{"operation":"document","citation":"14-0210","title":"Brian Kurtz Trucking Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-11","effective_on":null,"summary":"14-0210 response to Brian Kurtz Trucking Ltd. concerning 171.12, 171.22, 171.23.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0210.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0210.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0210","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140210.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington DC 20590\n1200 New Jersey Avenue SE\nSafety Administration\nPipeline and Hazardous Materials\nMAR 1 1 2015\nMr. David Skater\nBrian Kurtz Trucking Ltd.\nRR#2, 6960 Speedvale Avenue West\nBreslau, Ontario NOB 1MO\nCanada\nRef. No. 14-0210\nDear Mr. Skater:\nThis responds to your October 29, 2014, email requesting clarification of shipping paper\nrequirements for North American shipments under the Hazardous Materials Regulations\nSeMence C the Ship 17 deser, Son on sly, iou apes shipmens origine ping in Canada\nand prepared in accordance with Canada's Transportation of Dangerous Goods Regulations\n(TDG Regulations).\nIn your letter, you state your driver was cited for having an improper shipping description\nsequence entered on the shipping paper. Specifically, the description was \"Extracts,\naromatic, liquid, Class 3, UN 1169, PG II\" and because the UN number was not listed first,\nthe driver was cited. However, it is your understanding that this is permitted because the\nHMR authorizes the use of the TDG Regulations under § 171.12(a); and the TDG\nRegulations prescribe the basic description with the proper shipping name listed first,\nfollowed by hazard class, UN number and packing group under Part 3; 3.5(1)(c).\nYour understanding is correct. Shipments of hazardous material originating from Canada.\nand offered for transportation by motor vehicle or rail in accordance with the TDG\nRegulations are authorized for transport by § 171.12(a)(1) provided the applicable\nrequirements in §§ 171.12, 171.22 and 171.23 are met. The requirements of Part 172 of the\nHMR do not apply to material transported according to the TDG Regulations. Thus, if the\nTDG Regulations provides the option of placing the proper shipping name first in the\nshipping description sequence, then it is also authorized under the HMR\nI hope this answers your inquiry. If you need additional assistance, please contact this\nOffice at 202-366-8553.\nSincerely,\nPith flate\nDírk Der Kinderen\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBootke\nGoodall, Shante CTR (PHMSA)\nWhipes Reposing,\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\n14-0210\nTo:\nWednesday, October 29, 2014 3:31 PM\nSubject:\nHazmat Interps\nFW: Hazmat Safety Feedback: Other\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nIt looks like Mr. Skater's address is:\nBrian Kurtz Trucking Ltd.\nRR# 2, 6960 Speedvale Avenue West\nBreslau, Ontario NOB 1MO\nCanada\n----Original Message-..-\nFrom: HMIS (PHMSA) •\nSent: Wednesday, October 29, 2014 12:28 PM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Hazmat Safety Feedback: Other\n----Original Message-----\nFrom: PHMSA Webmaster\nSent: Wednesday, October 29, 2014 9:40 AM\nTo: HMIS (PHMSA); PHMSA Webmaster\nSubject: Hazmat Safety Feedback: Other\nIs it possible to obtain a written interpretation on the following: I had a driver stopped with a shipment of Extracts,\nAromatic, Liquid, Class 3, UN# 1169, PG Ill and listed on the Bill of Lading in that order. Our driver was warned that the\norder was incorrect and not accepted in the USA. It is my understanding that the The Code of Federal Regulations\n171.12 permits us to transport this shipment under guidelines of Transport Canada Clear Language Regulation. Under\nClear Language regulation shippers have the option of (on documentation) putting the ship[ping name first? (shipping\nname, class UN number, packing group) or UN number first (UN number, shipping name, class, packing group) This can\nbe found with Clear Language Regulation Part 3 3.5 Information on a Shipping Document. (7) Despite subparagraph\n(1)(c)(V), the UN number required in the description of each of the dangerous goods may be included in the shipping\ndocument before the shipping name.SOR/2005-216.\nThis is a very typical example of most shipments originating in Canada. I am need of something in writing to support me\neither when we get stopped or wrote up or to support me if I need to go to our customers and have them change the\nway they are completing their paperwork.\nName: David Skater\nOrganization: Brian Kurtz Trucking Ltd\nEmail: dskater@kurtztrucking.com\nPhone: 800-265-2835\n1\n\n<<<PAGE 3>>>\n\nFAX: 519-836-9396","truncated":false,"body_characters":4221}