{"operation":"document","citation":"10-0245","title":"Air Transport International, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-31","effective_on":null,"summary":"10-0245 response to Air Transport International, L.L.C. concerning 171.1, 171.2, 171.3, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0245.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0245.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0245","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100245.pdf","body":"<<>>\n\nU.S. Deportment Washington\n1200 New Jersey Avenue SE\nof T ronsportotion DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 3 1 2011\nMr. Dave Bell\nManager, Aircraft Ground Services\nAir Transport International, L.L.C.\n2 Air Cargo Parkway East\nSwanton, OH 43558\nReference No. 10-0245\nDear Mr. Bell:\nThis is in response to your e-mail to the Pipeline and Hazardous Materials Safety\nAdministration's Hazardous Materials Information Center pertaining to special permits. In\nyour e-mail, you ask whether § 1 72.203(a) ofthe Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) requires the notation \"DOT-SP 11110\" to be placed on shipping\npapers accompanying packages offered for transportation under Special Permit Number\nDOT-SP 11110.\nThe answer is no. Under the HMR, a shipper is responsible for noting the special permit\nnumber on a shipping paper and package marking for a hazardous material authorized for\ntransportion under the terms of a special permit (see §§ 171.1, 171.2, 171.3, 172.203(a)\nand 172.301(a)). DOT-SP 11110 is an operational special permit issued only to carriers\nthat authorizes hazardous materials to be stowed in the manner specified in the special\npennit. Therefore, the shipper's responsibility to note the special permit number on the\nshipping paper and package marking does not apply.\nI hope this satisfies your request.\nSincerely,\nr-~ ~~~/1:; VGXJ~_·\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Monday. November 22, 2010 11 :07 AM \n To: Drakeford. Carolyn (PHMSA)\nSubject: FW: Request for interpretation of 172.203(a)\nAttachments: Dave Bell.vcf; DOT-SP 11110.pdf\nImportance: High\nI I I\nID:\"'oziJ-s\nHi Carolyn,\nWe received the following for a formal letter of interpretation at the Info\nCenter.\nThanks,\nVictoria Lehman\n202-366 1035\nFrom: Dave Bell [mailto:Dave.Bell@airtransport.cc]\nSent: Monday, November 22, 2010 10:57 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for interpretation of 172.203(a)\nImportance: High\nDear PHMSA,\nMy request for interpretation has to do with § 172.203(a) regarding the notation of a Special Permit on the\nshipping paper, specifically where it states \"each shipping paper issued in connection with a shipment made\nunder a special permit must bear the notation \"DOT-SP\" followed by the special permit number ...... If,\n§ 172.203 Additional description requirements.\n(a) Special permits. Except as provided in §173.23 of this subchapter. each shipping paper issued in\nconnection with a shipment made- under a special permit must bear the notation \"DOT -SP\" followed by\nthe special permit number assigned and located so that the notation is clearly associated with the\ndescription to which the special permit applies. Each shipping paper issued in connection with a\nshipment made under an exemption or special permit issued prior to October 1, 2007, may bear the\nnotation \"DOT -E\" followed by the number assigned and so located that the notation is clearly associated\nwith the description to which it applies.\nMy question focuses on that part that states \"in connection with a shipment made under a special permit .. \" Is\nthe special permit number required on the shipping paper if the hazmat shipment is not specifically mentioned\nin the special permit? In other words, if the special permit does not have a specific connection with the\nshipment but allows the special permit holder to use on a variety of shipments, is the special permit number\nrequired on the shipping paper?\nFor example, take the attached DOT-SP 11110 held by United Parcel Service Company (UPSCO). This\nspecial permit authorizes UPSCO to transport certain hazmat in an inaccessible location aboard an aircraft in\nquantities exceeding those authorized by § 175.75, however, you won't find ''DOT -SP 11110\" on the shipping\npaper for any of those hazardous materials because UPSCO's interpretation of § 172.203(a) is that their\nspecial permit was not made in connection for any specific shipment.\nI would agree with their interpretation but wanted to make it official.\nThanks very much,\n1\n\n<<>>\n\nDave Bell\nManager, Aircraft Ground Services\nAir Transport International L.L.C.\n419-867-9914 x2242 Office\n419-377-9090 Cell\nDave Bell\n,.Ianager Aircraft Ground Servites\n(419) 861-9914 x 2242WfJrk\n{419} 377-9090Moblie\n. Dave.BeII@airtransport.cc\nweb: http!!lwwlV.airtransport.cq\n\",(\"';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!\nI~; prOf'ib!tt)d. If you h