Update Status of COSTHA Effort to have long standing exceptions for SP9275 incorporated into regulations.

We need your help! Please send us information on your experience shipping products under SP9275 .

Sample data that would be helpful –

Description of the items shipped – perfumery products,  beverages, foods, medicines.

• Maximum net quantity of liquid or solid in the package 

• Annual # of shipments (please identify year or the average for a specified period of years)

• # of reportable hazmat  incidents

Please provide information by COB Friday, September 16, 2011 to mail@costha.com

As we reported earlier, the US DOT Special Permit 9275 has been fully utilized by US industry for over 25 years. The permit allows the shipment of beverages, foods, cosmetics and medicines, medical screening solutions, and concentrates containing ethyl alcohol classed as a flammable liquid or as solids containing a flammable liquid containing ethyl alcohol without having to meet some of the more burdensome hazmat transportation regulations (e.g.  package markings).

On June 14, 2011 COSTHA submitted a petition, with testing data, requesting that the long standing exceptions be  incorporated into the regulations.

In mid June the US DOT provided permit holders with a show cause letter indicating that they were proposing to modify the Special Permit by adding requirements that the outer packagings be marked with the following hazard communication information:

• Company Name

• Contains ethyl alcohol, exempted quantity    

During this time some PHMSA personnel indicated to industry that the basis for the proposed requirement was to ensure safety in the air transportation system. COSTHA responded with a letter signed by 14 air carrier members indicating that extraneous marking such as those proposed by PHMSA would not improve safety. They further explained that the air transport network does not have a system in place to record or react to this type of markings. The air carriers also noted that literally billions of these small packages have traveled through their transportation system safely and without incident for over 25 years and that the exceptions should be incorporated into the regulations.

In the later part of August we received reports from companies that had requests for renewal on file with DOT that the renewals had been processed and received. However, the renewals stipulate that the following markings will be required effective September of 2012.

• Company Name

• The statement “Contains ethyl  alcohol”

PHMSA has not yet responded to COSTHA’s petition for reconsideration and we have initiated a legislative effort asking for support of our initiative based on the testing data. We have also drafted legislative language that, if adopted, would exempt shippers from the marking requirement.

COSTHA has requested a meeting with the US DOT to discuss this important issue but we need your product information to help make the case to the agency and to Congress.  

Please respond by next Friday September 16 - mail@costha.com.

Thank you,
Lara Currie
Administrator

COSTHA

7803 Hill House Court

Fairfax Station, VA 22039

Phone: 703/451-4031  Fax: 703/451-4207
mail@costha.com  www.costha.com