Guidanceguidance
17-0092
FedEx Custom Critical — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research17-0092
Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous Administration Materials Safety MAY 0 1 2018 Ms. Kellie Toth Sr. Hazmat/Accident Specialist FedEx Custom Critical 1475 Boettler Road Uniontown, OH 44685 Reference No. 17-0092 Dear Ms. Toth: This letter is in response to your August 23, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. You include a copy of a DataQ response letter from the Wisconsin Department of Transportation citing your company for incorrectly indicating the quantity and type of package on a shipping paper, as well as a copy of the shipping paper in question. You ask whether the shipping paper included with your letter conforms to the quantity and type of packaging provisions prescribed in § 172.202(a)(7). The answer is yes. In accordance with § 172.202(a)(7), the shipping description of a hazardous material on a shipping paper must include the number and type of packages (e.g., "10 cylinders per box" and "5 fiberboard boxes") either before or after the required basic description. While it might not be in a format preferred by this Office, the shipping paper you provide does satisfy this requirement by placing a number (quantity) of packages directly under the applicable packaging in a heading of "BULK TOTE DRUM PAIL BOX." It is therefore the opinion of this Office that the shipping paper you include with your letter conforms to the requirements prescribed in § 172.202(a)(7). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Hennasten T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#
Page 2Stevens §./72.202 (a)(2) Dodd, Alice (PHMSA) Shupping papper 17-0098 From: INFOCNTR (PHMSA) Sent: Thursday, August 24, 2017 9:46 AM To: Hazmat Interps Subject: FW: Interpretation letter Attachments: 20170823100551334.pdf; 20170823092314874.pdf; 20170823094541679.pdf Hi Alice, Please see Kellie Toth's contact information below. Kellie Toth FedEx Custom Critical 1475 Bottler Rd Uniontown, OH 44685 234.310.4087 234.310.4130 fax Kellie Toth Senior Hazmat/Accident Specialist FedEx Custom Critical, Inc. Thanks, Jodi From: INFOCNTR (PHMSA) Sent: Thursday, August 24, 2017 9:36 AM To: Hazmat Interps <hazmatinterps@dot.gov> Subject: FW: Interpretation letter Hi Alice, Please submit this as a letter of interpretation. Let me know if you have any questions. Thanks, Jodi From: Kellie Toth [mailto:kellie.toth@fedex.com] Sent: Wednesday, August 23, 2017 10:12 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Interpretation letter Good morning, Thank you Please see the attached letter requesting an interpretation on 49 CFR 172.202(a)(7) and the supporting documentation. Kellie Toth 1#
Page 3Senior Hazmat/Accident Specialist FedEx Custom Critical, Inc. entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under CONFIDENTIALITY NOTE: This message and any attached files transmitted with it are intended for use only by the individual or applicable law. 2#
Page 4Kellie Toth From: DataQs Desk <no-reply@dot.gov> Sent: Tuesday, August 22, 2017 6:08 PM To: Kellie Toth Subject: Data@s 1757222 - Response Added The following request was responded to by Hether, Alana (WI DOT SP) ID#: 1757222 Report #: 2276003365 The status was updated. To view what the status means, visit this frequently asked question. Status prior to response: Open - Pending Officer Comments Status after response: Closed - No Data Correction Made Response Description: The following are the comments of the inspecting officer: The number and type of package hazmat is shipped in must be listed. The shipping paper presented has a number listed under a general heading of "BULK TOTE DRUM PAIL BOX". There is no delineation for what the number is in reference to. The inspector would have to assume what the package type would be which would hinder emergency response which is the whole purpose of the hazmat shipping paper. This data review request is now closed with no correction made. This automated email was sent from the Federal Motor Carrier Safety Administration's DataQs system. If you login to the DataQs system directly, please go to http://datags.fmcsa.dot.gov to view this request and to respond. If you login to the DataQs system via the FMCSA's Portal, please go to http://portal, fmcsa.dot. gov to view this request and to respond.#
