Dangerous Goods Declaration, Inc., and DGD Transport, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DEC - 2 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Luis Lopez President Dangerous Goods Declaration, Inc., and DGD Transport, Inc. 2030 NW 95th Street Miami, FL 33147 Reference No. 10-0036 Dear Mr. Lopez: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask whether a hazardous materials shipment offered or intended for transportation by aircraft that contains more than one package must use the plural form to describe the type of package in a shipping description on a shipping paper. You further ask whether the package type can be expressed in singular form if the correct number of packages is provided in the description. In addition, you note that § 172.202(a)(7) states that abbreviations may be used to indicate a packaging type. We apologize for the delay in responding to your inquiry and any inconvenience this may have caused. ... .. The answer is yes. If more than one package is included in the shipping description and the number and types of packages in a description are correct, the type of package may be expressed in singular form (e.g., 12 box or 4 cylinder). Section 172.202(a)(7) requires that a package's "number" and "type" be indicated in a shipping description, and provides examples in parentheses of both the singular and plural form of a package type (e.g., cyl., cylinder, and 12 drums), but does not require that the package type be expressed in plural form. This is consistent with § 171.9, Rules of Construction, which states "[w]ords imparting the singular include the plural ... " I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) ~dmon~on ~ ('12. 2.02 ('1J ~h;Pf b'~ rapeC5 From: INFOCNTR (PHMSA) Sent: Friday, February 19, 2010 8:34 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Formal Letter of Interpretation Request from Luis Lopez DGD Inc, Case Reference # (7864494020) Carolyn, Thanks, Rob Attached is another request for written interpretation From: Luis Lopez [mailto:luis.lopez@dgdeclaration.com] Sent: Thursday, February 18, 2010 7:39 PM To: INFOCNTR (PHMSA) Cc: michael,lissandrello@chemetall.com; gregg.sanko@chemetall.com; barry.dance@chemetall.com; rodrigo.esau@kuehne-nagel.com; Maas, Philipp / Kuehne + Nagel/Mia FA Subject: Formal Letter of Interpretation Request from Luis Lopez DGD Inc. case Reference # (7864494020) Good Afternoon, I would like to request in writing a Letter of Interpretation for clarification of a specific regulation that is becoming an issue locally in our Miami, Florida office operation. We are having issues tendering cargo by Air Freight to certain Operators, the Operators are stating that on the Dangerous Goods Declaration if a package consists of IImore than one" package the plural form of the description IImust be used". We have been having this issue for a numerous amount of shipments so to prevent operator rejection we have asked our Suppliers to please provide the plural form of the description when multiple boxes are being declared. For Example: if we are shipping UN1263, Paint, PG II and we are shipping "10" (4G) Fiberboard I(~l~s, on the declaration the word IIboxes" must be used not the word "box". Some more examples In 49 CFR 172.202(7) its states the following: must be indicated. ],@4tl!,~~;gflffatk~ge'$;,,~;~[~~~~h~h<lI~~t1C1tW Indication of the packaging specification number("lHl")may be included in the description ofthe package(for example," 12" IHI drums or "12" Drums 1#

Page 3(UN1A1)"). Abbreviations may be used for indicating packaging types(for example "cyl. For "cylinder") provided the abbreviations are commonly used and recognizable. In regards to 172.202(7} this statement could be interpreted as unclear or maybe not to exact, clarification on this regulation would alleviate a potential issue. We are having problems expressing this information to our suppliers without them filing complaints stating that this is not mandated in the lATA Regulations and that there is no need to input the plural form. Our answer to that statement is that lATA is not a government agency nor does lATA have the exact and precise statements found in 49 CFR 10S-180. We have been able to find more specific information in 49 CFR more specifically 172.202(7) that can make the operators refusal valid. We have also spoken with the National HazMat Response Line about this matter and the inspectors have also referenced 172.202(7). We are simply trying to find a common ground between the suppliers needs and the Federal Government and the Operators requirements, and we believe with this LOI we will be able to come to a final conclusion. Thank you very much for all your help and your response is greatly appreciated. Best Regards, Luis Lopez President Dangerous Goods Declaration Inc. and DGD Transport Inc. {(Servicing all your Hazardous Material Transportation Needs" & All Drayage / Cartage Services Miami/ LAX Offices (v): 1-888-219-4544 (v):1-888-219-4299 (Emergencies): 1-877-590-6738 Dia/"O" (f):786-999-8893 Luis Lopez's Direct Extension: 703 www.dgdeclaration.com DGD Transport is a Bonded Common Carrier(Firm Code M734) and Bonded Warehouse (Firm CodeM749) ask a representative today about these "NEW" services! "All business transactions are exclusively provided on Dangerous Goods Declaration Inc. Terms and Conditions of Service" • The information contained in this electronic mail message is privileged and confidential intended only for the individual or entity named above. 2#

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