{"operation":"document","citation":"23-0081","title":"North American Transportation Consultants, INC. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-06-03","effective_on":null,"summary":"23-0081 response to North American Transportation Consultants, INC. concerning 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-06/230081.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 30, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJ.P. Gibbons\nNorth American Transportation Consultants, INC.\nP.O. Box 1440\nHightstown, NJ 08520\nReference No. 23-0081\nDear Mr. Gibbons:\nThis letter is in response to your November 21, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to approval and use\nof foreign-made international specification packaging. Specifically, you ask whether a U.S.\ndomiciled Designated Approval Agency (DAA) registered solely with PHMSA as prescribed in\n49 CFR Part 107 Subpart E may be approved by PHMSA to certify a portable tank—intended for\ninternational use only—that is designed and constructed to an international standard not\nauthorized by the HMR. You refer to portable tanks that incorporate fiber-reinforced plastics\n(FRP) as shells—where reinforcement fiber is one of carbon, glass, or other as permitted\nmaterials in the IMDG Code Chapter 6.10 —and ask whether an entity may be approved as a\nDAA to certify such a packaging like other third-party approval entities outside the U.S. even if\nthe packaging is not authorized for use in the U.S.\nThe answer is no. As a matter of approval program general policy, PHMSA does not approve an\nentity as a DAA to certify a packaging to a UN specification or other international standard for\npurposes of international use if that packaging is not also authorized for use in the U.S.\nFurthermore, PHMSA does not list FRP portable tanks as an authorized packaging, and they may\nonly be transported as prescribed in § 171.25.\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\nCardez\n23-0081\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter to Director - Request for Clarification of Dual Certification Packages\nDate: Monday, August 28, 2023 10:16:11 AM\nAttachments: PHMSA Request for Clarification_Dual Certification Packages.pdf\nHi Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything else.\nRegards,\n-Breanna\nFrom: Toni Sullivan \nSent: Thursday, August 24, 2023 4:22 PM\nTo: INFOCNTR (PHMSA) \nCc: JP Gibbons ; Executive Mail \nSubject: Letter to Director - Request for Clarification of Dual Certification Packages\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.\nDear Mr. Kelley:\nSee attached letter from my supervisor, J.P. Gibbons.\nOver the last few days, I have not had any success in faxing this to you which is why I am sending the\nletter via email.\nThank you very much for your assistance.\nToni Sullivan\nOffice Manager\nNATC, Inc.\nPO Box 1404\nHightstown, NJ 08520\nPhone: 609-426-0555\nFax: 609-443-0004\nEmail: tsullivan@natc-inc.com\n\n<<>>\n\nNATC\nAugust 14, 2023\nVia: Fax 202-366-7435\nDirector Shane Kelley\nStandards and Rulemaking\nUS DOT - PHMSA - (PHH-10)\n1200 New Jersey Ave. SE\nWashington, D.C. 20590\nRE: Request for Clarification of Dual Certification Packages\nDirector Kelley:\nSeveral issues have recently arisen requiring clarification of Dual Certification Specification\nPackages authorized for DOT regulated materials within the USA. The specific concern is for\npackaging which is certified to both a 49 CFR specification and an international specification\nstandard for transportation. The international standards include UN, IMDG, ADR, RID, TC, and\nare herein referred to as \"UN or other international standard\". It would be appreciated if you\ncould provide a letter clarifying the issues raised herein.\n49 CFR (HMR) is clear on who can certify compliance with DOT specification packaging. It is\nour understanding that any Inspection Agency (or Entity) granted approval by a Competent\nAuthority can provide approval and certification for international specification packaging\nmanufactured within or outside their country. Specifically the following questions are presented:\n1. If PHMSA authorizes an Inspection Agency, domiciled in the USA, to approve UN or\nother international standard packaging, that Agency can perform this function\nanywhere in the world. Is this correct?\n2. As long as the packaging complies with the UN or international standard, any\nInspection Agency which is registered and approved with PHMSA can issue an\napproval for manufacture and service of the certified packaging in any country\nparticipating in the Competent Authority Approval Program. Is that correct?\n3. If a UN or other international packaging standard is fully complied with, can a\nPHMSA approved Inspection Agency approve the packaging even if it is not\nauthorized for use in the USA but is used outside the USA?\n4. If a packaging is dual certified, meaning it is fully compliant under a DOT\nspecification or Special Permit, and also fully compliant under a UN or other\ninternational standard, (authorized in 49 CFR) it can be used as a specification\npackaging within or through the USA. Is this correct?\n5. If the UN or other international specification standard portion of the dual certification\nis not accepted in the USA, but the packaging is fully compliant with a DOT\nspecification or Special Permit, the packaging may still be used within the USA under\nthat that DOT specification or permit. Is this correct?\nNORTH AMERICAN TRANSPORTATION CONSULTANTS, INC.\nYour Total Transportation and Safety Consultants\nP.O. Box 1440 • Hightstown, NJ 08520 • 609-426-0555 • www.49CFR.com\n\n<<>>\n\n6. The approval process of a UN or other international specification standard is separate\nfrom the PHMSA authorization for use of the packaging within the USA. IS that\ncorrect?\n7. If 6 is correct PHMSA approved Inspection Agencies and Entities may approve\npackaging to UN or other international standards, even if the packagings is not\nallowed within the USA at this time if they comply with the UN or international\nspecification. Is this correct?\n8. The fact that PHMSA does not, at this time, allow for a specific type of UN or other\ninternational standard packagings, (which carry International Approval, elsewhere )to\nbe used in HazMat service within the USA does not preclude a PHMSA Approved\nInspection Agency or Entity from performing the inspection and approval function on\nsuch packaging, being manufactured and used outside the USA. Is that correct?\nThank you and your staff for the assistance in this matter. Let me know if there are any\nquestions or issues with this request for clarification of compliance with 49 CFR.\nSincerely,\nStille.\n. P. Gibbon\nPresident\nCc:\nPHMSA Guidance File\nHMR Training File","truncated":false,"body_characters":6938}