{"operation":"document","citation":"17-0118","title":"The Council on Safe Transportation of Hazardous Articles (COSTHA) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-05-17","effective_on":null,"summary":"17-0118 response to The Council on Safe Transportation of Hazardous Articles (COSTHA) concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0118.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0118.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0118","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69751/170118.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nMAY 1 7 2018\nAdministration\nMs. Lara Currie\nAdministrator\nThe Council on Safe Transportation of Hazardous Articles (COSTHA)\n10 Hunter Brook Lane\nQueensbury, NY 12804\nReference No. 17-0118\nDear Ms. Currie:\nThis letter is in response to your October 25, 2017, e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of\nengines and machinery. You note that in a recent rulemaking PHMSA harmonized the HMR\nproper shipping names utilized for the transportation of engines and machinery containing\nengines with those in the United Nations Recommendations on the Transport of Dangerous\nGoods-Model Regulations (UN Model Regulations). Additionally, you note that no\ncorresponding amendment was made to the exception from the emergency response\nrequirements found in § 172.604(d)(2) to list the new engine and machinery proper shipping\nnames. Specifically, you request confirmation of your understanding that the entry for engines,\ninternal combustion in § 172.604(d)(2) covers the three new engine or machinery proper\nshipping names (UN 3528, UN3529, or UN 3530), and that all listed engine proper shipping\nnames are not subject to the emergency response telephone number requirements in § 172.604.\nOn March 30, 2017, PHMSA published a final rule under Docket Number PHMSA-2015-0273\n(HM-215N) [82 FR 15796] to maintain alignment with international standards by incorporating\nvarious amendments, including changes to proper shipping names, hazard classes, packing\ngroups, special provisions, packaging authorizations, air transport quantity limitations, and vessel\nstowage requirements. The HM-215N rulemaking harmonized the HMT proper shipping names\nutilized for the transportation of engines and machinery containing engines with those in the UN\nModel Regulations. However, PHMSA did not amend § 172.604(d)(2) to ensure that engines,\ninternal combustion offered under any of the new proper shipping names would continue to\nreceive an exception from the emergency response telephone number requirements of § 172.604.\nThe emergency response telephone number requirements of § 172.604 do not apply to any\nmaterials properly described using proper shipping names listed for any of the three new engine\nor machinery proper shipping names (UN 3528, UN3529, or UN 3530), and it is our intent that\nindividuals offering these materials continue to receive the exception provided in\n§ 172.604(d)(2). We realize that there may be some ambiguity in the regulatory language\nprescribed in this paragraph and intend to clarify its intent in a future rulemaking.\n\n<<>>\n\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<>>\n\nWebb\n£172.604\nDodd, Alice (PHMSA)\nFergency huspense.\nFrom:\nSent:\nWebb, Steven (PHMSA)\nFriday, October 27, 2017 11:31 AM\nTo:\nDodd, Alice (PHMSA)\nSubject:\nFW: Engines, Internal Combustion and 172.604\nCan you log this email in as an interp request and assign it to me. I already have a draft response, but need an interp\nnumber/folder.\nThanks\nSteve\nFrom: Tom Ferguson [mailto:Tom@costha.com]\nSent: Friday, October 20, 2017 12:39 PM\nTo: Webb, Steven (PHMSA) \nCc: Stevenson, Tonya (PHMSA) ; lara costha.com ; Chris Yakush\n\nSubject: Engines, Internal Combustion and 172.604\nSteven,\nHope this email finds you well! I have a quick question about PHMSA's intention on the new engine entries. I don't need\na formal letter of interpretation at this point and if this leads to a need to clarify in the HMR, we can submit a petition.\nAll I am interested in is whether you think clarification needs to be requested.\nIn HM-215N, PHMSA adopted the new. entries for Engines, Internal Combustion. They include:\n• Engines, Internal Combustion, flammable liquid powered (UN3528);\n• Engines, Internal Combustion, flammable gas powered (UN3529);\nAnd, of course, already present but still valid is:\n• Engines, internal combustion (now UN3530)\nIn looking at HM-215N, there is no discussion on requiring the emergency response telephone number for UN3528 or\nUN3529. Currently, in § 172.604(d)(2), vehicles flammable liquid and gas powered are excepted from the number\nrequirement as are engines, internal combustion. But because this section includes reference to both the vehicle entries\n(Vehicle, flammable gas powered, and Vehicle, flammable liquid powered), it begs the question whether something is\ndifferent for Engines, Internal Combustion since only the full proper shipping name for UN3530 is listed.\nWe believe that this is simply a result of how § 172.604(d)(2) is written. We believe PHMSA did not intend to require the\nER number for UN3528 or UN3529, and did not modify § 172.604(d)(2) because the entry Engines, Internal Combustion\ncovers all three Engine entries (UN3528, UN3529, and UN3530).\nSo my direct question is do you agree? Or do you believe this requires additional review and discussion. If the former,\nwe can answer our member's question quickly. If the latter, or even if you believe the former but think it could be\nclearer, we will submit a request for a letter of interpretation or a petition to clarify the point.\nPlease feel free to give me a call if you'd like to discuss.\nThanks and have a great weekend!\n1\n\n<<>>\n\nTom Ferguson, PG, CHMM, DGSA\nSenior Technical Consultant\nCouncil On Safe Transportation of Hazardous Articles (COSTHA)\n10 Hunter Brook Lane\nO: 518-761-0389\nQueensbury, NY 12804\nF: 518-792-7781\nCOSTHA 2018 Annual Forum & Expo ~ April 22-25 ~ Weston, FL\nThis information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to\naccuracy or completeness of any such interpretation or information, however, nor do we warrant that compliance with any advice wi\nur members and has been answered to the best of our ability based on the information provided to us. We do not guarantee the\ninterpretation and govemment authorities or legal counsel should be contacted for such a response.\nprovide will guarantee compliance with any legal or regulatory requirements. Our statements or opinions do not convey legal","truncated":false,"body_characters":6445}