The Lane Construction Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington. DC 20590 Materials Safety Pipeline and Hazardous Administration SEP 1 0 2U15 Ms. Michele A. Jacobs Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. Charlotte, NC 28214 Ref. No. 15-0121 Dear Ms. Jacobs: This responds to your email of June 16, 2015 requesting clarification on shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions have been paraphrased and answered as follows: Q1. Must a shipping paper that describes a shipment of diesel fuel in a cargo tank motor vehicle show the quantity transported in a specific unit of measurement such as gallons? Al. No. Under § 172.202(a)(5)(iii)(A), the HMR allow the total quantity of hazmat transported in a bulk package, such as in your scenario, to be described on the shipping paper by indicating the number and type of bulk package(s) (e.g., 1 cargo tank), rather than an applicable unit of measurement (e.g., gallons, liters). Q2. Must a shipping paper that describes a shipment of diesel fuel in a cargo tank motor vehicle include a "log" of the quantity dispensed from a cargo tank? A2. There is no requirement under the HMR to include a "log" of the quantity dispensed on a shipping paper used for multiple deliveries. However, if a driver picks up additional quantities of hazmat, which were not previously indicated on the shipping paper, the additional quantities must be added if the total quantity on the vehicle exceeds that indicated on the shipping papers. PHMSA understands, however, that using one shipping paper for multiple deliveries is not common practice for transport by cargo tank motor vehicle. For more information, please see enclosed Letter of Interpretation, Ref. No. 03-0247. Q3. Does the shipping paper that your company provided comply with the shipping paper requirements found in Part 172, Subpart C-Shipping Papers?#

Page 2A3. It is the opinion of this Office that the shipping paper provided satisfies the shipping paper requirements of the HMR. However, you may wish to consider making the emergency response telephone number information more "prominent," such as by highlighting, using a larger font or a font that is a different color from other text, or otherwise setting the information apart to provide for quick and easy recognition, as described in § 172.604. In addition, you may wish to modify the "Total Quantity" section of the shipping paper to read " _Cargo Tank(s)" instead of" Tank(s)" since this is more descriptive of your scenario and the exception referred to in § 172.202(a)(5)(iii)(A) specifically uses this language. I hope this answers your inquiry. If you need additional assistance, please contact this Office again. Sincerely, Dirk Der Kinderen Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Resko S172.202 Papers Shippina Dodd, Alice (PHMSA) 15-0124 From: Geller, Shelby CTR (PHMSA) Sent: To: Wednesday, June 17, 2015 4:26 PM Subject: Hazmat Interps FW: Request for formal review of Shipping Paper that it meets the regulations $172.202 Description of hazardous material on shipping papers. Attachments: Master Shipping Paper Diesel - as of May 2015.pdf; DSC03939.JPG; IMG_0298.jpg Dear Shante and Alice, Forwarded is a formal request for a letter of interpretation. Ms Jacobs spoke with Jordan Rivera in the HMIC. Thanks, Shelby From: Michele A. Jacobs [mailto:majacobs@laneconstruct.com] Sent: Tuesday, June 16, 2015 11:51 AM To: INFOCNTR (PHMSA) Subject: Request for formal review of Shipping Paper that it meets the regulations §172.202 Description of hazardous material on shipping papers. To Whom It May Concern: Please see attached document which is our Shipping Paper that we use for all of our service trucks which are placarded for diesel 1993. These service trucks fuel our construction equipment on our road construction projects. We have used this shipping paper for years with no problem. Over ten years ago we verified with the Hazardous Materials Information Center that this shipping paper met the regulations. The only change we have made is to update the shipping paper with our current USDOT Hazmat registration number at renewal time. At a recent roadside inspection an officer stated that we need to show gallons and a log showing the gallons dispensed. We would like a letter acknowledging that our shipping paper is correct should we have any future issues as this could adversely affect our Hazmat rating. At least 44 Hazmat roadside inspections have been conducted over the previous 24 month period with no violations related to the attached shipping paper being improper. We called the Hazardous Materials Information Center and they suggested I send a note to the info center in order to receive this in writing as they could not provide anything in writing. Thank you Note - Two pictures of straight trucks are attached - one type has several tanks on each truck (oil, antifreeze, etc.) and another has one tank containing diesel fuel. This is the only change made recently to include our renewal registration No. - U.S. DOT Hazmat Reg. No. 050115 550 016XZ Issued 05/01/2015 Expires 6/30/2018 Michele A. Jacobs LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 #: MAJacobs@LaneConstruct.com *: 704.395.3243 | #: 704.394.5354 | Cell: 704.201.1249 1#

Page 46 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values Note: This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its subsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. Thank You.#

Page 5Keep shipping paper on top or flag page per regulations. Keep package within immediate reach while restrained by the seatbelt. Best practice is to velco laminated shipping paper to driver's side door. HAZARDOUS MATERIAL SHIPPING PAPERS LANE The Lane Construction Corp. 90 Fieldstone Ct. Cheshire, CT 06410 (203) 235-3351 U.S. DOT Hazmat Reg. No. 050115 550 016XZ Issued 05/01/2015 Expires 6/30/2018 Product (Hazardous Material) Total Quantity NA 1993, Diesel fuel, Combustible liquid, PG III _ Tank (s) In case of emergency, call: Numbers 24 Hour Emergency Response Contact: must be (1993 Chemtrec # (800) 424-9300 3½" tall Use 4 placards and keep in EXCELLENT Back and Both Sides (right and left) of Hazmat condition and clearly visible - Place on Front, Vehicle. Certification (172.204) This is to certify that the above-named materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. signed: Michel a facoto Michele A. Jacobs - Corp. Safety and Fleet Manager#

Page 61993 STEALING#

Page 783166 OPERATED BY LANE USDOT 27918. 1993#