ATK — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration APR 22 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Christopher J. Widman ATK 7480 Flying Cloud Drive Minneapolis, MN 55344 Ref. No.1 0-0053 Dear Mr. Widman: This responds to your March 3, 2010 request for clarification ofrequirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180.) applicable to the shipper certification. Specifically, you ask for clarification of § 172.204(a)(1) and our interpretation (Ref. No. 06-0053, dated April 11, 2006) regarding using abbreviations in the certification statement. In the letter you reference, we state: "The certification statement specified in § I 72.204(a)(1 ) must be written as specified and may not be modified. Therefore, use ofthe abbreviation 'DOT' in lieu of'Department of Transportation' in the shipper's certification statement is unacceptable." You note that the HMR define "DOT" to mean "the Department of Transportation" and ask why the abbreviation may not be used in the certification statement. Section 172.204 requires a shipper to certify that a hazardous material is offered for transportation in accordance with the HMR using the certification statement in paragraph (a)(l) of that section. The certification is the shipper's legally binding statement of compliance. For clarity and consistency, the certification must appear on the shipping paper exactly as it appears in § 172.204(a)(1) or (a)(2). Use of the abbreviation "DOT" in lieu of "Department of Transportation" in the shipper's certification statement is unacceptable. I hope this answers your inquiry. If you need additional assistance, please contact this Office. Charles E. Betts Chief, Standards Development ffice ofHazardous Materials Standards#

Page 2~: ~ , ,.t. , , "'-"" ""~<1:;;~~'''",,_;;'''''",:''-V'':;,''. ~{", "~~~";:~'''4I .. ",,'i, ,,~ ___ {~«.., ~".~'"~q,,, " ~,_",~t~. , J: ___ "'": '~:J:~",,~ '"~"'", '; "",'" ~"":""" ~ 6¥i.'~NJ __,~);;_~:;"'___ ~ ArK ~()~~ 7480 Flying Cloud Drive Minneapolis, MN 55344 ·3720 www.atk.com ~ J1Z . 204 ~ hipp',nj -Pa.pers 3 March 2010 ~o-Dc~3 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Ave, SE Washington, DC 20590-0001 Dear Standards: Alliant Techsystems Inc. (ATK) is requesting an interpretation of 49 CFR §172.204 (1) Titled Shippers Certification & PHMSA Interpretation #06-0053; published on April 11th 2006. ATK wishes to clarify your ruling that a shipper may not use the abbreviation DOT in the certification statement on a shipping paper. Your #-6-0053 interpretation states: The certification statement specified in § 172.204(a) (1) must be written as specified and may not be modified. Therefore, use of the abbreviation "DOT" in lieu of "Department of Transportation" in the shipper's certification statement is unacceptable. §171.8 Definitions The HMR definition of DOT as currently contained in §171.8 is: DOT or Department means U.S. Department of Transportation Q1: Why does the HMR define DOT as Department of Transportation yet not authorize the use of the abbreviation DOT as part of the shippers' certification? If you have any questions regarding the above request, please contact me at (952) 351-5506, or by email atchristopher.widman@atk.com. Thank you for taking the time and resources to review. Sincerely, Christopher J. Widman Corporate DOT Haz Mat Transportation SpeCialist#