June 11, 1999

Mr. Frits Wybenga
International Standards Coordinator
Office of Hazardous Materials Safety
Research and Special Programs Administration
US Department of Transportation
400 7th Street S.W.
Washington, D.C. 20590

Dear Frits:

In accordance with your request, the Hazardous Materials Advisory Council is developing a list of exceptions currently available in the HMR that industry would want to have carried into the proposed North American Dangerous Goods Model Standards. We also will attempt to identify from the Canadian TDGR those permits of importance to industry after the Clear Language edition of the TDGR is issued.

For the next meeting of the LTSS 6, you requested that we identify a few exceptions as examples for your discussions. We have chosen the following for your consideration:

1. Paragraphs 173.120(b)(2) and 173.150(f)(1-4) taken together are known as the "Combustible Liquid" exception. This exception permits a number of products, such as certain paints, to be transported and sold in a package which makes the product convenient to use.
    
2. Paragraph 172.504(b), the "Dangerous" placard exception, allows LTL carriers to pick up small shipments of dangerous goods/hazardous materials at successive shippers' locations without having to change placards at each stop.
    
3. Paragraph 173.320(a), the "Cryogenic" exception, allows certain cryogenic gases to transit tunnels which otherwise forbid passage by transport containers which require placarding.
    
4. Special Provision 24 of 172.102(c)(1) associated with the PSN's "Alcoholic beverages" and "Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol solutions" requires PG II or III assignment to these materials shipped in concentrations of >70 percent and > 24 but <70 percent respectively. It has been established through testing that distilled spirits mixtures have flashpoints that place them in PG II or III according to the above percent composition. Use of the exception permits accurate classification without the need for each distiller to test his or her individual product.
    
5. Paragraph 173.6, the "Materials of Trade" exception, allows the transportation of relatively small quantities of hazardous materials by highway in support of a business other than commercial transportation with minimal regulatory requirements. This exception permits businesses to transport small quantities of materials to provide service or repairs without having to be trained, tested, certified and packaged under the full provisions of the HMR.
    
6. Paragraph 173.170 permits black powder for small arms to be reclassed from Division 1.1 to Division 4.1 for domestic transportation by highway, rail freight and vessel under certain conditions. This exception permits small package transportation services, such as UPS, to transport these materials.

We have noted that a large number of exceptions in 49 CFR apply to Class 1 materials. There is presently no reciprocity between the US and Canada on some important Class 1 exceptions. However, they are commercially important as well as having implications for the safe transport of hazardous materials. Since accommodating these exceptions is likely to require lengthy discussions, we encourage their early consideration in the Standards development process.

HMAC hopes these examples help to convey to Mexico and Canada the importance of allowing for flexibility in the regulations in order to gain the benefits the regulated community has obviously made use of from these and many other exceptions contained in 49 CFR. We believe it is clear from the incident records that the resulting efficiencies are achieved while maintaining an equivalent level of safety.

HMAC will continue to gather exceptions that, at a later time, we will request be included in the North American Dangerous Goods Model Standards. Please keep us informed of your timetable so we may provide you with that information in a timely fashion.

We're pleased to be of assistance on this important issue. If you would like to discuss any aspect of this matter further, please contact us at 202-289-4550.

Sincerely,

Jonathan Collom
President