{"operation":"document","citation":"18-0149","title":"Entegris — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-15","effective_on":null,"summary":"18-0149 response to Entegris concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0149.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0149.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0149","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70896/180149.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\nMAR 1 5 2019\nMr. QuentinYarbrough\nEHS&S Specialist - DG & Product Compliance\nEntegris\n706 Houston Clinton Drive\nBurnet, TX 78611\nReference No. 18-0149\nDear Mr. Yarbrough:\nThis letter is in response to your November 27, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of a\ngas purification system by cargo aircraft in accordance with U.S. Department of Transportation\nSpecial Permit (DOT-SP) 15723. You explain that your company wants to transport the gas\npurification system to a recipient who would use it and then return it to your company for\ncleaning and/or refurbishment.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if a shipper must be granted party status to reoffer the gas purification system for\ntransport after use if the shippers has the original packaging, packaging instructions, and\ntraining.\nAl. DOT-SP 15723 stipulates that a person who is not a holder of the special permit may\nreoffer the package for transportation provided no modification or change is made to the\npackage. Generally, it is the opinion of this Office that modifying the \"package,\" as\ndefined in § 171.8, would include opening and/or repackaging the package regardless of\nwhether the re-offeror has the original packaging, packaging instructions, and training.\nQ2. You ask for clarification of the terms \"modified\" or \"changed\" as referenced in DOT-SP\n15723 and Letter of Interpretation No. 13-0070.\nA2. The HMR do not define \"modified\" or \"changed.\" As stated in Answer A 1, this Office\nconsiders opening and/or repackaging the package to be a modification or change.\nAdditionally, the act of filling and/or discharging the contents of a package also\nconstitute modifications or changes in accordance with the provisions of DOT-SP 15723.\n\n<<<PAGE 2>>>\n\nQ3. A3. You ask if opening the crate, removing the system, and then replacing the system and\nclosing the package per the packaging instructions prior to reoffering it for transport\nwould be considered \"modifying\" or \"changing\" the package.\nThe answer is yes. See Answers Al and A2. In accordance with the provisions of\nDOT-SP 15723, a person who is not a holder of the special permit may not reoffer the\npackage for transportation in the event it has undergone a modification or change, to\ninclude opening the package, discharging/filling the materials contained within, or\nrepackaging the package.\nI hope this information is helpful. Please contact us if we can be of further assistance . .\nSincerely,\n~~~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nImportance:\nINFOCNTR (PHMSA)\nWednesday, November 28, 2018 5:00 PM\nHazmat Interps\nFW: Request for letter of interpretation\n130070.pdf; DOT-SP 15723.pdf\nHigh\nHello Alice and lkeya,\nBelow is a request for letter of interpretation with attached supporting documents.\nThanks,\nJonathon, HMIC\nFrom: Quentin Yarbrough [mailto:quentin.yarbrough@entegris.com]\nSent: Tuesday, November 27, 2018 10:48 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for letter of interpretation\nImportance: High\nScenario:\nTransporting a gas purification system that requires a special permit for transport by air. This system is used then\nreturned for cleaning and/ or refurbishment.\nThere will be no modifications or changes to the packaging authorized under the special permit. Packaging, closure\ninstructions, and training provided to those reoffering the system for transport.\nQuestions:\n1. 2. 3. If a shipper has been provided original packaging and packaging instructions and training do they need to be\ngranted \"party'' status to reoffer the system for transport after use?\nWhat would be considered \"modified\" or \"changed\"?\nis opening the crate, removing the system, then replacing the system and closing per the packaging instructions\nprior to reoffering for transport considered \"modifying\" or \"changing\" the packaging?\nInterpretation attached - section A 1.