{"operation":"document","citation":"18-0004","title":"Commercial Vehicle Safety Alliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-07-13","effective_on":null,"summary":"18-0004 response to Commercial Vehicle Safety Alliance concerning 172.201, 172.203, 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/60236/180004.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 1 3 2018 1200 New Jersey Avenue, SE\nWashington, DC 20590\nCollin Mooney\nExecutive Director\nCommercial Vehicle Safety Alliance\n6303 Ivy Lane, Suite 310\nGreenbelt, MD 20770\nReference No. 18-0004\nDear Mr. Mooney:\nThis letter is in response to your January 5, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to documenting the criticality\nsafety index (CSI) on shipping papers in accordance with§ 172.203(d)(6)(ii). You state that\nshipping paper requirements for consignments containing fissile materials are unclear because of\nrecent changes to the definition of CSI in § 173 .403 and that it is your understanding that this\ndefinition does not apply to any part of the HMR other than Subpart I of Part 173. Specifically,\nyou ask whether it is acceptable to show only the arithmetic sum of the CS Is for all the Class 7\nfissile material packages in an overpack, freight container, consignment, or conveyance on a\nshipping paper in lieu of providing the CSI for each individual package.\nThe answer is no. To comply with the additional description requirements in§ 172.203(d)(6)(ii),\nthe CSI for each individual package of fissile material must be indicated on the shipping paper,\nrather than the arithmetic sum of packages in an overpack, freight container, consignment, or\nconveyance. The CSI for the individual packages in your consignment should be detennined in\naccordance with 10 CFR 71.22, 71.23, and 71.59, as outlined in§ 173.403. For purposes of\nrequirements for the preparation of shipping papers,§ 172.201(a)(4) allows additional\ninformation concerning a material on a shipping paper if the information is not inconsistent with\nthe required description and is placed after the basic description.\nI hope this infonnation is helpful. Please contact us if we can be of further assistance.\nSfficcr~ /~\n~~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nC .\n3~'-~\ns~?\\ ~~J~\n/ f{-Oao<?\nCommercial Vehicle Safety Alliance\nImproving unifo rmity in commercial motor vehicle safety and en fo rcem ent\n1+1•\nJanuary 5, 2018\nShane Kelley\nActing Director\nStandard and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Kelley,\nThe Commercial Vehicle Safety Alliance (CVSA) Level VI Inspection Program instructors recently identified\na potential problem with the definition of criticality safety index. The issue is outlined below.\nCVSA is a nonprofit association comprised of local, state, provincial, territorial and federal commercial\nmotor vehicle safety officials and industry representatives. The Alliance aims to achieve uniformity,\ncompatibility and reciprocity of commercial motor vehicle inspections and enforcement by certified\ninspectors dedicated to driver and vehicle safety. Our mission is to improve commercial motor vehicle\nsafety and uniformity throughout Canada, Mexico and the United States, by providing guidance and\neducation to enforcement, industry and policy makers.\nIn 49 CFR §173.403 the definition of criticality safety index (CSI) was changed in 2014 as part of the global\nharmonization effort under HM-250. The new definition of CSI ends with :\n\" ... CS/ for an overpack, freight container, consignment or conveyance containing fissile\nmaterial packages is the arithmetic sum of the criticality safety indices of all the fissile\nmaterial packages contained within the overpack, freight container, consignment or\nconveyance.\"\nThis causes a potential issue with shipping papers. At the beginning of §173.403 the regulation states that\nthese definitions are \"for the purposes of this subpart\" meaning the definition of CSI only applies to\nSubpart I (§173.401 - 477). §172.203(d)(6) requires that the CSI for each package be included in the\nadditional shipping paper entries. According to the beginning of §173.403, the definition of CSI does not\napply to any other subparts. CVSA requests an official interpretation on the question below:\n6303 Ivy La ne, Sui te 310 Greenbe lt, Ma i yland 20770 30 1-830 ·6 1 43 www.cvsa org\n\n<<<PAGE 3>>>\n\nQuestion: For a consignment of multiple Class 7 packages, is it acceptable to only show the arithmetic\nsum of the criticality safety indices as defined in Subpart I on the shipping papers? Or do the regulations\nrequire the CSI of each package to be displayed separately, per §172.203(d)(6)?\nAdditional clarity is needed in order to ensure that the matter is taught and enforced properly by roadside\ninspectors and the motor carrier industry has a clear understanding of the shipping paper requirements.\nCVSA works to closely monitor, evaluate and identify potentially unsafe transportation processes and\nprocedures as well as to help facilitate and implement best practices for enhancing safety on our\nhighways. Commercial motor vehicle safety continues to be a challenge and we need the involvement of\nall affected parties to help us better understand these issues and put into place practical solutions. We\nappreciate the opportunity to comment on this proposal and the agency's commitment to safety and\nstakeholder involvement.\nIf you have further questions or comments, please do not hesitate to contact me by phone at 301-830-\n6149 or by email at collinm@cvsa.org.\nRespectfully,\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n2\n6303 Ivy Lane, Sui te 310 Greenbe lt, Ma i yland 20770 30 1-830 -6 1 43 www.c vsa org","truncated":false,"body_characters":5635}