North American Transportation Consultants — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 OCT O 8 2019 William Herman North American Transportation Consultants P.O. Box 1440 Hightstown, NJ 08520 Reference No. 19-0081 Dear Mr. Herman: This letter is in response to your June 12, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a shipper's certification on a shipping paper. In the scenario you describe, a shipment was made in a cargo tank supplied by the carrier and, in accordance with§ 172.204(b)(l)(i), a shipper's certification was not required. However, a certification statement was provided on the shipping paper and contained a misspelling; specifically, "accurately" was spelled "accuratly" in the certification statement. We have paraphrased and answered your questions as follows: Q 1. You ask whether a shipper's certification that appears on a shipping paper when the certification is not required must otherwise conform to § 172.204. A 1. The answer is no. If a shipper's certification is not required due to an exception provided by§ 172.204(b), the requirements for the certification statement in§ 172.204(a) do not apply. Q2. You ask, if the answer to question Q 1 is yes, whether the misspelling of the word "accurately" constitutes a bona fide modification to the language prescribed in § 172.204(a)(2). A2. See Al. I hope this information is helpful. Please contact us if we can be of further assistance.#

Page 2Dodd, Alice (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Attachments: Tuesday, June 18, 2019 3:27 PM Hazmat Interps Subject: FW: Request for Guidance/Interpretation Request for Letter of Interpretation - 172.204.pdf Hi Alice, Attached is the PDF for LOI 19-0081. Thanks, Lynsie, HMIC From: William Herman [mailto:wherman@natc-inc.com] Sent: Wednesday, June 12, 2019 4:32 PM To: INFOCNTR {PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Guidance/Interpretation Sir/Madam, I have attached a request for interpretation regarding shipper certification. I have searched previous guidance documents on your website and could find none specific to my concern. Please find attached documents relative to this request. Thank you for your attention in this concern. My apologies if this email is duplicative, as I received an error message with my previous to infocntr@dot.gov Regards, William Herman NATC, Inc. PO Box 1440 Hightstown, NJ 0-609-426-0555 C-732-330-6392 1#

Page 3Mr. Shane Kelley Director, Standards and Rulcmaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue. SE East Building, 2nd Floor Washington, DC 20590 June 12, 2019 Dear Mr. Kelley, I am requesting an interpretation regard ing shipper certification. l have attached a copy of a roadside inspection conducted by the New York State Police and have also attached a copy of the shipping paper associated with this inspection. The trooper cited the carrier for a violation of §177.817(6) -·· "Shipper's certification contains a misspelling, 'accurately' is spelled ·accuratly' within the certification.'· Since this was a cargo tank supplied by the carrier. and as§ 172.204(6)( 1 ){i ), as well as§ I 77.8 l 7(b) confer, no shipper certificat ion would be required. This violation was challenged through the Data Q website on the basis that since no certification was required, this was essentially optional language and therefore not subject to the strict language lirnitation as set forth in § 172.204(a)(2). This request was denied by the agency as they assert that the misspelling is a "modification·· to the language prescribed in the section. They point to interpretations issued by your agency wherein PHMSA has stated that no modification to the language in subparagraphs (I) or (2) is permit1ed or authorized. I have reviewed these interpretations and it appears they all pertain to ··required'' shipper certifications. They further asserted that since the shipping paper contained this certification statement, it must be in conformance with the regu lation in all regards. I am formally requesting PHMSA provide guidance on; 1. If a shipper certification appears on a shipping paper when one is not required, must it otherwise confonn to the section in the same manner as is prescribed in. for example, the permissive placarding section? 2. If the answer to question l above is yes, does the misspelling of the word .. accurately .. constitute a bona fide modification to the language prescribed in§ I 72 .204(a)(2)? Thank you, William Herman North American Transportation Consultants PO Box 1440 Hightstown, NJ 08520 609 426-0555#

Page 4NEW YORK STATE POLICE Commercial Vehicle Enforcement Unit Troop C DRIVER/VEHICLE EXAMINATION REPORT Report Number: NYSPC0191377 Inspection Date; 05122/2019 Start Time: 08:21 AM End Time: 09:01 AM lnsp. Level: 2. WALK-AROUND DRIVER /VEHICLE 1£1411 (1101) HAZMAT lnsp: BULK ALL CHEMICAL TRANSPORT CORP Driver: MONTANEZ . EDUARDO POBOX2083 license#: 178.%1680 State: CT LAKEWOOD ' NJ USOOT#: 00217745 08701 Date of Birth: 05/23/1970 Phone#: CoOriver: MC/MX#: 105997 Fax#: Liu,nse#: State#: Date of Birth: State: Location: BEDFORD (SB) Highway: 1-684 County: W ESTCHESTER MilePost: Shipper: GREENFIELD GLOBAL Origin: BROOKFIELD . CT Bill of Lading: 50367378 Destination: ORANGEBURG _ NY Cargo: UN1170ETHYLALCOHOL SOL VEHICLE IDENTIFICATION Unll Type Make Y~Af Slefe Ucenso# EQlll>meollD VIN I GW/R CVSA# COS# -· 001 I n I MACK I 2016 I NJ I AS301Y I 6947 I 1N9S74323YA044122 I 52000 l I 002 ST TRtR 2000 NJ TBYB1M 1N9S74323YA044122 66000 I r 1 I I - I .T I I I - BRAKE ADJUSTMENTS NO BRAKE MEASUREMENTS REQUIRED FOR LEVEL 2 INSPECTIONS VIOLATIONS VloCooe Std.ion Uni OOS Verify Cruh VIOl<Hions Oiscovered 177.8178 177.817(8) N N 6H!PPCR CERTIFICATION· SlffPPER'S CERTIFlCATION CONTAINS A MISSPELLING. ''ACCl/RATEL Y" IS SPEU ED "ACCURA TL Y" WITHIN THE CERTIFICATION HazMet 3 FLAMMABLE. , Placard YES Cargo Tank. 407 Special a,ecks: 1.) NOTE TO DRIVER: Return this roport to lhe rnotor ca mar vmose name appear.s et the top. 2.) NOTE TO REPAIRER: If entries Mc made in lhe violation section above, please slg11 Uw, report \IA100 ropairs arc completed Signalura Of Repairer X: Far;ilily. Dato: 3.) Sign and return this rePOrt ONLY if violations are entered in the violation section RETURN AODRESS : New York Slale Department of Trarispo~aMn Truck Inspections 50 Wol Road POD 53 AflJdny, Now Yo1k 12232 4) TRAFFIC TICKETS. If issued, MUST be returned to the COURl 1M1ose address appears on I.he front of the TICKET. 5.) MOTOR CARRIER CERTIFICATION: I horeby certify Iha! 011 vfolation• entered on this report have been corrected and eclion has boon takfln to essure compfian<:o w,lh the NYS iranspor1alion law aod Rogulations 6.) ir the vehicle has NOT b<>en repalTed and HI\S been permanently removed from • ~rvice, Initial here ___ ____ and sign !he report Signature of Motor Car,ior X: Title: Date: RaP. 9.rl.P.t.!!ParedJlJ; ROBERT A KIDDER .!!m!.mt.lt. 1855 _,.;o·~ "-.. x _~~::===::=:::===:::::::....--- 11111m 1111111rn111 ~11 NYSPC01913n#

