Air Transport International, L.L.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment Washington 1200 New Jersey Avenue SE of T ronsportotion DC 20590 Pipeline and Hazardous Materials Safety Administration OCT 3 1 2011 Mr. Dave Bell Manager, Aircraft Ground Services Air Transport International, L.L.C. 2 Air Cargo Parkway East Swanton, OH 43558 Reference No. 10-0245 Dear Mr. Bell: This is in response to your e-mail to the Pipeline and Hazardous Materials Safety Administration's Hazardous Materials Information Center pertaining to special permits. In your e-mail, you ask whether § 1 72.203(a) ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) requires the notation "DOT-SP 11110" to be placed on shipping papers accompanying packages offered for transportation under Special Permit Number DOT-SP 11110. The answer is no. Under the HMR, a shipper is responsible for noting the special permit number on a shipping paper and package marking for a hazardous material authorized for transportion under the terms of a special permit (see §§ 171.1, 171.2, 171.3, 172.203(a) and 172.301(a)). DOT-SP 11110 is an operational special permit issued only to carriers that authorizes hazardous materials to be stowed in the manner specified in the special pennit. Therefore, the shipper's responsibility to note the special permit number on the shipping paper and package marking does not apply. I hope this satisfies your request. Sincerely, r-~ ~~~/1:; VGXJ~_· T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Monday. November 22, 2010 11 :07 AM To: Drakeford. Carolyn (PHMSA) Subject: FW: Request for interpretation of 172.203(a) Attachments: Dave Bell.vcf; DOT-SP 11110.pdf Importance: High I I I ID:"'oziJ-s Hi Carolyn, We received the following for a formal letter of interpretation at the Info Center. Thanks, Victoria Lehman 202-366 1035 From: Dave Bell [mailto:Dave.Bell@airtransport.cc] Sent: Monday, November 22, 2010 10:57 AM To: INFOCNTR (PHMSA) Subject: Request for interpretation of 172.203(a) Importance: High Dear PHMSA, My request for interpretation has to do with § 172.203(a) regarding the notation of a Special Permit on the shipping paper, specifically where it states "each shipping paper issued in connection with a shipment made under a special permit must bear the notation "DOT-SP" followed by the special permit number ...... If, § 172.203 Additional description requirements. (a) Special permits. Except as provided in §173.23 of this subchapter. each shipping paper issued in connection with a shipment made- under a special permit must bear the notation "DOT -SP" followed by the special permit number assigned and located so that the notation is clearly associated with the description to which the special permit applies. Each shipping paper issued in connection with a shipment made under an exemption or special permit issued prior to October 1, 2007, may bear the notation "DOT -E" followed by the number assigned and so located that the notation is clearly associated with the description to which it applies. My question focuses on that part that states "in connection with a shipment made under a special permit .. " Is the special permit number required on the shipping paper if the hazmat shipment is not specifically mentioned in the special permit? In other words, if the special permit does not have a specific connection with the shipment but allows the special permit holder to use on a variety of shipments, is the special permit number required on the shipping paper? For example, take the attached DOT-SP 11110 held by United Parcel Service Company (UPSCO). This special permit authorizes UPSCO to transport certain hazmat in an inaccessible location aboard an aircraft in quantities exceeding those authorized by § 175.75, however, you won't find ''DOT -SP 11110" on the shipping paper for any of those hazardous materials because UPSCO's interpretation of § 172.203(a) is that their special permit was not made in connection for any specific shipment. I would agree with their interpretation but wanted to make it official. Thanks very much, 1#

Page 3Dave Bell Manager, Aircraft Ground Services Air Transport International L.L.C. 419-867-9914 x2242 Office 419-377-9090 Cell Dave Bell ,.Ianager Aircraft Ground Servites (419) 861-9914 x 2242WfJrk {419} 377-9090Moblie . Dave.BeII@airtransport.cc web: http!!lwwlV.airtransport.cq ",("';sage and 3ny ai.tachmHnts are confitlenllal and proteG"!cJ are not fhe lntended redpil2nt. you l;ln:: advi~)ed th(~lt (~nV fUf1 rier r'eVI~~;'·" COpYHlg G! I~; prOf'ib!tt)d. If you h<lve rece'vf~d this nif:iSsage in E;! fOr. yOti{ computer Hod ot.hor sloragf~ meoia (,nd not~ly tl"il) '£ic!'dQ~ Invnedia1(~ly 2#