{"operation":"document","citation":"23-0079","title":"Hazmat Safety Consulting, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-01-18","effective_on":null,"summary":"23-0079 response to Hazmat Safety Consulting, LLC concerning 172.102, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0079.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0079.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0079","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/78131/230079.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 18, 2024\nRyan Paquet\nHazmat Safety Consulting, LLC\n1765 Duke Street\nAlexandria, VA 22314\nReference No. 23-0079\nDear Mr. Paquet:\nThis letter is in response to your August 17, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to special provision\n(SP) B81 approval. Specifically, you seek clarification regarding the use of venting and pressure\nrelief devices (PRDs) for tank cars and cargo tanks.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a tank car manufacturer or tank car shipper is responsible for applying\nfor and receiving approval from the PHMSA Associate Administrator for Hazardous\nMaterial Safety, as required by § 172.102(c)(3), SP B81.\nA1. While a tank car manufacturer or a tank car shipper may apply for an SP B81 approval,\nultimately, it is the shipper’s responsibility to ensure that a hazardous material offered for\ntransportation is in an authorized packaging or container that has been manufactured,\nassembled, and marked in accordance with the HMR. Thus, it is the opinion of this Office\nthat the primary responsible party for ensuring a valid SP B81 approval is obtained prior\nto offering the tank car for transportation is the shipper of the tank car.\nSee § 173.22(a)(2)(i) through (v).\nQ2. You ask whether a PRD approved in accordance with SP B81 would be specific to a\ndesigned system or can the same approved PRD be used for either a tank car or cargo\ntank.\nA2. It is the opinion of this Office that venting and PRDs approved in accordance with\nSP B81 would be specific to a designed system for a tank car or cargo tank and not\ntransferrable for use on other tank cars or cargo tanks. Moreover, an approved PRD for a\nspecific system designated in the approval application could not be installed on a\ndifferent tank car or cargo tank that is not part of the application without prior approval\nfrom PHMSA’s Associate Administrator of the Office of Hazardous Material Safety.\n\n<<>>\n\nQ3. You ask whether there is a list of PRDs approved under SP B81 and—if so—can those\napproved PRDs be integrated into future designs without requesting approval from\nPHMSA’s Associate Administrator of the Office of Hazardous Material Safety.\nA3. The answer is no. There is no approved list of PRDs and vents authorized under SP B81,\nas each approved PRD and vent authorized for use is based on the specifics in an\napproval application submitted to PHMSA.\nQ4. You ask whether PHMSA agrees there is no requirement for a Competent Authority\nApproval (CAA) when shipping “UN2015, Hydrogen peroxide, stabilized or Hydrogen\nperoxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide, 5.1,\nPG I” internationally by vessel in accordance with the International Maritime Dangerous\nGoods (IMDG) Code. Specifically, if a United Nations (UN) portable tank complies with\nportable tank instruction “T9” of section 4.2.5.2.6 of the IMDG Code—which requires\n“normal” PRD requirements—then there is no associated CAA necessary.\nA4. There is not a requirement to obtain a CAA provided the shipment of “UN2015” satisfies\nthe requirements of the IMDG Code. A UN portable tank in compliance with the\nrequirements for “T9” and any additional requirements of Part 171 Subpart C—as\napplicable—would not be required to obtain a SP B81 approval for venting and pressure\nrelief devices in accordance with § 172.102(c)(3) as generally “B” code requirements do\nnot apply to UN portable tanks or IBCs.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n23-0079\nFrom: Foster, Glenn (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: B-81 Approval Questions\nDate: Thursday, August 24, 2023 10:58:38 AM\nAttachments: image001.png\nAlice,\nPlease have the inquiry from Ryan Paquet checked in as a request for a LOI and assigned to a\nSpecialist.\nThanks,\nGlenn\nFrom: Kelley, Shane (PHMSA) \nSent: Thursday, August 24, 2023 10:56 AM\nTo: Foster, Glenn (PHMSA) ; Nickels, Matthew (PHMSA)\n\nSubject: Fwd: B-81 Approval Questions\nGlenn\nPlease have these questions routed as a formal interp request.