\nIf you are a shipper of a package offered under a special permit you are required to tender a\ncopy of the special permit to the carrier. Paragraph 8, special provisions, of DOT-SP 14887 allows\na person who is not a holder of the special permit who receives a package covered by the special\npermit to reoffer it for transportation provided no modification or change is made to the package,\nand it is reoffered for transportation in conformance with the special permit and the HMR.\nParagraph 1 0, modal requirements, of DOT -SP 14887 requires a current copy of the special permit\nto be carried aboard each cargo vessel, aircraft, or motor vehicle used to transport packages covered\nby the special permit.\nSpecial Permit attached- section 8\n8. SPECIAL PROVISIONS:\na. A person who is not a holder of this special permit who receives a package covered by this special\npermit may reoffer it for transportation provided no modification or change is made to the package\n1\n\n<<<PAGE 4>>>\n\nand it is reoffered for transportation in conformance with this special permit the HMR, the ICAO TI,\nand the IMDG Code.\nContact information below, Thank you.\nQuentin Yarbrough\n+1 512-755-2821\nQuentin.yarbrough@entegris.com\n706 Houston Clinton Dr.\nBurnet TX, 78611\nQuentin Yarbrough\nEHS&S Specialist - DG & Product Compliance\nEHS&S\n· T +1 512 715 5366 M +1 512 755 2821\nlbEntegrts entegris.com\n50 YEARS O f PURE ADVANTAGE\n706 Houston Clinton Dr\nBurnet, Texas, 78611 US\nPACE\n2\n\n<<<PAGE 5>>>\n\nAugust 30, 2018\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\nEast Building, PHH-30\n1200 New Jersey Avenue S.E.\nWashington, D.C. 20590\nDOT-SP 15723\n(FIFTH REVISION)\nEXPIRATION DATE: 2022-07-31\nII\nI\n(FOR RENEWAL, SEE 49 CFR 107.109)\n1.\nGRANTEE: Entegris, Inc.\nChaska, MN\n2. PURPOSE AND LIMITATION:\na. This special permit authorizes the transportation in\ncommerce of Division 4.1 and 4.2 solids in non-specification\npackaging. This special permit provides no relief from the\nHazardous Materials Regulations (HMR), the International\nCivil Aviation Organization's Technical Instruction for the\nSafe Transport of Dangerous Goods by Air (ICAO TI), or the\nInternational Maritime Dangerous Goods Code (IMDG Code)\nother than as specifically stated herein. The most recent\nrevision supersedes all previous revisions.\nb. The safety analyses performed in the development of\nthis special permit only considered the hazards and risks\nassociated with the transportation in commerce.\nc. No party status will be granted to this special permit.\nd. This special permit serves as an \"exemption\" as defined\nin 1;3.1.1 of the ICAO TI and Section 7.9.1 of the IMDG Code\n(see IMO MSC/Circ. 1075-Granting Exemptions from the\nProvisions of the IMDG Code), and as a \"Competent Authority\nApproval\" as defined under 49 CFR § 107.1.\n3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-\n180, ICAO TI, and the IMDG Code.\n\n<<<PAGE 6>>>\n\nContinuation of DOT-SP 15723 (5t h Rev.) 4 •\n5.\n6.\nPage 2\nAugust 30, 2018\nREGULATIONS FROM WHICH EXEMPTED: 49 CFR §§ 173.212 173.213,\nPacking Instructions 449 and 470 of the ICAO TI, and Packing\nInstructions P002 and P410 of the IMDG Code in that a non-\nDOT specification packaging is not authorized, except as\nspecified herein, and§ 176.83 and 7.2.3.2.2 of the IMDG\nCode in that the requirement for same hold segregation is\nwaived.\nBASIS: This special permit is based on the application of\nEntegris, Inc. dated July 6, 2018, submitted in accordance\nwith§ 107.109.\nHAZARDOUS MATERIALS (49 CFR 172.101):\nHazardous Materials Description\nProper Shipping Name Hazard Identi- Packing\nClass/ fication Group\nDivision Number\nManganese resinate 4.1 UN1330 III\nSelf-heating solid, inorganic, 4.2 UN3190 II\nn.o.s.\n7 • SAFETY CONTROL MEASURES:\na. PACKAGING: Packaging prescribed is gas purification\nequipment packaged inside a non-DOT specification wooden\ncrate. The gas purification equipment must meet the\nfollowing requirements:\n(1) The gas purification equipment consists of: a\nsturdy cabinet; with associated instruments; controls;\nwithin are contained metal receptacles.\n(2) The authorized hazardous materials must be\ncontained in metal receptacles. The metal receptacles\nmust be securely mounted metal receptacles in\nconformance the Entegris Drawing No. 2009107 Rev.Con\nfile with the Approvals and Permits Division.