Air Products and Chemicals, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs APR 19 2004 Administration Mr. Richard J. Lloyd Ref. No.:04-0021 7201 Hamilton Boulevard Air Products and Chemicals, Inc. Allentown, PA 18195-1501 Dear Mr. Lloyd: regarding the shippers's certification prescribed in 49 CFR 172.204 of the Hazardous Materials This responds to your letter of February 11, 2004, and your follow-up letter of March 30, 2004, Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether, on your company's behalf, a third-party carrier could perform the shipper's certification function on the shipping paper for the pick-up and transportation of hazardous materials containers being returned to your company's plant. You have customers whose primary business does not involve hazardous materials and, consequently, they will not issue or prepare shipping papers for the return shipment of empty containers with a residue of a hazardous material. Your company would supply the third-party residue are inspected by the driver and found to be in compliance, the carrier would sign the carrier you use for pick-up with an unsigned shipping paper. Once the empty containers with shipping paper certifying the material is offered for transportation in compliance with the HMR. You asked for confirmation that your understanding is correct that a third-party carrier may perform the shipper's certification function. Your understanding is correct. At your company's direction or through contractual arrangement, a third-party carrier may perform the functions of the offeror (shipper), such as signing the certification statement on a shipping paper to certify that an empty container with the residue of a hazardous material is being offered for transportation in accordance with the HMR. Under the HMR, any person performing functions of an offeror must take responsibility for performing those functions in compliance with the applicable rules. I hope this satisfy your inquiry. If we can be of further assistance, please contact us. Sincerely, 040021 §.172.204 (a)#

Page 2PRODUES L AR 7201 Hamilton Boulevard Air Products and Chemicals, Inc. Tel 610 481-4911 Allentown, PA 18195-1501 Engrum. 3172.204 (a) 11 February 2004 Shipping Papers 04-0021 Mr. Edward Mazzullo U.S. Department of Transportation Office of Hazardous Materials Standards DHM - 10 Research and Special Programs Administration 400 Seventh Street, S. W. Washington, D. C. 20590 Dear Mr. Mazzullo: Re: Interpretation 49 CFR 172.204 (a) Shipper's Certification Recently, we called the Hazardous Materials Information Center for an interpretation of the Shipper's Certification requirements specified in 49 CFR 172.204 (a). Specifically, we asked if function on our behalf for the pickup of hazardous materials containers being returned to our our company could authorize a third-party carrier to perform the shipper's certification offer's shipper's certification provided the person was properly trained in the Hazardous Materials plant. The Information Center representative advised us that a third-party carrier could sign the Regulations. We have some customers whose primary business does not involve hazardous materials and, residue material remaining in the container. Our nearest plant may be located a significant consequently, will not issue shipping papers for the return shipment of empty containers with distance from the customer and it is not practical to send a person from our plant to the customer's facility to sign the shipper's certification for the return shipment of the residue containers. Instead, we propose to provide the third-party carrier that we use for the pickup with Please confirm that our understanding of your interpretation of the Shipper's Certification requirements is correct allowing us to use a third-party carrier for the certification function. Sincerely, Manager Regulatory Compliance Richard J. Lloyd Rjl1036#