\nThanks\nFrom: Ryan Paquet \nSent: Thursday, August 24, 2023 10:47:26 AM\nTo: Kelley, Shane (PHMSA) ; Burger, Donald (PHMSA)\n\nSubject: RE: B-81 Approval Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nThat would be great, thank you.\nStay safe!\nRyan F Paquet, PG\nVice President\nHazmat Safety Consulting\n1-401-222-0412 Cell\nwww.hazmatsafety.com\nwww.medicaldevicetransport.com\n\n<<>>\n\nCONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which\nit is addressed and may contain information that is privileged and confidential. If the reader of this message\nis not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this\ninformation is strictly prohibited. If you have received this transmission in error, please notify us immediately\nby telephone and delete the original message.\nFrom: Kelley, Shane (PHMSA) \nSent: Thursday, August 24, 2023 10:45 AM\nTo: Ryan Paquet ; Burger, Donald (PHMSA) \nSubject: Re: B-81 Approval Questions\nYes sorry exceeds our ability to manage informally - I can however forward your below email as a\nrequest for interpretation to get it into the queue and save you that step if you would like us to do\nso.\nFrom: Ryan Paquet \nSent: Wednesday, August 23, 2023 1:27:51 PM\nTo: Burger, Donald (PHMSA) \nCc: Kelley, Shane (PHMSA) \nSubject: RE: B-81 Approval Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDoes that mean that none of these questions can be answered unofficially?\nI didn’t intend for these to be controversial questions, I truly thought that these were more\npolicy-based than technical in nature.\nI will get in queue with a letter of interpretation as soon as possible.\nStay safe!\nRyan F Paquet, PG\nVice President\nHazmat Safety Consulting\n1-401-222-0412 Cell\nwww.hazmatsafety.com\nwww.medicaldevicetransport.com\n\n<<>>\n\nCONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which\nit is addressed and may contain information that is privileged and confidential. If the reader of this message\nis not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this\ninformation is strictly prohibited. If you have received this transmission in error, please notify us immediately\nby telephone and delete the original message.\nFrom: Burger, Donald (PHMSA) \nSent: Wednesday, August 23, 2023 1:15 PM\nTo: Ryan Paquet \nCc: Majors, Leonard (PHMSA) ; Kelley, Shane (PHMSA)\n; Freeman, Cheryl (PHMSA) \nSubject: RE: B-81 Approval Questions\nRyan,\nThese questions will require research and collaboration for PHMSA to answer properly. It would be\nbest if you were to submit a request for a letter of interpretation for us to provide you with the\nresponses.\nI hope this is helpful.\nThanks,\nDon Burger (he/him/his)\nChief, General Approvals and Permits Branch\nOffice of Hazardous Materials Safety\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., Washington D.C., 20590\nOffice: 202-366-4535 ◊ Mobile: 202-280-9908\nFrom: Ryan Paquet \nSent: Thursday, August 17, 2023 11:24 AM\nTo: Majors, Leonard (PHMSA) \nCc: Burger, Donald (PHMSA) \nSubject: B-81 Approval Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nGood morning gentlemen,\n\n<<>>\n\nI have a few questions pertaining to B-81 Approvals for PREDS on tank cars and cargo tanks.\n1. Should a B-81 approval be applied for by the tank manufacturer or the shipper?\n2. If a company has a B-81 approval for a PRD, is that specific to a system or can the same\nB-81 Approved PRD be used for a Cargo Tank and a Tank Car?\n3. Is there a listing of B-81 approved PRDs? If so, can those be integrated into future\ndesigns without requesting a new approval?\n4. For international transport of UN2015, the IMDG Code requires T9 compliant tank,\nwhich in ¶4.2.5.2.6 calls for “normal” PRD provisions, which appears to mean that there\nis not a requirement for Competent Authority Approval for the PRD, would you agree?\nThanks again gentlemen,\nStay safe!\nRyan F Paquet, PG\nVice President\nHazmat Safety Consulting\n1-401-222-0412 Cell\nwww.hazmatsafety.com\nwww.medicaldevicetransport.com\nCONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which\nit is addressed and may contain information that is privileged and confidential. If the reader of this message\nis not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this\ninformation is strictly prohibited. If you have received this transmission in error, please notify us immediately\nby telephone and delete the original message.","truncated":false,"body_characters":9998}