\n\n<<<PAGE 7>>>\n\nContinuation of DOT-SP 15723 (5th Rev.) Page 3\nAugust 30, 2018\n(3) The gas purification equipment must be placed in a\nnon-DOT specification crate prior to being offered for\ntransportation. The wood used in the construction of\nthe wooden crate must be EU compliant. The non-DOT\nspecification wooden crate must conform to Entegris\nDrawings No. 5008529 Rev. C Sheet Nos. 1-8 on file with\nthe Approvals and Permits Division, except that\nreductions up to 25 percent in external dimensions are\npermitted.\nb. OPERATIONAL CONTROLS:\n(1) The gas purification equipment authorized under,\nthis permit must contain only one of the authorized\nhazardous materials when being offered for\ntransportation.\n(2) This permit authorizes the transportation of five\nmetal receptacles or less mounted inside of the . gas\npurification equipment.\n(3) All components must be installed and protected by\nthe gas purification equipment's metal cabinet to\nprevent damage or release of the hazardous materials\nduring normal transportation.\n(4) All valves must be securely closed during\ntransportation with individual isolation valves and the\nhazardous materials contained inside protected by a\nblanket of nitrogen at a pressure of 5 psig or less.\n(5) The maximum net quantity of hazardous materials\ncontained in any individual receptacle of the gas\npurification equipment (i.e., in any package) must not\nexceed the package limit authorized for cargo aircraft\nonly as indicated in Column (9) of the Hazardous\nMaterials Table (49 CFR 172.101) and Column 13 of the\nICAO TI Dangerous Goods List entries for the hazardous\nmaterial listed in paragraph (6) above.\n(6) The quantity restriction listed in paragraph\n7.b. (5) applies to all modes approved under this\nspecial permit.\n\n<<<PAGE 8>>>\n\nContinuation of DOT-SP 15723 (5 th Rev.) Page 4\nAugust 30, 2018\n(7) When transported by vessel authorized packages\ncontaining equipment classified in Division 4.1 are not\nrequired to be segregated \"away from\" authorized\npackages containing the gas purification equipment\nclassified in Division 4.2.\n8. SPECIAL PROVISIONS:\na. A person who is not a holder of this special permit who\nreceives a package covered by this special permit may\nreoffer it for transportation provided no modification or\nchange is made to the package and it is reoffered for\ntransportation in conformance with this special permit the\nHMR, the ICAO TI, and the IMDG Code.\nb. A current copy of this special permit must be\nmaintained at each facility where the package is offered or\nreoffered for transportation.\nc. For purposes of transportation by cargo aircraft and\ncargo vessel, this special permit constitutes an exemption\nto the ICAO TI in accordance with 1;1.1.3. and as an\nexemption to the IMDG Code in accordance with Part 7,\nChapter 7.9, Section 7.9.1.\nd. This special permit in no way affects the need to\nobtain any required authorizations from other agencies of\nthe United States Government or from the competent\nauthorities of the States of origin, transit, over flight,\nand destination of the consignment, as well as the State of\nthe air operator.\n9. MODES OF TRANSPORTATION AUTHORIZED: Motor Vehicle, Cargo\naircraft only, Cargo Vessel, Rail Freight.\n10. MODAL REQUIREMENTS: A current copy of this special permit\nmust be carried aboard each cargo vessel, aircraft, or motor\nvehicle used to transport packages covered by this special\npermit. The shipper must furnish a copy of this special·\npermit to the air carrier before or at the time the shipment\nis tendered.\n\n<<<PAGE 9>>>\n\nContinuation of DOT-SP 15723 (5th Rev.) Page 5\nAugust 30, 2018\n11. COMPLIANCE: Failure by a person to comply with any of the\nfollowing may result in suspension or revocation of this\nspecial permit and penalties prescribed by the Federal\nhazardous materials transportation law, 49 U.S.C. 5101 et\nseq:\no All terms and conditions prescribed in this special\npermit and the Hazardous Materials Regulations, 49 CFR\nParts 171-180.\no Persons operating under the terms of this special\npermit must comply with the security plan requirement\nin Subpart I of Part 172 of the HMR, when applicable.\no Registration required by§ 107.601 et seq., when\napplicable.\nEach \"Hazmat employee\", as defined in§ 171.8, who performs\na function subject to this special permit must receive\ntraining on the requirements and conditions of this special\npermit in addition to the training required by§§ 172.700\nthrough 172.704.