Brian Kurtz Trucking Ltd. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington DC 20590 1200 New Jersey Avenue SE Safety Administration Pipeline and Hazardous Materials MAR 1 1 2015 Mr. David Skater Brian Kurtz Trucking Ltd. RR#2, 6960 Speedvale Avenue West Breslau, Ontario NOB 1MO Canada Ref. No. 14-0210 Dear Mr. Skater: This responds to your October 29, 2014, email requesting clarification of shipping paper requirements for North American shipments under the Hazardous Materials Regulations SeMence C the Ship 17 deser, Son on sly, iou apes shipmens origine ping in Canada and prepared in accordance with Canada's Transportation of Dangerous Goods Regulations (TDG Regulations). In your letter, you state your driver was cited for having an improper shipping description sequence entered on the shipping paper. Specifically, the description was "Extracts, aromatic, liquid, Class 3, UN 1169, PG II" and because the UN number was not listed first, the driver was cited. However, it is your understanding that this is permitted because the HMR authorizes the use of the TDG Regulations under § 171.12(a); and the TDG Regulations prescribe the basic description with the proper shipping name listed first, followed by hazard class, UN number and packing group under Part 3; 3.5(1)(c). Your understanding is correct. Shipments of hazardous material originating from Canada. and offered for transportation by motor vehicle or rail in accordance with the TDG Regulations are authorized for transport by § 171.12(a)(1) provided the applicable requirements in §§ 171.12, 171.22 and 171.23 are met. The requirements of Part 172 of the HMR do not apply to material transported according to the TDG Regulations. Thus, if the TDG Regulations provides the option of placing the proper shipping name first in the shipping description sequence, then it is also authorized under the HMR I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Sincerely, Pith flate Dírk Der Kinderen Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Bootke Goodall, Shante CTR (PHMSA) Whipes Reposing, From: Sent: Ciccarone, Michael CTR (PHMSA) 14-0210 To: Wednesday, October 29, 2014 3:31 PM Subject: Hazmat Interps FW: Hazmat Safety Feedback: Other Shante/Alice, Please submit this for a formal letter of interpretation. It looks like Mr. Skater's address is: Brian Kurtz Trucking Ltd. RR# 2, 6960 Speedvale Avenue West Breslau, Ontario NOB 1MO Canada ----Original Message-..- From: HMIS (PHMSA) • Sent: Wednesday, October 29, 2014 12:28 PM To: INFOCNTR (PHMSA) Subject: FW: Hazmat Safety Feedback: Other ----Original Message----- From: PHMSA Webmaster Sent: Wednesday, October 29, 2014 9:40 AM To: HMIS (PHMSA); PHMSA Webmaster Subject: Hazmat Safety Feedback: Other Is it possible to obtain a written interpretation on the following: I had a driver stopped with a shipment of Extracts, Aromatic, Liquid, Class 3, UN# 1169, PG Ill and listed on the Bill of Lading in that order. Our driver was warned that the order was incorrect and not accepted in the USA. It is my understanding that the The Code of Federal Regulations 171.12 permits us to transport this shipment under guidelines of Transport Canada Clear Language Regulation. Under Clear Language regulation shippers have the option of (on documentation) putting the ship[ping name first? (shipping name, class UN number, packing group) or UN number first (UN number, shipping name, class, packing group) This can be found with Clear Language Regulation Part 3 3.5 Information on a Shipping Document. (7) Despite subparagraph (1)(c)(V), the UN number required in the description of each of the dangerous goods may be included in the shipping document before the shipping name.SOR/2005-216. This is a very typical example of most shipments originating in Canada. I am need of something in writing to support me either when we get stopped or wrote up or to support me if I need to go to our customers and have them change the way they are completing their paperwork. Name: David Skater Organization: Brian Kurtz Trucking Ltd Email: dskater@kurtztrucking.com Phone: 800-265-2835 1#

Page 3FAX: 519-836-9396#