Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 JAN 0 8 2016 Mr. Clifford Croft Kajuligan Corporation 1533 Kirkwood Drive Geneva, IL 60134 Reference No. 15-0189 Dear Mr. Croft: This responds to your September 21, 2015 email requesting clarification of the shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a multi-page shipping paper, consisting of a bill of lading and a.Ii attached shipping paper containing the hazardous material information, satisfies the shipping paper requirements. You state that you use an orange tab to identify the shipping paper containing the hazardous material information. Under the HMR, a shipping paper means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with 49 CFR part 1 72 subpart C. See § 171.8. In accordance with § 172.201 ( c ), a shipping paper may consist ofmore than one page, if each page is consecutively numbered and the first page bears a notation specifying the total number of pages included in the shipping paper. For example, "Page 1 of 4 pages." Section 172.201(a)(l) also prescribes that, ifa hazardous material and non-hazardous material are listed on the same shipping paper (single- or multi-page), the hazardous material information must either be listed first, entered in a contrasting color, or "identified by the entry of an 'X' placed before the basic shipping description .. .in a column captioned 'HM'.'' In addition, 49 CFR 177 .817 ( e )(1) requires that the driver and carrier clearly distinguish a hazardous material shipping paper if it is carried with other shipping papers, bills of lading or documents of any kind. The shipping paper containing hazardous materials must be distinguished by either distinctly "tabbing" the shipping paper or having it appear first.#

Page 22 It is the opinion of this Office that the multi-page shipping paper you provided satisfies the shipping paper requirements of the HMR. I hope this satisfies your inquiry. Please feel free to contact us if you have further questions. Sincerely, ~=11-Y-~ International Standards Coordinator Standards andRulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: Geller, Shelby CTR (PHMSA) Tuesday, September 22, 2015 4:44 PM Hazmat Interps FW: Letter of interp request BOL with Shipping paper addendum page.pdf Dear Shante and Alice, Attached is a request for a formal letter of interpretation. Mr. Croft spoke with Eamonn in the HMIC. Thanks, Shelby From: Cliff Croft [mailto:cliff.e.croft@qmail.com] Sent: Monday, September 21, 2015 4:47 PM To: PHMSA HM lnfoCenter Subject: Letter of interp request U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-I 0 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 I would like to request a formal interpretation of the shipping paper requirement in 49CFR 172.200. When shipping ground by truck using a bill of lading does the bill of lading have to be the shipping paper or could a separate document meeting the requirements of 172.200 attached to the bill of lading satisfy the shipping paper requirements? If we attach a separate document to the bill of lading to serve as the hazardous material shipping paper and use an orange tab to identify this form as "Hazardous Materials" would it be acceptable for this hazmat addendum page be attached to the backside of the bill of lading? 1#

Page 4Please review the attached documents and verify whether or not it meets all of the requirements to be considered an acceptable shipping paper. Thank you, Clifford Croft Kajuligan Corp. 1533 Kirkwood Dr Geneva, IL 60134 2#

Page 5Date: BILL OF LADING Page 1/2 . . . Name: Address: City/State/Zip: SID#: SHIP TO Name: Address: City/State/Zip: CID#: THIRD PARTY FREIGHT CHARGES BILL TO: Name: Address: City/State/Zip: SPECIAL INSTRUCTIONS: * SEE ATTACHED HAZHAT ITEK LIST * • CUSTOMER ORDER NUMBER #PKGS TEST 1 GRAND TOTAL 1 FOB:D Bill of Lading Number: 26371'4 I Im 111111111111111111 1111 I (402) 00000000000263714 CARRIER NAME: Trailer number: Seal number(s): Load Number HAZ TEST SCAC: Pro number: FOB:D 11111111111 Freight Charge Terms: (freight charges are prepaid unless marked othetwise) Prepaid _x__ Collect 3rd Party __ O Master Bill of Lading: with attached underlying Bills of Lading PALLET/SUP CIRCLE ONE ADDITIONAL SHIPPER INFO N y N y N y N y N y N .. " HANDLING UNIT QTY TYPE PACKAGE COMMODITY DESCRIPTION LTL ONLY QTY TYPE WEIGHT LBS p ts 1 ox Commoditie:s l'll'QUiring special°' additional care or attention in handing or :sto'Mng must be so marked and packaged as to ensure safe transportation with ordinary care. See Section 2(e) of NMFC 11Em 36D PARTS - NOI ALL OR SOME PARTS ARE HAZMAT SEE HAZMAT ADDENDUM ATTACHED 1 1 50 GRAND TOTAL Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared v..Jue of the property as follows: ''The agreed or declared value of the property is specifically stated by the shipper to be not exceedrng COD Amount: $ ________ _ Fee Terms: Collect: D Prepaid: D Customer check acce table: 0 NOTE Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. • 14706(c)(1)(A) and (B). RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing bet:\veen The carrier shall not make delivery of this shipment without payment of the earner and shipper, if applicable, otheM'ise to the rates, classifications and rules that have been established by freight and all other lawful charges. the carrier and are available to the shipper, on request, and to aU applicable state and federal regulations. _________________ Shipper Si nature SHIPPER SIGNATURE I DATE This Jg to cettffy that the above named materials are property ciassifled, described, packaged, marked and tabsled, and are in proper eoncfilion for tr.msportntton BC cording to the app:lieabte regulations of the Department Of Transportation. Trailer Loaded: D ByShipper D By Driver D Verify Load By: Freight Counted: D ByShipper D By Driver/pallets said lo contain CARRIER SIGNATURE I PICKUP DATE Carrier ackl'lo......redges receipt of packages and reqUte-d piai:ards. Carrier certifies emergency response information Vias made- available and/or carrier ha$ the DOT emergency response guidebool< or eQU111alent documenli!ition in the whic!e. D By Driver/Pieces Property descrfbed abotfe Is received In good otder', except as DOted. EMERGENCY CONTACT N0.800-424-9300#

Page 6PAGE 2/2 *** ABC COMPANY*** BILL OF LADING ADDENDUM HAZARDOUS ITEM LIST FOR BOL# 00000000001234 EMERGENCY CONTACT NO. 800-555-1212 ABC COMPANY PART NUMBER HAZ QTY HUM PACK QTY PUM UN ID, PROPER NAME,HAZ CLASS, PACK GROUP NO. AND TYPE OF PKGS 00111 1.0000 UN1824, SODIUM HYDROXIDE SOLUTION, 8, lI 1 BOX 00222 4.0000 UN1230, METHANOL, 3, II 1 BOX *** END OF HAZARDOUS ITEMS LIST *** This is to certify that the above named materials are properly classified, described, packaged, marked and labeled and are in the proper condition for transportation according to the applicable regulations of the D.O.T. Shipper Signature/Date#