\nNo person may use or apply this special permit, including\ndisplay of its number, when this special permit has expired\nor is otherwise no longer in effect.\nUnder Title VII of the Safe, Accountable, Flexible,\nEfficient Transportation Equity Act: A Legacy for Users\n(SAFETEA-LU) - \"The Hazardous Materials Safety and Security\nReauthorization Act of 2005\" (Pub. L. 109-59), 119 Stat.\n1144 (August 10, 2005), amended the Federal hazardous\nmaterials transportation law by changing the term\n\"exemption\" to \"special permit\" and authorizes a special\npermit to be granted up to two years for new special permits\nand up to four years for renewals.\n12. REPORTING REQUIREMENTS: Shipments or operations conducted\nunder this special permit are subject to the Hazardous\nMaterials Incident Reporting requirements specified in 49\nCFR §§ 171.15 - Immediate notice of certain hazardous\n\n<<<PAGE 10>>>\n\nContinuation of DOT-SP 15723 (5u Rev.) Page 6\nAugust 30, 2018\nmaterials incidents, and 171.16 - Detailed hazardous\nmaterials incident reports. In addition, the grantee(s) of\nthis special permit must notify the Associate Administrator\nfor Hazardous Materials Safety, in writing, of any incident\ninvolving a package, shipment or operation conducted under\nterms of this special permit.\nIssued in Washington, D.C.:\n( ~ - · ··\n,\n--'\\ ·-')\n--... · 0~,.&: ·\\J-- -~-~ -\n· -- (__.J\nfor William Schoonover\nAssociate Administrator for Hazardous Materials Safety\nAddress all inquiries to: Associate Administrator for Hazardous\nMaterials Safety, Pipeline and Hazardous Material Safety\nAdministration, U.S. Department of Transportation, East Building\nPHH-30, 1200 New Jersey Avenue, Southeast, Washington, D.C .\n20590.\nCopies of this special permit may be obtained by accessing the\nHazardous Materials Safety Homepage at\nhttp: //ha zmat. do t.gov/ sp app / spec ial p e rmi t s / spec p e rm index. htm.\nPhoto reproductions and legible _\nreductions of this special permit\nare permitted. Any alteration of this special permit is\nprohibited.\nPO: BEM/TG\n\n<<<PAGE 11>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and· Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\n1/1/ashington, D.C. 20590\nMr. David Tobin\nSupply Operations Support\nSafeway, Inc.\n6441 C St.\nAnchorage, AK 99518\nJuly 25, 2013\nRef. No.: 13-0070\nDear Mr. Tobin:\nThis is in response to your April 3, 2013 email requesting clarification of the requirements in the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180). In your email you state that your\ncompany ships products made by another company that are offered under DOT-SP 14887, and that\nthe outer packages are not marked to indicate the special permit number. You ask several questions\nwhich are paraphrased and answered as follows:\nQ 1. Is my company required to tender a copy of DOT-SP 14887 when we ship these items?\nA I. If you are a shipper of a package offered under a special pennit you are required to tender a\ncopy of the special permit to the carrier. Paragraph 8, special provisions, of DOT-SP 14887 allows\na person who is not a holder of the special pennit who receives a package covered by the special\npermit to reoffer it for transportation provided no modification or change is made to the package,\nand it is reoffered for transportation in confonnance with the special pennit and the HMR.\nParagraph 10, modal requirements, of DOT-SP 14887 requires a current copy of the special pennit\nto be carried aboard each cargo vessel, aircraft, or motor vehicle used to transport packages covered\nby the special permit. ·\nQ2. Is the original manufacturer of the cans authorized in DOT-SP 14887 required to mark the\nouter packaging with the special permit number?\nA2. When offering a package containing aerosol cans manufactured under DOT-SP 14887 the\noriginal manufacturer is required to mark the outside of the package used to contain the cans.\nSection 172.301 ( c) requires the outside of each package authorized by a special permit to be durably\nmarked \"DOT-SP\" followed by the special permit number assigned. The special permit in question\ndoes not waive this requirement.\nu21~- .\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 12>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Thursday, April 04, 2013 1 :40 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Question regarding SP14887 and 172.301(c)\nAttachments: SP14887 _2011081001.pdf; SP15793_2013010939.pdf\n13-DD11J\nHi Carolyn,\nThis caller would like their letter submitted a letter of interpretation.