brad King\nRegulatory Compliance Manager\nOncology Supply Company\n2801 Horace Shepard Drive\nDothan, A1 36303\nRef. No.: 09-0071\nDear Mr. King:\nThis responds to your e-mail letter regarding the requirements for training under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask\nabout training requirements for employees preparing materials for transportation in\naccordance with a special permit.\nIn accordance with § 172.702 of the HMR, a hazmat employer must ensure that each of its\nh m a t employees is trained. This training must include general awareness, function-\nspecific, safety, and security awareness training as specified in § 172.704(a). Note that\nfunction-specific training includes training concerning the requirements of special permits\nthat are specifically applicable to the .functions the employee performs. See\n9 172.704(a)(2)(i)). Training conducted to comply with the hazard communication programs\nrequired by the Occupational Safety and Health Administration (29 CFR 19 10.120) or the\nEnvironmental Protection Agency (40 CFR 3 1 1.1) or training that complies with security\ntraining programs required by other Federal or international agencies may be used to satisfy\nthe training requirements set forth in § 172.704 to the extent that such training addressed the\ntraining components specified in $ 172.704(a).\nUnder the HMR, each hazmat employer must certify that each of its hazmat employees has\nbeen trained and tested, as required. A record of current training must be created and\nretained by each hazmat employer as specified in 4 172.704(d).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nCharles E. Betts\nce of Hazardous Materials Standards hhief, Standards Development\n\n<<<PAGE 2>>>\n\nPage 1 of 1\nDrakeford, Carolyn cPHMSA>\n\" *---- - . - --- -- *-m*--*- --- --- ---- -- -* --*-- -\nFrom: INFOCNTR <PHMSA>\nSent: Tuesday, March 24, 2009 3:29 PlVl\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Letter of Interpretation Please\nImportance: High\nAttachments: SP9275-2006080006.pdf Gensia-Teva.pdf\nFrom: King, Brad [mailto:brad.king@oncologysupply.com]\nSent: Tuesday, March 24, 2009 10:45 AM\nTo: INFOCNTR <PHMSA>\nCc: Koogler, Tim; Cox, Steve\nSubject: Letter of Interpretation Please\nImportance: High\nUnder this special permit attached that excludes us from normal DOT shipping requirements for flammable liquids\ndealing with ethyl alcohol it refers to required training under number 11 paragraph 2 which states:\nEach \"Hazmat employee\" as defined in 171.8 who performs a function subject to this special permit must receive\ntraining on the requirements and conditions of this special permit in addition to the training required by 49CFR\n172.00 through 172.704.\nIf we keep our associates trained on compliance with provisions of this permit along with the HM126F training,\nChemical Specefic, and Hazwoper that is given in orientation, is this sufficient to meet the training requirements in\nthis special permit due to the fact that under the permit we are able to ship flammables up to 16oz without\nadditional surcharges and Haz MaterialIShippers declaration paperwork requirements?\nThanks,\nBrad King\nRegulatory Compliance Manager\nOncology Supply Company\nBrad King@oncologysupply com\n334.984.2542 Phone 334.983.4460 Fax\n888.877.8430 ext 2542 Toll Free\n2801 Horace Shepard Drive Dothan, AL 36303\nCONFIDENTIALITY NOTICE. This electronic mail transmission may contain privileged an\ninformation and is intended only for the review of the party to whom it is addressed\nreceived this transmission in error, please immediately return it to the sender, del\nit without reading it. Unintended transmission shall not constitute the waiver of t\nor any other privilege.\n\n<<<PAGE 3>>>\n\nFebruary 12, 2009\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\nEast Building, PHH - 30\n1200 New Jersey Avenue. Southeast\nWashington, D.C. 20590\nDOT-SP 9275\n(TWELFTH REVISION)\n(FOR RENEWAL, SEE 49 CFR 5 107.109)\n1. GRANTEE: (See individual authorization letter)\n2. PURPOSE AND LIMITATION:\na. This special permit authorizes the transportation in\ncommerce of certain limited quantities of liquids and solids\ncontaining ethyl alcohol and exempts these shipments from\nthe provisions of 49 CFR except as provided herein. The\nmost recent revision supersedes all previous revisions.\nb. The safety analyses performed in development of this\nspecial permit only considered the hazards and risks\nassociated with transportation in commerce.\nc. Unless otherwise stated herein, this special permit\nconsists of the special permit authorization letter issued\nto the grantee together with this document.\n3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-\n180.\n4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR Parts 171-180,\nexcept as specified in this special permit.\n5. BASIS: This special permit is based on the Pipeline and\nHazardous Materials Safety Administration's (PHMSA)\neditorial review under 5 107.121 initiated on February 11,\n2009.