Page 5ORE~NFIEL') .,O,,c . . STRAIGHT BILL OF L/\OfNG-ORIGINAL-NON NEGOTIAQLE , "'f fu~[~~:,:::::~"""~ . .. • oo~cloolliod•• '"" ii1i~1m1r ffl1ili 111~11 f 1111 Date Shipped · /' / t .. 8rookReld, CT 08804 -~ · .-.,.·// .. I BIii of Ladlna No.: S0367169 ~arrler: 'Freight Terms: /Freight Code: I Load#: lLlftgate? / Straight Truck? Customer PO#: ALL CHEM PREPAID No Sure 16NS No No 51665 Sold To: C600010 C of A? I One Lot? ~ontalner No: ~eal No(e): ~~~288: 266289; 26629~ : Ambrosia Fragrance, LLC Yes )',Jo ~LL CHEM 660R J 266291 Special Instructions: Req. Del. Da Del. Tim Page 1 of 1 05/16/19 8AM CofA & BOL must accompany shipment Ship To: Ambrosia Fragrance, LLC .. BULK ADDREss•·: 7 Turner Place Piscataway, NJ 08854 C600010-01 Pump and hose required . ~ -,. No. of Places & . 1 ~ · · Container Type .::;;, i•Pro<!uct C~e 6,805.6 GAL -~ '12340B11lOBK01 NA 12340B190BK01 SDS-NJ-15092 H Descnpuon & ClasslficaUon M X UN1170, Ethyl Alcohol Solution, 3, PGII, Flammable Liquid SDA 408-190 PROOF BULi( NMFC Item # 42600-01 EMERGENCY RESPONSE GUIDE #127 C19E1400100SD40BEF-01 Weight (SubJ. 10 Corr.) 46237.2 lbs Total Pieces: 6,805.6 !Wine Gallons: 6,805.6 I Proof Gallons O !Excise Tax: 0 jTotal Weight: 46,237.2 lbs Description of the Splrlta, Denatured Splrlta: Spirits or Denatured Spirits described above are withdrawn rrom Processing Account by: TIB Serial No.: ·· TTB F,5100.16 Serial No.: Dated; Under pensltles of perjury, I declare U1at the spin ls or den a lured spirits end their containers are accurately described, In transferrable condition, and this date consigned lo stated dlsHl!ed spirits plants: Seal No(s): Dale: By; Attorney In Fact Certificate of Receipt: Seats Intact on arrival: __ Yes __ No Notation Regadlng Unusual Loss ______ Qty. Received: __ Under penelUes of perjury, I declare that the aplrils or denatured spirits described were received, except as noted on this fonn or accompanying documents. By: {Signature & Tllle) Dale Received: Note: Where the rate Is dependent on value, shippers are required lo stale speclllcally In wriUng the agreed or declared value of the property. The agreed or declared value of the property Ill hereby speclRcally stated by the shipper lo be not exceeding: $ 2.65per LB I hereby declare that the contents of this consignment are fully and accurally described above by Iha proper shipping name, and are classified, packaged, marked and labeled/placarded, and ere In all respects In proper condition for ltansport according to applicable lntemaUonal and national governmental regulations i_,::-;_ __ ,.. : . . .~ Subject to socUon 7, oil collect shipments end third porty shipments not bllled to Shippers algnalure: ~ . , • ,· :: . .,, Pharmco are tonderod without recourse to Iha e.onsl9nor. HAZARDOUS PLACARD.§. TENDERED [](fES D NO I IF NO IS CHECKED BELOW• ERGs HAVE BEEN PROVIDED .·· _..,, Signature: (:>1 ... ..-/~ _ DRIVER HAS AN EMERGENCY RESPONSE GUIDEBOOK IN HIS VEHICLE 0¥S ONO FOR CHSMIC~L EMERt'.ENCV, CALL CHEMTREC: CONTINENTAL U.S. 800-424-9300 OR OUTSIDE CONTINENTAL U.S. 703•527-3887 CCN 17213 C200 Rav.1.0 Bulk B/l Revision No.: 0 Date Printed: 05/15/19 □ YES#