\nThanks,\nVictoria\nFrom: David Tobin [rnailto:David.Tobin@safeway.com]\nSent: Wednesday, April 03, 2013 7:29 PM\nTo: INFOCNTR (PHMSA)\nCc: David Tobin\nsubject: Question regarding SP14887 and 172.301(c)\nHello,\nAm looking for an interpretation regarding 172.301(c); could you please respond back that you have received this request;\nthank you.\nAt the end of last year we became aware thatSC Johnson was shipping aerosol Glade products with the cans marked DOT\nSP-14487; however, the cases are not marked.\nWhen I called Special Permits and spoke with Kenny Herzog he did not see where the permit exempted 172.301(c). In\nemail correspondence with SC Johnson, Georgia Barr, Trade Compliance, of SC Johnson, emailed me that in a phone\nconversation Mick Nicks of PHMSA Special Permits informed them that they need not print the SP number on the case.\nI've been back and forth with Special Permits but have been unable so far to reach a definitive conclusion. Yesterday Stacy\nGray of Special Permits called me, and suggested I send this in email to you.\nAs the permits calls out that a current copy of the permit must be carried aboard various modes of transport, without the\ncase being marked, we aren't aware a copy needs to be included.\nTherefore we're asking for a letter of interpretation that states we are not required to tender a copy ofthe permit when\nwe ship these items. If not, then we'd request the SC Johnson mark their cases so we know. My understanding is their\napproval not to print is only via a phone call; am unaware if they've obtained a letter of interpretation allowing this.\nI trust you can appreciate our predicament that it appears a permit exists which requires us to do something, yet the item\nin question seemingly does not need to give us this information to act upon.\nIf it helps, am copying part of the email with Georgia below, and attaching SP-14887, as well as SP-15793 (15793 an\nexample of where Section 4 in the SP explicitly waives 172.301(c)).\nThank you,\nDavid Tobin\n1\n\n<<<PAGE 13>>>\n\nSafeway, Inc.\n907-339-7002\nEmail correspondence with SC Johnson:\nThank you Georgia,\nIt does help, and will be interesting to learn more from Kenny and Mike's discussion. We agree the one \"package\" is the\ncontainer (aerosol can). However, within the permit, section 8.c calls out \"Each container ... and shipped in a strong\noutside packagings.\" This takes us to 171.8 for the definition, where we see \"Package or Outside Package\" and from there\nto 172.301(c) where we see \" ... the outside of each package authorized by a special permit must be plainly and durably\nmarked \"DOT-SP\" followed by the special permit number assigned.\" Thus the 'package' is in an 'outside package' and the\n'outside package' must be marked.\nAs you mention, they could have explicitly stated the outside case be marked, but by omission, that does not negate\n172.301(c) which would require a Letter of Interpretation. And am curious, if the purpose is to alert users/offerers/others,\nwhy you would not want it on the case? If the purpose is to alert us, then why would it not be visible on the case:\nThe purpose of the SP is not to allow for some fundamentally different way of over packing, or provide outer packaging\nfor, a shipment of a hazmat. Thus, the functionality of listing the SP number (on the aerosol can) is to alert\nusers/offerors/others that this package has been constructed differently.\nEspecially since section 10 of the permit 10 states \"A current copy of this special permit must be carried aboard each\ncargo vessel, aircraft, or motor vehicle used to transport packages covered by this special permit.\" As we are required to\nprovide current copy of this permit we need to know which items have this permit, hence the value, and appeared\nrequirement, that this knowledge be discernible by viewing the outside package.\nThank you,\nDavid\n.. t. 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J -;;~t-.. ~:h ;=. ,:..,,~·r..1-:;;, 1i ,Zt\"£--t: l, ~i.r~· ii.ft, =:--~ ·z;,\n~ ;~.: c r\n~~;;n~ ;:;L }f;~~:~~:~,~H !;;;!!;~ t:;~I;: =;~,,~~~~::~i :!;I;::~\n._Li t-·••-- nt i .: '. t'='fJ•:i\"-:- rt:\"d..\n171.8\n2\n\n<<<PAGE 14>>>\n\nPackage or Outside Package means a packaging plus its contents. For radioactive materials, see§ 173.403 of this\nsubchapter.