[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53999-54000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22110]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2011-0162; Notice No. 11-7]


Safety Notice: Transportation of DOT Special Permit Packages in 
Commerce

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice.

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SUMMARY: In this safety notice, PHMSA is alerting the regulated 
community to the importance of adhering to Federal requirements when 
offering and transporting hazardous materials in DOT Special Permit 
(SP) packages. PHMSA is concerned that many persons who offer or 
transport SP packages fail to recognize the additional requirements 
applicable to filling, offering, and moving SP packages. By issuing 
this safety notice, PHMSA is attempting to raise awareness within the 
hazardous materials community of the inherent characteristics of DOT 
SPs and underscore the possible consequences of failing to recognize an 
SP package and react accordingly.

FOR FURTHER INFORMATION CONTACT: For questions regarding specifics on 
the cryogenic gas incident, please contact: Mr. John Heneghan, 
Director, Southern Region Office, Office of Hazardous Materials Safety, 
(404) 832-1135. For general questions regarding Special Permits, please 
contact: Mr. Ryan Paquet, Director, Approvals and Permits Division, 
Office of Hazardous Materials Safety, (202) 366-4512.

SUPPLEMENTARY INFORMATION: 

I. Background

    DOT SPs (previously known as DOT Exemptions) allow the SP grantee 
to perform some function contrary to, or in addition to, the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171-180). SPs may be used to 
allow an exemption from provisions of the HMR. SPs can also grant 
permission to third parties, i.e., persons who are not SP grantees or 
otherwise party to an SP, to receive, use, retest, or reship an SP 
package according to the requirements of the HMR and the additional 
requirements or exceptions described in the SP. SPs are commonly used 
to authorize: (i) Packaging construction standards that differ from a 
UN Standard or DOT Specification, (ii) alternative means of testing or 
closure, (iii) reuse of the packaging in general, (iv) alternative 
hazard communication requirements, (v) alternative segregation 
requirements, or (vi) transportation of forbidden materials.
    PHMSA's purpose in authorizing the use of SPs is to allow industry 
to benefit from alternative technologies, materials, and/or processes 
while maintaining a level of safety at least equal to the safety level 
required under the HMR. However, PHMSA wishes to emphasize that failure 
to comply with SP requirements can result in breakdowns in hazard 
communication, packaging failures, property damage, injury, loss of 
life and even catastrophic events.
    In many cases, maintaining an equivalent level of safety while 
pursuing alternatives to the normal requirements of the HMR will 
require additional safety measures. For example, consider the case of a 
DOT 3HT cylinder that has been manufactured and re-qualified for 
service under an SP to be used in a fire suppression system onboard an 
aircraft. The SP may require the cylinder to be tested more frequently 
and at a different test pressure than the HMR would otherwise require. 
If a cylinder re-qualifier fails to recognize the cylinder's SP 
markings and apply the more stringent SP requirements, it might wait 
too long to retest the cylinder or apply the wrong test pressure. These 
errors put lives and property at risk when defective cylinders are 
improperly tested and allowed to function as part of an emergency 
response system, such as a fire suppression system.
    Hazardous materials training is an important tool for ensuring 
proper hazard communication and compliance with SP and HMR 
requirements. Part of the training process involves learning to 
identify SP packages. Pursuant to the HMR, each SP package is required 
to be marked ``DOT-SP'' with a number identifying the SP associated 
with that package, unless specifically excepted by the SP. PHMSA 
expects trained employees to recognize SP packages and react 
accordingly by following the requirements of the HMR and the applicable 
SP. PHMSA recently concluded an investigation where a hazardous 
material shipper's failure to recognize an SP package and comply with 
the safety requirements of the applicable SP and HMR cost the lives of 
three transportation workers.