Page 5SHIPPER PROVIDED SHORT FORM BILL OF LADING & FROM: INTERMODAL CERTIFICATION All parias hecla erd lhas ats/ges tua lamillar nald, and agroe, thal ah sull et Agung s suo art tae (li de cenerct Not negotiable - Domestic closenidasta, and (Il lhe osoticaste lolul, lhed wrilla arud slasa/fis iusas in añtoni ao of ihe fula nachen. MInD aM$ «BAliens ef Ihe Unilem Dersaste Suaight Bil el Lallag en aat fertie ln lha Slettenal Motet Breighi Caremes ito daen coter un lA BCAn ei lAl' dette rort ans apac s Mha oad Cota. ' CONTACER BACKING CERTIFICATE DECLARATIOA: " in dostaned thal ine Nv16 - Wnura ine eite la dependent en vetue, arizaars ane rogitza to sead agouraty in unthing ina apress or de ellad talue of lhe presents. HIPPERS B/L NO. 0808B34360 stipter so ba nol 0t600 leg: the egina oe dacias vata el lhe property la marety e politiety sarced oy tho AT LOc. 080a LOADID NO. . 0808B34360 DELAMARE 43015 08-07 17.: REFERENCE NO. SHIPMENY PHONE 82729. PAGE 01 OF 01 CUSTOMER ORDER NO. AND RELEASE NO 26498 CONSIGNED TO: DELIVERY DATE: 00-00-00 Charge to: Subiets lo Socilec i ol cesiniere af F PREPAID, MAR FREIGHT BILL AND COPY 2 FREIGHT COLLICI, in to de dei tared so sna consignee milhous episo Buel er SaLIng, Ul INa sMieners OF BILL-OF-LADING TO. (hell alpa Doe (esasiao silamers. PERDUILA Dn DAA dentignas, Ine Consigner The canter o halt aal verta beltrary ef Ulls aTl alfar Lendrd chasons 1A garni motten peyman el figoghl and Dun Nurtros: ' CARRIER: FEDEX CUSTOM CRI CAR/VENICLE INITL NO. wao consigner ORDER/1AVOSC* MUMBERS: 22715-01-01-01/78850 BUIK TOTE UREM PAIL DOX --sa-- QUANTITY -... DESCRIPTION OF ARTICLES •04 GROLOTD SHIPHINT*... vasght in 189 (Sua, to Corr.) PLACARD MATERIAL PLACARD NON HOs: 2-Dienthylaninosthanol N1760 CORROSIVE LIQUID, N.O.5. 8 PGI 9,340 NUMAIA OF PALLITS: TOTAL PIECES: VEJORT: VETORT EY COLUMI: 9,940 TOTAL WEIGHT OF SHIPMENT: 9,940 Las SPICIA. INSTRUCTIONS: • • • PROTECT FROH FREEZINO ... OFTÊR & Corrorivo - Clasa B PLACARDS WITH UN1760 AUG 9 2017 BUETTOWT, ARCOUNT Manh colla Bott aped, marke and lucid, ams ane to pregar coadten seabrab. Thiele le sen tal he cterenemd mase dets ace prepeny cunnile, e arcerino lo Mee an stociblo rol ans ot che Oraa Bi 2rббigentна rallen FOR HELP IN EMERGENCIES INVOLVING SPILL, FIRE, LEAK, ÉXPOSURE Call Toll Fred Ta *424-9300 or: Cai Collect 1.703.3 YE CHEMTREC PLACAROS WERE OFFERED, EUERGENCY RESPONSE DAVER'S SIGMATURE INDICATES APPLCABLE DO.9. ACCESAITLE, AND INFORMATION FS IN THE VEHICLE AND IMMEDIATELY PACKAGTA ANE BLOSRED ANT RECKMAD IM AFPARENI GOO0 #RACED I ACCOR ) PITZSBURGH DRIVE •DELAHARX ORDER-EXCEPTIONA NOTED. .OX 83015 Carrier, nk lhs MaNNo nea с.м..... HeatBOL, rer. 34#
Page 6FedEx® Custom Critical August 23, 2017 U.S. DOT Attn: PHH-10 PHMSA Office of Hazardous Materíals Standards East Building Washington, DC 20590-0001 1200 New Jersey Avenue, SE. To: U.S. DOT PHMSA Office of Hazardous Materials. I would like to obtain a letter of interpretation in regards to 49 CFR 172.202(a)(7). The section states that on a bill of lading the the package. It then provides some examples of how these required items can be listed on a bill of lading to meet this number and type of packages must be indicated. It further states that the type of packaging must be indicated by description of requirement, however it does not state a specific form and manner is required. I am including a copy of a hazardous materials bill of lading that was created by a shipper where FedEx Custom Critical was issued a violation in regards to how the shipper listed the number of packaging and type of container. The shipper lists the type containers they use for transport, i.e. bulk, tote, drum, pail or box as general headers on the bill of lading. The shipper then notes directly below the packaging type header the quantity being shipped. In this particular case it was 4 tote tanks. The inspector issued a violation against 49 CFR 177.801 for accepting or transporting hazardous materials not prepared in paperwork in accordance with 172.202(a)(7). The inspector advised our driver that the word "tote" and number 4 should have accordance with regulations. The inspector further stated the type of hazardous materials is not listed on the hazardous materials information was listed ou the bill of lading in accordance with 172.202(a)(7), please see attached bill of lading for reference. been circled to designate what was being shipped, FedEx Custom Critical entered a DATAQ challenge stating that the required requirement of 172.202(a)(7). Included is a copy of the DATAQ denial from the Wisconsin Department of Transportation. Wisconsin DOT has denied the challenge stated the format used on the bill of lading by the shipper does not meet the offeror of hazardous materials completes their bill of lading in a different manner to achieve compliance in the paperwork section Hazardous materials bill of ladings do not have a specific format an offeror must follow when creating a bill of lading. Each of the 49 CFR. Can you please review the bill of lading I have included and provide clarification if this format used by the shipper does in fact meet the requirement in 49 CFR 172.202(a)(7)? Kellie Toth FedEx Custom Critical Sr. Hazmat/Accident Specialist#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.