{"operation":"document","citation":"15-0121","title":"The Lane Construction Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-09-15","effective_on":null,"summary":"15-0121 response to The Lane Construction Corporation concerning 172.202, 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150121.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nSEP 1 0 2U15\nMs. Michele A. Jacobs\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd.\nCharlotte, NC 28214\nRef. No. 15-0121\nDear Ms. Jacobs:\nThis responds to your email of June 16, 2015 requesting clarification on shipping paper\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYour questions have been paraphrased and answered as follows:\nQ1.\nMust a shipping paper that describes a shipment of diesel fuel in a cargo tank motor\nvehicle show the quantity transported in a specific unit of measurement such as\ngallons?\nAl.\nNo. Under § 172.202(a)(5)(iii)(A), the HMR allow the total quantity of hazmat\ntransported in a bulk package, such as in your scenario, to be described on the shipping\npaper by indicating the number and type of bulk package(s) (e.g., 1 cargo tank), rather\nthan an applicable unit of measurement (e.g., gallons, liters).\nQ2.\nMust a shipping paper that describes a shipment of diesel fuel in a cargo tank motor\nvehicle include a \"log\" of the quantity dispensed from a cargo tank?\nA2.\nThere is no requirement under the HMR to include a \"log\" of the quantity dispensed\non a shipping paper used for multiple deliveries. However, if a driver picks up\nadditional quantities of hazmat, which were not previously indicated on the shipping\npaper, the additional quantities must be added if the total quantity on the vehicle\nexceeds that indicated on the shipping papers. PHMSA understands, however, that\nusing one shipping paper for multiple deliveries is not common practice for transport\nby cargo tank motor vehicle. For more information, please see enclosed Letter of\nInterpretation, Ref. No. 03-0247.\nQ3.\nDoes the shipping paper that your company provided comply with the shipping paper\nrequirements found in Part 172, Subpart C-Shipping Papers?\n\n<<>>\n\nA3.\nIt is the opinion of this Office that the shipping paper provided satisfies the shipping\npaper requirements of the HMR. However, you may wish to consider making the\nemergency response telephone number information more \"prominent,\" such as by\nhighlighting, using a larger font or a font that is a different color from other text, or\notherwise setting the information apart to provide for quick and easy recognition, as\ndescribed in § 172.604. In addition, you may wish to modify the \"Total Quantity\"\nsection of the shipping paper to read \"\n_Cargo Tank(s)\" instead of\" Tank(s)\"\nsince this is more descriptive of your scenario and the exception referred to in\n§ 172.202(a)(5)(iii)(A) specifically uses this language.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office\nagain.\nSincerely,\nDirk Der Kinderen\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nResko\nS172.202 Papers\nShippina\nDodd, Alice (PHMSA)\n15-0124\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nTo:\nWednesday, June 17, 2015 4:26 PM\nSubject:\nHazmat Interps\nFW: Request for formal review of Shipping Paper that it meets the regulations $172.202\nDescription of hazardous material on shipping papers.\nAttachments:\nMaster Shipping Paper Diesel - as of May 2015.pdf; DSC03939.JPG; IMG_0298.jpg\nDear Shante and Alice,\nForwarded is a formal request for a letter of interpretation. Ms Jacobs spoke with Jordan Rivera in the HMIC.\nThanks,\nShelby\nFrom: Michele A. Jacobs [mailto:majacobs@laneconstruct.com]\nSent: Tuesday, June 16, 2015 11:51 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for formal review of Shipping Paper that it meets the regulations §172.202 Description of hazardous\nmaterial on shipping papers.\nTo Whom It May Concern:\nPlease see attached document which is our Shipping Paper that we use for all of our service trucks which are placarded\nfor diesel 1993. These service trucks fuel our construction equipment on our road construction projects. We have used\nthis shipping paper for years with no problem. Over ten years ago we verified with the Hazardous Materials\nInformation Center that this shipping paper met the regulations. The only change we have made is to update the\nshipping paper with our current USDOT Hazmat registration number at renewal time. At a recent roadside inspection an\nofficer stated that we need to show gallons and a log showing the gallons dispensed. We would like a letter\nacknowledging that our shipping paper is correct should we have any future issues as this could adversely affect our\nHazmat rating. At least 44 Hazmat roadside inspections have been conducted over the previous 24 month period with\nno violations related to the attached shipping paper being improper. We called the Hazardous Materials Information\nCenter and they suggested I send a note to the info center in order to receive this in writing as they could not provide\nanything in writing. Thank you\nNote - Two pictures of straight trucks are attached - one type has several tanks on each truck (oil, antifreeze, etc.) and\nanother has one tank containing diesel fuel.\nThis is the only change made recently to include our renewal registration No. - U.S. DOT Hazmat Reg. No.\n050115 550 016XZ Issued 05/01/2015 Expires 6/30/2018\nMichele A. Jacobs\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\n#: MAJacobs@LaneConstruct.com\n*: 704.395.3243 | #: 704.394.5354 | Cell: 704.201.1249\n1\n\n<<>>\n\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nNote: This message is for the named person's use only. It may contain confidential, proprietary or legally\nprivileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you\nreceive this message in error, please immediately delete it and all copies of it from your system, destroy any\nhard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or\ncopy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its\nsubsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views\nexpressed in this message are those of the individual sender, except where the message states otherwise and the\nsender is authorized to state them to be the views of any such entity. Thank You.\n\n<<>>\n\nKeep shipping paper on top or flag page per regulations.\nKeep package within immediate reach while restrained by the seatbelt.\nBest practice is to velco laminated shipping paper to driver's side door.\nHAZARDOUS MATERIAL SHIPPING PAPERS\nLANE\nThe Lane Construction Corp.\n90 Fieldstone Ct.\nCheshire, CT 06410\n(203) 235-3351\nU.S. DOT Hazmat Reg. No. 050115 550 016XZ Issued 05/01/2015 Expires 6/30/2018\nProduct (Hazardous Material)\nTotal Quantity\nNA 1993, Diesel fuel, Combustible liquid, PG III\n_ Tank (s)\nIn case of emergency, call:\nNumbers\n24 Hour Emergency Response Contact:\nmust be\n(1993\nChemtrec # (800) 424-9300\n3½\" tall\nUse\n4 placards and keep in EXCELLENT\nBack and Both Sides (right and left) of Hazmat\ncondition and clearly visible - Place on Front,\nVehicle.\nCertification (172.204)\nThis is to certify that the above-named materials are properly classified, described,\npackaged, marked, and labeled and are in proper condition for transportation\naccording to the applicable regulations of the Department of Transportation.\nsigned: Michel a facoto\nMichele A. Jacobs - Corp. Safety and Fleet Manager\n\n<<>>\n\n1993\nSTEALING\n\n<<>>\n\n83166\nOPERATED BY\nLANE\nUSDOT 27918.\n1993","truncated":false,"body_characters":7684}