Hawks Logistics — Hazardous Materials Safety Interpretation

Page 10 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 OCT J 1 2018 Steve Hawks Hawks Logistics 1120 Bank Side Circle Edmond, OK 73012 Reference No. 18-0046 Dear Mr. Hawks: This letter is in response to your March 23, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision (SP) 387 for substances requiring stabilization prior to transportation. We have paraphrased and answered your questions as follows: Q 1. You ask whether the carrier may rely on the shipper to ensure that the stabilized material will be such that the material will not become unstable at temperatures of 50 °C (122 °F) or less. A 1. The answer is yes. In accordance with § 173 .22 of the HMR, it is the responsibility of the shipper, or "person who offers," to properly classify and describe a hazardous material, as well as to determine whether the packaging or container is authorized for the hazardous material that is being offered for transportation. Q2. You ask whether a carrier may rely on information provided on a material's Safety Data Sheet (SDS) that states a hazardous material does not require temperature stabilization while in transportation. A2. An SDS may be a useful reference document for information pertaining to a hazardous material; however, PHMSA does not verify or certify transportation information provided in an SDS. Therefore, an SDS may not reflect all requirements of, or exceptions from, the HMR- . in your case, SP 387 and§ 173.21(f). However,§ 173.22 of the HMR places primary responsibility on the shipper, or "person who offers," to properly classify, communicate the hazard of a hazardous material, and determine that the packaging is authorized for the hazardous material. Pursuant to § 171.2(f) of the HMR, a carrier may rely on information provided by the shipper, unless the carrier knows that the information provided is incorrect. Q3. You ask whether the HMR require the shipper to provide the self-accelerated polymerization temperature (SAPT) or self-accelerated decomposition temperature (SADT) for self-reactive materials.#

Page 2A3. The answer is no. SAPT and SADT values are defining characteristics used for the classification of certain Division 4.1 hazardous materials. However, the HMR currently do not require that the shipper provide that information to the carrier or on a shipping paper for transportation. Q4. You ask why there is a sunset date on the provisions added in SP 387. A4. PHMSA included a "sunset" provision of January 2, 2019, for all amendments concerning polymerizing substances. PHMSA intends to review and research the implications of the polymerizing substance amendments and readdress the issue in the next international harmonization rulemaking. The HM-215N Harmonization With International Standards (RRR) Final Rule (82 FR 15796; March 30, 2017) further discusses PHMSA's decision to include a sunset date. The final rule may be accessed online at: https://www.gpo.gov/fdsys/pkg/FR-2017-03-30/pdf/2017-04565.pdf I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, //40/2#1',L ~kDe/4 ·ndeifn Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3January, lkeya CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Friday, March 23, 2018 3:59 PM Hazmat Interps Subject: FW: Special Provision 387 Hi Alice and lkeya, Please submit the email below as a letter of interpretation. Mr. Hawks spoke with Breanna. Please let me know if you have any questions. Thanks, Jodi From: steve [mailto:shawks@hawkslogistics.com] Sent: Friday, March 23, 2018 12:22 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Subject: Special Provision 387 My company is Hawks Logistics, inc. We do logistics consulting. We have noticed a lot of confusion about Special Provision and are requesting a letter of interpretation on this provision. The provision reads: 387 W e n rnaterials are stabilized by temperat re control, ·he provisions of §173. 1 ( o chis subchapter apply. W_he n chemica stabiliz.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 prevent the m a e rial as packaged from dangerous polymerization at SO 0 ( (1 22 ° ). If chem ical stabilization becomes in effe - at lower temperatures within the anticipated duratio of transpon, tem perature control is req ired and is forbidde by ai 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 geometry 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 ransport, the du ration o ·he journey, a nd t e ambient ·e n perature conditions typically e ncou tered i the journey (considering a lso the season o year), th e effectiveness and other properties of the stabilizer empl·oyed, applicable operacior controls 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 ·emperacure above a biem) nd a0y other releva nt ·actors. T e pr visions of this special provision will be effective ti l Ja 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 EG IS 'ER. The first sentence is understand; if temperature control is used to stabilize the material, §173.21(f) applies. The second sentence tells me that the person offering chemically stabilized material shall ensure the stabilization will be such that the material will not become unstable at a temperature <S0°C (122° F). First Question: Is the carrier receiving the material supposed to rely on the shipper to ensure this? . Second Question: If paragraph 10 or 14 in the Safety Data Sheet states that the material is safe for transportation without temperature stabilization, does this make it acceptable? Third Question: Is there a requirement for the shipper to provide a SAPT or SADT number to the material? Forth Question: Why is there a sunset to this provision? Last have you any additional words of wisdom to add that might help the lack of common understanding between the carriers and the shippers? 1#

Page 4Thanks you. Steve Steve Hawks 405 203-5689 405 340-3395 shawks@hawkslogistics.com 2#