{"operation":"document","citation":"10-0036","title":"Dangerous Goods Declaration, Inc., and DGD Transport, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-02","effective_on":null,"summary":"10-0036 response to Dangerous Goods Declaration, Inc., and DGD Transport, Inc. concerning 171.9, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100036.pdf","body":"<<>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nDEC - 2 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Luis Lopez\nPresident\nDangerous Goods Declaration, Inc.,\nand DGD Transport, Inc.\n2030 NW 95th Street\nMiami, FL 33147\nReference No. 10-0036\nDear Mr. Lopez:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask whether a\nhazardous materials shipment offered or intended for transportation by aircraft that contains more\nthan one package must use the plural form to describe the type of package in a shipping\ndescription on a shipping paper. You further ask whether the package type can be expressed in\nsingular form if the correct number of packages is provided in the description. In addition, you\nnote that § 172.202(a)(7) states that abbreviations may be used to indicate a packaging type. We\napologize for the delay in responding to your inquiry and any inconvenience this may have\ncaused. ... ..\nThe answer is yes. If more than one package is included in the shipping description and the\nnumber and types of packages in a description are correct, the type of package may be expressed\nin singular form (e.g., 12 box or 4 cylinder). Section 172.202(a)(7) requires that a package's\n\"number\" and \"type\" be indicated in a shipping description, and provides examples in\nparentheses of both the singular and plural form of a package type (e.g., cyl., cylinder, and 12\ndrums), but does not require that the package type be expressed in plural form. This is consistent\nwith § 171.9, Rules of Construction, which states \"[w]ords imparting the singular include the\nplural ... \"\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\n~dmon~on\n~ ('12. 2.02 ('1J\n~h;Pf b'~ rapeC5\nFrom: INFOCNTR (PHMSA)\nSent: Friday, February 19, 2010 8:34 AM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Formal Letter of Interpretation Request from Luis Lopez DGD Inc, Case Reference #\n(7864494020)\nCarolyn,\nThanks,\nRob\nAttached is another request for written interpretation\nFrom: Luis Lopez [mailto:luis.lopez@dgdeclaration.com]\nSent: Thursday, February 18, 2010 7:39 PM\nTo: INFOCNTR (PHMSA)\nCc: michael,lissandrello@chemetall.com; gregg.sanko@chemetall.com; barry.dance@chemetall.com;\nrodrigo.esau@kuehne-nagel.com; Maas, Philipp / Kuehne + Nagel/Mia FA\nSubject: Formal Letter of Interpretation Request from Luis Lopez DGD Inc. case Reference # (7864494020)\nGood Afternoon,\nI would like to request in writing a Letter of Interpretation for clarification of a specific regulation that is\nbecoming an issue locally in our Miami, Florida office operation. We are having issues tendering cargo by Air\nFreight to certain Operators, the Operators are stating that on the Dangerous Goods Declaration if a package\nconsists of IImore than one\" package the plural form of the description IImust be used\". We have been having\nthis issue for a numerous amount of shipments so to prevent operator rejection we have asked our Suppliers\nto please provide the plural form of the description when multiple boxes are being declared.\nFor Example:\nif we are shipping UN1263, Paint, PG II and we are shipping \"10\" (4G) Fiberboard I(~l~s, on the declaration\nthe word IIboxes\" must be used not the word \"box\".\nSome more examples\nIn 49 CFR 172.202(7) its states the following:\nmust be indicated. ],@4tl!,~~;gflffatk~ge'$;,,~;~[~~~~h~h>>\n\n(UN1A1)\"). Abbreviations may be used for indicating packaging types(for example \"cyl. For \"cylinder\")\nprovided the abbreviations are commonly used and recognizable.\nIn regards to 172.202(7} this statement could be interpreted as unclear or maybe not to exact, clarification on\nthis regulation would alleviate a potential issue.\nWe are having problems expressing this information to our suppliers without them filing complaints stating\nthat this is not mandated in the lATA Regulations and that there is no need to input the plural form.\nOur answer to that statement is that lATA is not a government agency nor does lATA have the exact and\nprecise statements found in 49 CFR 10S-180. We have been able to find more specific information in 49 CFR\nmore specifically 172.202(7) that can make the operators refusal valid. We have also spoken with the National\nHazMat Response Line about this matter and the inspectors have also referenced 172.202(7).\nWe are simply trying to find a common ground between the suppliers needs and the Federal Government and\nthe Operators requirements, and we believe with this LOI we will be able to come to a final conclusion.\nThank you very much for all your help and your response is greatly appreciated.\nBest Regards,\nLuis Lopez\nPresident\nDangerous Goods Declaration Inc. and DGD Transport Inc.\n{(Servicing all your Hazardous Material Transportation Needs\" & All Drayage / Cartage Services\nMiami/ LAX Offices\n(v): 1-888-219-4544 (v):1-888-219-4299 (Emergencies): 1-877-590-6738 Dia/\"O\"\n(f):786-999-8893\nLuis Lopez's Direct Extension: 703\nwww.dgdeclaration.com\nDGD Transport is a Bonded Common Carrier(Firm Code M734) and Bonded Warehouse\n(Firm CodeM749) ask a representative today about these \"NEW\" services!\n\"All business transactions are exclusively provided on Dangerous Goods Declaration Inc. Terms and\nConditions of Service\" •\nThe information contained in this electronic mail message is privileged and confidential intended only for\nthe individual or entity named above.\n2\n\n<<>>\n\nIf the reader of this message is not the intended recipient you are hereby notified that any dissemination,\ndistribution, or copying of this communication is strictly prohibited. If you have received this\ncommunication in error, please immediately notify us by telephone or electronic mail and return the\noriginal message to us.\n3","truncated":false,"body_characters":6130}