{"operation":"document","citation":"18-0046","title":"Hawks Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-10-11","effective_on":null,"summary":"18-0046 response to Hawks Logistics concerning 171.2, 173.21, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0046.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0046.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0046","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69496/180046.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOCT J 1 2018\nSteve Hawks\nHawks Logistics\n1120 Bank Side Circle\nEdmond, OK 73012\nReference No. 18-0046\nDear Mr. Hawks:\nThis letter is in response to your March 23, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision (SP) 387\nfor substances requiring stabilization prior to transportation.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether the carrier may rely on the shipper to ensure that the stabilized material\nwill be such that the material will not become unstable at temperatures of 50 °C (122 °F)\nor less.\nA 1. The answer is yes. In accordance with § 173 .22 of the HMR, it is the responsibility of\nthe shipper, or \"person who offers,\" to properly classify and describe a hazardous\nmaterial, as well as to determine whether the packaging or container is authorized for the\nhazardous material that is being offered for transportation.\nQ2. You ask whether a carrier may rely on information provided on a material's Safety Data\nSheet (SDS) that states a hazardous material does not require temperature stabilization\nwhile in transportation.\nA2. An SDS may be a useful reference document for information pertaining to a hazardous\nmaterial; however, PHMSA does not verify or certify transportation information provided\nin an SDS. Therefore, an SDS may not reflect all requirements of, or exceptions from,\nthe HMR- . in your case, SP 387 and§ 173.21(f). However,§ 173.22 of the HMR places\nprimary responsibility on the shipper, or \"person who offers,\" to properly classify,\ncommunicate the hazard of a hazardous material, and determine that the packaging is\nauthorized for the hazardous material. Pursuant to § 171.2(f) of the HMR, a carrier may\nrely on information provided by the shipper, unless the carrier knows that the information\nprovided is incorrect.\nQ3. You ask whether the HMR require the shipper to provide the self-accelerated\npolymerization temperature (SAPT) or self-accelerated decomposition temperature\n(SADT) for self-reactive materials.\n\n<<<PAGE 2>>>\n\nA3. The answer is no. SAPT and SADT values are defining characteristics used for the\nclassification of certain Division 4.1 hazardous materials. However, the HMR currently\ndo not require that the shipper provide that information to the carrier or on a shipping\npaper for transportation.\nQ4. You ask why there is a sunset date on the provisions added in SP 387.\nA4. PHMSA included a \"sunset\" provision of January 2, 2019, for all amendments\nconcerning polymerizing substances. PHMSA intends to review and research the\nimplications of the polymerizing substance amendments and readdress the issue in the\nnext international harmonization rulemaking. The HM-215N Harmonization With\nInternational Standards (RRR) Final Rule (82 FR 15796; March 30, 2017) further\ndiscusses PHMSA's decision to include a sunset date. The final rule may be accessed\nonline at: https://www.gpo.gov/fdsys/pkg/FR-2017-03-30/pdf/2017-04565.pdf\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n//40/2#1',L\n~kDe/4 ·ndeifn\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nFriday, March 23, 2018 3:59 PM\nHazmat Interps\nSubject: FW: Special Provision 387\nHi Alice and lkeya,\nPlease submit the email below as a letter of interpretation. Mr. Hawks spoke with Breanna. Please let me know if you\nhave any questions.\nThanks,\nJodi\nFrom: steve [mailto:shawks@hawkslogistics.com]\nSent: Friday, March 23, 2018 12:22 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Special Provision 387\nMy company is Hawks Logistics, inc. We do logistics consulting. We have noticed a lot of confusion about Special\nProvision and are requesting a letter of interpretation on this provision.\nThe provision reads:\n387 W e n rnaterials are stabilized by temperat re control, ·he provisions of §173. 1 ( o chis subchapter apply. W_he n chemica\nstabiliz.atio is e ployed, ,he person offering : he material fo r tra spore shall ensure that t e level of s,abilization is su icier\nprevent the m a e rial as packaged from dangerous polymerization at SO 0\n( (1 22 ° ). If chem ical stabilization becomes in effe -\nat lower temperatures within the anticipated duratio of transpon, tem perature control is req ired and is forbidde by\nai rcraft. In maki g this detern ination factors rn be ·aken into considera ·on i elude, b tare not li mited to, the capaci y and\ngeometry of the packaging a d thee ect of a ny insulation present, the tem perarure of the ma e ri al w e n offered o\nransport, the du ration o ·he journey, a nd t e ambient ·e n perature conditions typically e ncou tered i the journey\n(considering a lso the season o year), th e effectiveness and other properties of the stabilizer empl·oyed, applicable operacior\ncontrols imposed by regulatio (e.g. requ iremen s. co pro·ecc f om sources of heat, i el udi ng o he r cargo carried at a\n·emperacure above a biem) nd a0y other releva nt ·actors. T e pr visions of this special provision will be effective ti l\nJa nuary 2, 20 9, u less we termina1e them earlier or extend them beyo d ! at dace by ocice of a nal ru le int e FEDERAL\nEG IS 'ER.\nThe first sentence is understand; if temperature control is used to stabilize the material, §173.21(f) applies.\nThe second sentence tells me that the person offering chemically stabilized material shall ensure the stabilization will be\nsuch that the material will not become unstable at a temperature <S0°C (122° F).\nFirst Question: Is the carrier receiving the material supposed to rely on the shipper to ensure this? .\nSecond Question: If paragraph 10 or 14 in the Safety Data Sheet states that the material is safe for transportation\nwithout temperature stabilization, does this make it acceptable?\nThird Question: Is there a requirement for the shipper to provide a SAPT or SADT number to the material?\nForth Question: Why is there a sunset to this provision?\nLast have you any additional words of wisdom to add that might help the lack of common understanding between the\ncarriers and the shippers?\n1\n\n<<<PAGE 4>>>\n\nThanks you.\nSteve\nSteve Hawks\n405 203-5689\n405 340-3395\nshawks@hawkslogistics.com\n2","truncated":false,"body_characters":6440}