\nPackaging means a receptacle and any other components or materials necessary for the receptacle to perform its\ncontainment function in conformance with the minimum packing requirements of this subchapter. For radioactive\nmaterials packaging, see§ 173.403 of this subchapter.\n172.301{c)\nSpecial permit packagings. Except as provided in§ 173.23 of this subchapter, the outside of each package authorized by a\nspecial permit must be plainly and durably marked \"DOT-SP\" followed by the special permit number assigned. Packages\nauthorized by an exemption issued prior to October 1, 2007, may be plainly and durably marked \"DOT-E\" in lieu of \"DOT-\nSP\" followed by the number assigned as specified in the most recent version of that exemption.\nFrom: Barr,Georgia[mailto:GBarr@SCJ.COM]\nSent: Friday, January 18, 2013 10:15 AM\nTo: David Tobin\nCc: Gordon, Rob G.; Santos, Kimberly A.; Hall, Joseph L.; Wiley Jr, Oayton L; Ceschin, Ann P.\nSUbject: RE: SC Johnson Special permit\nDavid,\nMike Nicks is the PHSMA Special Permits Officer that advised us of the below interpretation. Kenny Herzog is out of the\noffice today.\nMike is in agreement with our conclusion.\nMike noted that pursuant to the definitions under 171.8, the \"package\" authorized in this case is the \"container\" (the\naerosol can) plus the hazmat. He further stated that if PHMSA, through the SP, wanted the outside packaging to be\nmarked with the SP number, then the agency could have expressly required this with clear language to this effect. For\nexample, PHMSA could have stated in the SP that the container and the outside packaging must be marked with the SP\nnumber.\nIn addition he added that it is important to note that the purpose of the SP is to authorize a specific construction of a\ncontainer or package - the aerosol can - that deviates from the HMR. The purpose of the SP is not to allow for some\nfundamentally different way of over packing, or provide outer packaging for, a shipment of a hazmat. Thus, the\nfunctionality of listing the SP number (on the aerosol can) is to alert users/offerers/others that this package has been\nconstructed differently.\nHope this helps!\nGeorgia Barr\nTrade Compliance\nFrom: David Tobin [mailto:David.Tobin@safeway.com]\nSent: Friday, January 18, 2013 11:13 AM\nTo: Barr, Georgia\nCc: Gordon, Rob G.; Santos, Kimberly A.; Hall, Joseph L.; Wiley Jr, Clayton L.; Ceschin, Ann P.\nSUbject: RE: SC Johnson Special pennit\nThank you Georgia,\n3\n\n<<<PAGE 15>>>\n\nHowever the concern is the cases are not marked with DOT-SP 14887 per the regs. SC Johnson has taken a position that\nthis is not required, based on a phone call with PHMSA. However when we contacted PHMSA they did not come to that\nsame conclusion. And without a Letter of Interpretation stating an exception exists, we would require the cases be\nmarked with the SP number for us to be in compliance while shipping them.\nIf SC Johnson can provide the name at PHMSA with whom they had their conversation, Kenny Herzog at PHMSA with\nwhom I spoke would be willing to talk with them so that we can resolve this difference.\nThank you,\nDavid\nFrom: Barr, Georgia [majlto:GBarr@SCJ.COM]\nSent: Friday, January 18, 2013 8:00 AM\nTo: David Tobin\nCc: Gordon, Rob G.; Santos, Kimberly A.; Hall, Joseph L.; Wiley Jr, aayton L.; Barr, Georgia; Ceschin, Ann P.\nSubject: SC Johnson Special permit\nImportance: High\nDavid,\nDear David,\nIn response to your inquiry regarding the re-offer requirements for our special permit SP 14887, we will provide you the\nlist of codes you purchase from SC Johnson that are regulated under this special permit.\nI believe you mentioned you have a copy of the special permit but if needed please let me know or it can be found on the\nPHSMA website.\nThank you,\nGeorgia Barr\n\"Email Firewall\" made the following annotations.\nWarning: All e-mail sent to this address will be received by the corporate e-mail system, and is subject to archival\nand review by someone other than the recipient. This e-mail may contain proprietary information and is intended\nonly for the use of the intended recipient(s). If the reader of this message is not the intended recipient(s), you are\nnotified that you have received this message in error and that any review, dissemination, distribution or copying\nof this message is strictly prohibited. If you have received this message in error, please notify the sender\nimmediately.\n==-===================~======================~====-==-=---------=---=-----\n4","truncated":false,"body_characters":27848}