Action Unlimited Resources, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration JUL 2 1 2004 Mr. M.A. Pinto Action Unlimited Resources, Inc. Ref. No. 04-0156 230 Quigley Blvd. New Castle, Delaware 19720-4106 Dear Mr. Pinto: This responds to your May 21, 2004, letter requesting clarification on the retention of shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may combine hazardous and non-hazardous materials in a single shipping document and if you may retain copies on a computer. The answer to both questions is yes. Section 172.201(a)(1) authorizes hazardous and non- hazardous materials to be described on the same shipping paper provided that the hazardous materials: (1) the hazardous material is entered first; (2) entered in a color that clearly contrasts with any description on the shipping paper of a non-hazardous material; or (3) identified by the entry of an "X" placed before the proper shipping name in a column captioned "HM." The "X" may be replaced by "RQ", if appropriate. You may retain your shipping papers with entries for both hazardous and non-hazardous materials electronically, if a hard copy is provided to an authorized representative upon request. A separate document is not required; however, a separate document, such as a daily inventory/shipping receipt, may be retained when using a "permanent" shipping paper, as provided under § 172.201(e). I hope this answers your inquiry. 172.201 040156#

Page 2Jun. 3. 2004 11:51AM No. 3457 P. 2 Boothe ACTION UNLIMITED RESOURCES, INC. 230 QUIGLEY BLVD. $172.201 NEW CASTLE, DELAWARE 19720-4106 FAX TRANSMISSION Shipping Pappers May 21, 2004 04-0154 Fax: E-mail: Actionpnc@aol.com (302)-323-1442 TO: U.S. Department Of Transportation Office of Hazardous Materials Enforcement Research and Special Programs Administratior 820 Bear Tavern Road, Suite 306 West Trenton, NJ 08628 SUBJECT: Disposition of Shipping Papers ATTN: To Whom It May Concern Kindly assist our firm. We have questions and request clarification of these concerns. Your assistance will be greatly appreciated. 1. Our firm proposes to utilize our shipping papers as a combination or both shipping papers and invoices containing all materials shipped, both hazardous materials and all non-hazardous. 2. Also, may we retain these shipping papers/invoices of all materials shipped in our firms' computers instead of paper copies? Thus, we would be able to retrieve this documentation upon request. NOTE: The above request would greatly reduce the volume of paper work required under Subpart C - Shipping Papers, Item 172.201, (e). all hazardous materials shipped in a separate format to satisfy 172.201. 3. If the above system of retainage is not acceptable, may we provide a written copy of Kindly advise if the above proposed system (#'s 1 & 2) does, in fact, satisfy the DOT requirements of 172.201 (e); or is # 3 required Kindly reply by E-mail or fax at your convenience. Thank you. _Q. Finto M. A. Pinto Consultant#