New Jersey State Police — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC. 20590 Pipeline and Hazardous Materials Safety Administration OCT 2 7 2015 Lt. John V. Guzzo Unit Head HMTEU New Jersey State Police P.O. Box 7068 West Trenton, NJ 08628 Reference No. 15-0148 Dear Lt. Guzzo: This is in response to your July 15, 2015 email concerning the interchangeability of proper shipping name and the identification number on shipping papers and markings on cargo tanks. In your letter you request guidance on the following scenario: A cargo tank is stopped for an inspection and the driver produces a shipping paper with the following description: 1 Cargo Truck, UN1202, Heating Oil, Light, Class 3, PG III, 2400 gallons. The cargo tank is placarded with a Class 3 flammable liquid placard displaying ID number "1993." The HMR specify in § 171.2 that no person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in a condition for shipment as authorized by the HMR. Your letter did not provide an indication of the actual contents of the cargo tank, however the basic description provided on the shipping papers and the identification number markings displayed on the cargo tank must be consistent and must accurately identify the hazardous material being transported. If the shipping papers did not accurately describe the hazardous material being transported then there was a violation of § 172.202(a), and if the identification numbers displayed on the cargo tank did not accurately reflect the material being transported then there was a violation of § 172.303(a). I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, - Senior Regulations Officer Standards and Rulemaking Division#

Page 2.. • 172.38. еали marking Dodd, Alice (PHMSA) 15-0148 From: Geller, Shelby CTR (PHMSA) Sent: To: Wednesday, July 15, 2015 3:12 PM Hazmat Interps Subject: FW: (NA1993 vs. UN1202) Dear Shante and Alice, Attached is a request for a formal letter of interpretation. Lt. Guzzo spoke with Mike Ciccarone in the HMIC. Thanks, Shelby From: John Guzzo [mailto:lpp4528@gw.njsp.org] Sent: Wednesday, July 15, 2015 11:02 AM To: Murray, Anthony (PHMSA); Michael.ciccaroni@dot.gov; PHMSA HM InfoCenter Cc: Cooke, Andrew (PHMSA); Gavas, John (FMCSA); Townsend, Melissa (FMCSA); Durkin, Patrick (PHMSA); Stephen Albanese; Lawrence Higgins Subject: (NA1993 vS. UN1202) To whom it may concern; Can I please obtain an Official Interpretation on the below listed scenario. The Driver / Carrier / Owner hands over a Shipping paper that states ; A non-spec cargo truck leaves a terminal and is stopped for a CV Inspection. 1 Cargo Truck - UN1202, Heating Oil, Light, Class 3, PG III, 2400 gallons. The Cargo Truck is Marked with Flammable Placards and ID# 1993 inside them. ID# misrepresents the Material transported. The OS Guide / HazMat Section - Transport Vehicle Marking (4) states " an OS condition exists w/ 50% ... or when any match the ID# assigned on the Shipping paper. The shipping paper is generated by the Manufacture / Shipper. (they Yes, the chemical make up, is probably exactly the same. The issue is that the ID # Markings on the Package do not should know their product better than anyone). NA 1993 is NOT listed in Appendix "A" as "Heating Oil, Light". Thanks for all your assistance, Unit Head Lt. John V. Guzzo # 4528 (609) 452-2601 Ext 5916 HMTEU LPP4528@gw.njsp.org CONFIDENTIALITY NOTICE The information contained in this communication from the Division of State Police is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are strictly prohibited. If you have received this communication in error, please immediately contact the Division of State not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is Police at (609) 882-2000 to arrange for the return of this information. 1#