Idaho State Police — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration JUN 0 6 2016 Mr. Thomas Wright Idaho State Police 5205 S. 5th St. Pocatello, ID 83204 Ref. No.: 15-0229 Dear Mr. Wright, This responds to your November 19, 2015 email requesting clarification on shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if the term "ICTMV" may be used on a shipping paper to satisfy indication of the total quantity of hazardous materials and the number and type of packages as required by §§ 172.202(a)(5) and (a)(7) respectively. In the scenario described, two cargo tanks are attached to a motor vehicle. The answer is no. The term "1CTMV" would not satisfy either the requirement in §§ 172.202(a) (5) or (a)(7). As defined in § 171.8, a "cargo tank motor vehicle" means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle. A cargo tank motor vehicle is not considered a package; however, a "cargo tank" means a bulk packaging that is permanently attached to or forms a part of a motor vehicle or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle. 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., 2 cargo tanks), rather than an applicable unit of measurement (e.g., gallons, liters). The term "2 cargo tanks" would also satisfy the § 172.202(a)(7) requirement. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553. Sincerely, Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Wiener 170.202 Goodall, Shante CTR (PHMSA) Chipping papers From: Geller, Shelby CTR (PHMSA) 15 - 3229 Sent: To: Thursday, November 19, 2015 4:25 PM Hazmat Interps Subject: FW: 172.202(a) (5) & (7) Dear Shante and Alice, Below is a request for a formal letter of interpretation. Mr. Wright spoke with Aaron. Thanks, Shelby ----Original Message From: Wright, Tom [mailto: Thomas.Wright@isp.idaho.govl Sent: Thursday, November 19, 2015 4:02 PM To: Patrick, Eamonn CTR (PHMSA) Subject: RE: 172.202(a) (5) & (7) Thank You Mr. Patrick. I am requesting a formal response. Idaho State Police %Thomas Wright 5205 S. 5th St. Pocatello, ID. 83204 208-236-6383 From: eamonn.patrick.ctr@dot.govleamonn.patrick.ctr@dot.gov] Sent: Thursday, November 19, 2015 1:32 PM To: Wright, Tom Subject: RE: 172.202(a) (5) & (7) Dear Mr. Wright, We have received your inquiry about the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: http://phmsa.dot.gov/regulations A hazardous materials regulatory specialist would be happy to speak with you regarding your inquiry. You may contact the Hazardous Materials Information Center, which is staffed with regulatory specialists who can quickly answer your questions by phone, Monday through Friday, 9 AM - 5 PM EST at (800) 467-4922 or (202) 366-4488. Alternatively, if you would like a regulatory specialist to contact you directly, please respond to this e-mail with a telephone number where you can be reached between 9 AM and 5 PM EST. Sincerely, 1#

Page 3Eamonn Patrick, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps -----Original Message--- From: Wright, Tom [mailto: Thomas.Wright@isp.idaho.gov] Sent: Thursday, November 19, 2015 3:00 PM To: PHMSA HM InfoCenter Subject: 172.202(a) (5) & (7) There is a definition of a Cargo Tank Motor Vehicle under 171.8. The question is if the term "1CTMV" can ever be used to fulfill the requirements of 172.202 for the purpose of 172.202(a) (5) and (7). I am looking for clarification with reference to shipping paper requirements under 172.202 for when a company is shipping multiple cargo tanks in a vehicle combination, containing hazardous materials that also meets the definition of a Cargo Tank motor Vehicle- CTMV. Can a company use the term "1CTMV" to meet the number and type of packages as well as quantity of hazardous materials as required under 172.202(7) and 172.202(5) when it is shipping hazardous materials in 2 cargo tanks that is in a combination motor vehicle. Since a CTMV is NOT a package and 172.202(7) requires the # and type of packages would it be correct to say that more information is needed such as 2 cargo tanks rather than listing 1CTMV?#