Valley Equipment Leasing — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 1200 New Jersey Avenue, SE Pipeline and Hazardous Administration Materials Safety JUL 2 9 2014 Mr. Mark Dhority Safety Manager Valley Equipment Leasing P.O. Box 16284 Denver, CO 80216 Reference No. 14-0131 Dear Mr. Dhority: This responds to your June 30, 2014 email and subsequent telephone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the emergency response telephone information provided on a shipping paper. You have provided a shipping paper and ask if it is compliant with § 172.201(d) with regard to identifying the person (by name or contract number) who has a contractual agreement with the service provider, as prescribed in in subpart G of part 172. You indicated during the telephone conversation that the emergency response telephone number entered on the shipping paper is for a third party emergency response information provider (ERI provider). The scenario on the provided shipping paper is restated as follows: The shipping paper is a "Poet Ethanol Products" bill of lading. "Yuma Ethanol, LLC" is shown in the Consignor field at the top of the form; "Ethanol Products, LLC" is shown in the Consignee field; "Phillips 66 Company" is shown in the Ship To/Credit Inventory To field; and "Valley Equipment Leasing Inc." is shown in the Carrier field. The emergency response telephone number is clearly provided at the bottom of the shipping paper. In accordance with subpart G of part 172 as specified in § 172.604(b)(2), the person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, unless the name or identifier is entered elsewhere in a prominent manner as provided in § 172.604(b)(1). Paragraph (b)(1) authorizes the name of the person registered with the ERI provider to be entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found.#

Page 2Provided it is "Yuma Ethanol, LLC that is registered with the ERI provider, the placement of "Yuma Ethanol, LLC" in the Consignor field at the top of the form is consistent with the requirement in §172.604(b)(1) in that it is prominent, readily identifiable, and clearly visible in the first field on the form. In addition, by satisfying subpart G, the shipping paper you provided would be in compliance with § 172.201(d). However, if one of the other parties indicated on the shipping paper is the person who is registered with the ERI provider, their name, or contract number or other unique identifier assigned by the ERI provider would need to be entered on the shipping paper immediately before, after, above, or below the emergency response telephone number. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, shaneched Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 3wiener 172. 201 (d) Dodd, Alice (PHMSA) Emergency Resporse 14-0131 From: INFOCNTR (PHMSA) Sent: To: Monday, June 30, 2014 2:45 PM Subject: Hazmat Interps FW: 49 CFR 172.201(d) Attachments: Poet Ethanol Products Shipping Paper.pdf This caller requested we submit this e-mail for a formal letter of interpretation. I previously spoke with him in the HMIC and provided interp letter 11-0152. Thanks, Victoria From: Mark D [mailto:Markd@valleyequipmentleasing.com] To: INFOCNTR (PHMSA) Sent: Monday, June 30, 2014 2:28 PM Subject: 49 CFR 172.201(d) Hello, I hope to get clarification on 49 CFR 172.201(d) namely if the attached BOL is compliant. I had a driver receive a like to get a letter of Interpretation specifically addressing this BOL. I need to know definitively if it is compliant or if it is violation stating that the Emergency Contact information did not meet the requirements of 49 CFR 172.201(d). I woul Thank you, Mark Dhority Safety Manager Valley Equipment Leasing 303-293-0077 Phone 303-293-3117 Fax markd@valleyequipmentleasing.com 303-905-8152 Cell#

Page 4Jun 251405:11p Pam Greene 970-568-3890 p.2 110047 POET ethanol products 3939 N. Webb Rd. Bill of Lading Phone: (316) 303-1380 Wichita, KS 67226 Fax: (316) 267-1071 No. 33850 CONSIGNOR: Yuma Ethanol, LLC FROM Yuma, CO HazMat Reg #: 062613553036VX Load Date: 6/25/2014 5:07:15 AM Shipping Order: 8151174 CONSIGNEE: Name: Ethanol Products. LLC Address: 3939 N. Webb Rd. Wichita, KS 67226 License #: 81-49416-0000 Customer PO: ETH14TP00001 SHIP TO/CREDIT INVENTORY TO: Name: Phillips 66 Company Place: Rocky Mtn Pipeline Terminal 2700 East Fifth Street City: Cheyenne, WY 82007 Gross Tank Volume: Tank 8433 Meter Ticket: 8,352 Gal 1724 UN1987, Alcohols, N.O.S., 3, Il Gross Gallons Shipped: 8,352 Net Gallons Shipped: 1 Cargo Tank 8,269 Temperature: 15.7 Deg. F. Carrier: Driver Name: Valley Equipment Leasing Inc. Signatare: Putatien in case of ACCIDENT OR EMERGENCY, CALL 1-800-633-8253 This is to certify that the above-named materials are properly classified, described, packaged, marked, labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Til it 81011/25#