\n\n<<<PAGE 4>>>\n\nContinuation DOT-SP 9275 (12th Rev.) Page 2\nFebruary 12, 2009\n6. HAZARDOUS MATERIALS (49 CFR S 172.101):\nProper Shipping Name\nHazardous Materials Description\nHazard\nClass/\nDivision\nN/A\nIdenti-\nf ication\nNumber\nN/A\nPacking\nGroup\nNo DOT Shipping name required\n(Beverages, foods, cosmetics and\nmedicines, medical screening\nsolutions, and concentrates used\ntherein containing ethyl alcohol\nclassed as a flammable liquid or\nas solids containing a flammable\nliquid. )\nN /A\n7. PACKAGING AND SAFETY CONTROL MEASURES:\nPackagings prescribed are strong, outer packagings which\nmeet the requirements of 5 173.24. In addition, the special\npermit grantee must ensure that the inner packagings of\ncombination packagings are packed, secured, and cushioned to\nprevent breakage, leakage and movement during conditions\nnormally incident to transportation. Cushioning material\nmust not be capable of reacting dangerously with the\ncontents of the inner packagings or having its protective\nproperties significantly weakening in the event of the\nleakage. The following restrictions apply:\na. Liquids containing not more than 70% by volume ethyl\nalcohol may be packaged in non-glass inner packagings\nnot exceeding one gallon capacity. Solids containing\nnot more than 70% by weight ethyl alcohol may be\npackaged in non-glass inner packagings not exceeding 8\npounds capacity. Glass inner packagings not exceeding\n16 fluid ounces for flammable liquids or one pound for\nsolids containing flammable liquids are also\nauthorized.\nb. Liquids containing more than 70% ethyl alcohol by\nvolume may be packaged in inner packagings not\nexceeding 8 fluid ounces. Solids containing more than\n70% ethyl alcohol by weight may not be packaged in\ninner packagings exceeding % pound in weight.\n\n<<<PAGE 5>>>\n\nContinuation DOT-SP 9275 (12th Rev.) Page 3\nFebruary 12, 2009\nc. The net liquid contents of all inner packagings in any\nsingle outer packaging may not exceed 192 fluid ounces.\nThe net solid contents of all inner packagings in any\nsingle outer packaging may not exceed 32 pounds. The\ngross weight of any single outer package shipped under\nthis special permit may not exceed 65 pounds.\nSPECIAL PROVISIONS:\na. A person who is not a holder of this special permit who\nreceives a package covered by this special permit may\nreoffer it for transportation provided.no modifications\nor changes are made to the package and it is reoffered\nfor transportation in conformance with this Special\nPermit and the HMR.\nb. A current copy of this special permit must be\nmaintained at each facility where the package is\noffered or reoffered for transportation.\nc. An ethyl alcohol solution shipped under this special\npermit may contain other hazardous materials provided\nthe solution, absent the ethyl alcohol, is not subject\nto 49 CFR.\nd. This special permit does not apply to flammable\nliquids or solids containing flammable liquids carried\nin personal baggage aboard aircraft, ( § 175.85(a)).\nMODES OF TRANSPORTATION AUTHORIZED: Motor vehicle, rail\nfreight, cargo vessel, cargo only aircraft, and passenger-\ncarrying aircraft.\nMODAL REOUIREMENTS:\na. Copies of this special permit or special permit\nauthorization letter is not required to accompany the\npackage or shipment.\nb. For transportation by passenger and cargo aircraft, no\nouter package may be transported under the terms of this\nspecial permit which contains an inner packaging exceeding:\n(1) 16 fluid ounces of flammable liquid, or\n(2) 1 pound of solids containing flammable liquid.\n\n<<<PAGE 6>>>\n\nContinuation DOT-SP 9275 (12th Rev.) Page 4\nFebruary 12, 2009\n11. COMPLIANCE: Failure by a person to comply with any of the\nfollowing may result in suspension or revocation of this\nspecial permit and penalties prescribed by the Federal\nhazardous materials transportation law, 49 U.S.C. 5101 - et\nseq: -\no All terms and conditions prescribed in this Special\nPermit and the Hazardous Materials Regulations, 49 CFR\nParts 171-180.\no Persons operating under the terms of this special\npermit must comply with the security plan requirement\nin Subpart I of Part 172 of the HMR, when applicable.\no Registration required by § 107.601 et seq., when\napplicable.\nEach \"Hazmat employee\", as defined in § 171.8, who performs\na function subject to this special permit must receive\ntraining on the requirements and conditions of this special\npermit in addition to the training required by §§ 172.700\nthrough 172.704.\nNo person may use or apply this special permit, including\ndisplay of its number, when the special permit has expired\nor is otherwise no longer in effect.\nUnder Title VII .of the Safe, Accountable, Flexible,\nEfficient Transportation Equity Act: A Legacy for Users\n(SAFETEA-LU) - 'The Hazardous Materials Safety and Security\nReauthorization Act of 2005' (Pub. L. 109-59), 119 Stat.\n1144 (August 10, 2005), amended the Federal hazardous\nmaterials transportation law by changing the term\n\"exemption\" to \"special permit\" and authorizes a special\npermit to be granted up to two years for new special\npermits and up to four years for renewals.\n12. REPORTING REQUIREMENTS: Shipments or operations conducted\nunder this special permit are subject to the Hazardous\nMaterials Incident Reporting requirements specified in 49\nCFR §§ 171.15 - Immediate notice of certain hazardous\nmaterials incidents, and 171.16 - Detailed hazardous\nmaterials incident reports. In addition, the grantee(s) of\nthis special permit must notify the Associate Administrator\n\n<<<PAGE 7>>>\n\nContinuation DOT-SP 9275 (12th Rev.) Page 5\nFebruary 12, 2009\nfor Hazardous Materials Safety, in writing, of any incident\ninvolving a package, shipment or operation conducted under\nterms of this special permit.\nIssued in Washington, D.C.:\nc:. --- iJE,.&i\nfor Theodore L. Willke\nAssociate Administrator for Hazardous Materials Safety\nAddress all inquiries to: Associate Administrator for Hazardous\nMaterials Safety, Pipeline and Hazardous Material Safety.\nAdministration, U.S. Department of Transportation, East Building\nPHH-30, 1200 New Jersey Avenue, Southeast, Washington, D.C.\n20590.\nCopies of this special permit may be obtained by accessing the\nHazardous Materials Safety Homepage at\nhttp://hazmat.dot.gov/sp app/special permits/spec perm index.htm\nPhoto reproductions and legible reductions of this special\npermit are permitted. Any alteration of this special permit is\nprohibited.\nPO: sln","truncated":false,"body_characters":11588}