{"operation":"document","citation":"19-0015","title":"Bombardier Aerospace — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-08","effective_on":null,"summary":"19-0015 response to Bombardier Aerospace concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71976/190015.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG O 8 2019\nJeff Christafore\nDangerous Goods Compliance Specialist\nBombardier Aerospace\n2400 Aviation Way\nBridgeport, WV 26330\nReference No. 19-0015\nDear Mr. Christafore:\nThis letter is in response to your February 7, 2019, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the transportation of packages covered under DOT-SP 15146. Specifically, you ask\nfor clarification of party status requirements and the reoffering of packages shipped under DOT-\nSP 15146.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether a shipper must be granted party status to reoffer DOT-SP 15146\npackages that have been opened and repacked.\nAl. The answer is yes. Section 8(a) of DOT-SP 15146 stipulates that a person who is not a\nholder of the special permit may reoffer the package for transportation provided no\nmodification or change is made to the package. It is the opinion of this Office that in this\nexample modifying the \"package,\" as defined in§ 171.8, includes opening and/or\nrepacking the package.\nQ2. You ask whether \"package\" as referenced in section 8(a) means the inner aerosol\ncontainer or the \"packaging plus its contents,\" as defined in§ 171.8.\nA2. Section 8(a) refers to the \"package\" as defined in§ 171.8. The HMR define package as\n\"a packaging plus its contents.\" Therefore, in section 8(a) of DOT-SP 15146, the\n\"package\" refers to the strong outer packaging plus the inner aerosol containers.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<<PAGE 2>>>\n\n~-dd_,_A_li_ce ..... (P_H_M_s_A\n) _________________ /\n9 __ ..,0< _\n~\nV\n_\n_\n5 _ _,,, ___ _\n_\n11111111\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, February 07, 2019 2:26 PM\nHazmat Interps\nFW: Request Clarification / Interpretation for DOT-SP 15146\nHello Alice and lkeya,\nPlease see the information below for a letter of interpretation request.\nThanks,\nLynsie Patschke\nTransportation Regulatory Specialist\nHazardous Materials Information Center (HMIC)\nFrom: Jeff Christafore [mailto:jeff.christafore@aero.bombardier.com)\nSent: Thursday, February 07, 2019 10:27 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request Clarification/ Interpretation for DOT-SP 15146\nHi,\nI am looking for clarification concerning who is authorized to ship the containers covered under DOT-SP 15146 and I\nhave been unable to locate any existing interpretations that would help me.\nDuring recent research on this special permit I see that it appears to require party status to use it because of the\nmention of \"See Individual Authorization Letter'', but during my research I have discovered suppliers that are not\nincluded in the approvals for this special permit offering these containers for transport utilizing their packaging\nmaterials. In subsequent communication with one of those suppliers to try and understand why they were able to offer\nthe products authorized by this special permit for transport, it was mentioned that they had spoken with regulatory\npersonnel in the past and were informed that the mention of \"package\" in Section 8 is actually referring to the aerosol\ncontainers (packaging) that are authorized, instead of the package as defined in 171.8.\nSince Section 8 mentions that \"A person who is not a holder of this special permit who receives a package covered by\nthis special permit may reoffer it for transportation provided no modification or change is made to the package\", I am\nneeding clarification for what this is actually referring to. Is this referring to a package as defined in 171.8 or is this only\nreferring to changes to the aerosol containers (inner packagings) authorized by the special permit.\nCan you please inform me if companies that don't have party status to this special permit are authorized to reoffer them\nfor transport if they have opened the package (as defined in 171.8) to inspect them and then stock them on shelves\nwithout the outer packaging used to transport them?\nIn addition to the supplier I communicated with, I also spoke with representatives from the Hazmat Information Center\nand Special Permits and both of them informed me that without \"Party Status\" to the special permit, our facilities would\nnot be able to reoffer them for shipment. However, the person with special permits informed me they would research\nfurther, because they already had this special permit flagged for some reason.\n1\n\n<<<PAGE 3>>>\n\nSince this contradicts what I discovered during my resea rch, where suppliers that don't have \"Party Status\" are offering\nthem for transport under the terms of the special permit, I am requesting a formal letter of interpretation if this cannot\nbe answered definitively without one.\nThis is not a product that I believe we would need to offer for transport often, as it is generally consumed in house at\nour service centers, but we do have Mobile Repair teams that may utilize products covered under this special permit and\nmay need to be resupplied while they are out in the field .\nI would appreciate any assistance you can provide, so I can ensure our systems identify the correct transport\nrequirements for products authorized under DOT-SP 15146. Currently, I am advising our shippers that we cannot reoffer\nthis product for transport, because we don't have \"Party Status\", but I do not want to provide incorrect information and\nI want to ensure our shippers have the correct information surrounding the transport of these items.\nL GRANTE:E :\nDtn-SP 1514 6\n(FOURTH REVISION)\n!FOR RENEWA.L , SEE 49 CFR § 107.109)\n(See Individual Authorization Letter)\n8. SPECIAL PROVISIONS:\na. A person who is n ot a ho l der of this spec i al permit who\nreceives a package covered by t his special permit may\nreoffer it for transportation provided no modification or\nchange is made to the package and it is reoffered for\ntransportation in con f ormance with t h is special permit and\nthe HMR .\nRegards,\nJcff Christaforc\nDangerous Goods Compliance Specialist\nBombardier Aerospace\nOffice: +1 304-848-5202\nMobile: +1 304-975-4229\nInternal: 88725202\njeff.christafore@aero.bombardier.com\n2400 Aviation Way I Bridgeport I WV 26330 I USA I\nBOMBARDli ER\nCONFIDENTIALITY NOTICE - This communication may contain privileged or confidential information. If you are not the intended recipient or received this\ncommunication by error, please notify the sender and delete the message without copying , forwarding and/or disclosing it.\n2","truncated":false,"body_characters":6659}