II. Current Regulatory Requirements

    The HMR specifies that persons may offer or transport packages 
authorized by DOT SPs under the terms specified therein and that if an 
SP contains requirements applicable to a carrier of an SP package, the 
offeror shall provide a copy of the SP to the respective carrier (see 
Sec.  173.22a), unless excepted by the SP. In addition to specific 
requirements contained in DOT SPs, the HMR includes requirements for 
hazard communication and handling of SP packages. SP packages must be:
     Plainly and durably marked ``DOT-SP'' followed by the SP 
number assigned (see Sec. Sec.  172.301(c) and 172.302(c)), unless 
excepted by the SP; and
     Accompanied by shipping papers bearing the notation ``DOT-
SP'' followed by the SP number assigned and clearly associated with the 
shipping description to which the SP applies (see Sec.  172.203(a)), 
unless excepted by the SP.

[[Page 54000]]

    Furthermore, under the training requirements in Sec.  
172.704(a)(2), each hazmat employee must be provided function-specific 
training concerning requirements of the HMR, and exemptions or special 
permits issued under subchapter A of Title 49 that are specifically 
applicable to the functions the employee performs.
    Non-compliance with SP package requirements has serious safety 
consequences. PHMSA seeks to encourage compliance by aggressively 
enforcing SP safety standards and increasing its awareness and outreach 
efforts.
    Accordingly, PHMSA is publishing this safety notice to further 
promote awareness of the ongoing safety concern and ensure that 
industry is aware of its responsibilities associated with the offering 
and transportation of hazardous materials in SP packaging, the current 
regulatory requirements applicable to such transportation, and that 
regulatory violations will be prosecuted to the maximum extent 
permitted under the law.
    Persons who violate the HMR may be subject to significant civil 
penalties and/or criminal fines and imprisonment. Maximum civil 
penalties may be imposed of up to $55,000 per violation or $110,000 per 
violation if a death, serious illness, or severe injury occurs to a 
person or substantial destruction of property. Potential criminal 
penalties include fines of up to $500,000 and/or ten years in jail.
    More detailed information on the requirements in the HMR governing 
the offering and transportation of SP packages is available on DOT's 
Hazmat Safety Web site: http://www.phmsa.dot.gov/hazmat. The HMR are 
also accessible through PHMSA's Web site, and answers to specific 
questions may be obtained from the Hazardous Materials Information 
Center at 1-800-467-4922 (in Washington, DC, call 202-366-4488).

III. Recommended Action

    PHMSA recommends that industry institute quality control measures 
to identify and properly handle DOT SP packages and packages containing 
hazardous materials in general:
    (1) Shippers and carriers should stress the importance of 
recognizing an SP package to their employees. The importance of 
recognizing an SP package should be given the same level of attention 
as when they determine whether a packaging specification meets a UN 
standard or DOT specification. This is especially important to those 
operations that re-ship packages.
    (2) Once a person has identified a DOT SP package, that person 
should obtain a current copy of the SP and review it for applicable 
requirements. Copies of SPs may be obtained from PHMSA's Web site at: 
http://phmsa.dot.gov/hazmat/regs/sp-a/special-permits. The person 
should also review the HMR requirements applicable to SP packages.
    (3) Shippers and carriers should evaluate hazardous materials 
training programs and communication protocols in their operations with 
respect to recognizing and handling SP packages to ensure that the 
subject is discussed and included during knowledge testing. Any person 
performing a function required by an SP or shipping an SP package is 
required to receive ``function-specific'' training of the requirements 
contained in each special permit.
    (4) Third-party hazardous materials or dangerous goods instructors, 
consultants, and others, should review their training programs to 
ensure that the subject of SP packages is discussed and included during 
knowledge testing.
    (5) Shippers should implement or review existing pre-shipment 
procedures to ensure that a particular packaging is prepared as 
authorized by an SP and/or the HMR and that all communication 
requirements have been met.
    These recommendations are not exclusive; we hope that industry 
representatives will use the information provided herein, together with 
any other available information, to consider other reasonable measures 
they believe appropriate to increase awareness of DOT SPs and their 
responsibility in the handling and transporting such packages.

    Issued in Washington, DC on August 24, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-22110 Filed 8-29-11; 8:45 am]
BILLING CODE 4910-60-P