{"operation":"document","citation":"21-0047","title":"Safeway Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-07-02","effective_on":null,"summary":"21-0047 response to Safeway Transportation concerning 171.8, 172.101, 172.202, 172.203, 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75446/210047.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 2, 2021\nMr. Richard Elliott\nSafety Director\nSafeway Transportation\n3499 Suite A I-10 Frontage Rd\nPort Allen, LA 70767\nReference No. 21-0047\nDear Mr. Elliott:\nThis letter is in response to your April 28, 2021, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.\nSpecifically, you state that one of your company’s drivers was issued a citation for not being in\ncompliance with the shipping paper requirements specified in § 172.203(c)(1) during an\ninspection. You state that at the time of inspection, the driver presented the enforcement official\nwith two documents, which you have attached. You state that one of those documents, the\n“Delivery Order,” was mistakenly identified as the shipping paper by the enforcement official,\nand that the citation was issued because that document did not meet the requirements for\ndocumenting a hazardous substance. You further state that it is your opinion that the document\ntitled, “Alternate Straight Bill of Lading” wholly represents a legal and correct shipping paper,\nand that the material specified on this document should not be identified as a reportable quantity\n(RQ).\nAs defined in § 171.8, a “shipping paper” means a shipping order, bill of lading, manifest or\nother shipping document serving a similar purpose and prepared in accordance with subpart C of\npart 172 (see § 172.202) of the HMR. Both documents you have attached appear to contain the\ndescription of the hazardous materials being shipped, the quantity of material, the number and\ntype of packages being used, and the emergency response telephone number. Only the document\ntitled, “Alternate Straight Bill of Lading” contains a shipper’s certification. In accordance with\n§ 172.204(a), all shipping papers must have a shipper’s certification statement certifying that the\nmaterial is offered for transportation in accordance with the HMR printed (manually or\nmechanically) on the shipping paper. Section 172.204(b) provides additional provisions to this\nrequirement. Specifically, § 172.204(b)(1) states that a shipper’s certification is not required for\na hazardous material offered for transportation by motor vehicle and transported in a cargo tank\n\n<<>>\n\nsupplied by the carrier. Your scenario would appear to meet this provision. Therefore, the\nshipper’s certification may not be used as a criterion to distinguish which document is the\nshipping paper.\nIn addition, § 172.203(c)(2) requires that the letters “RQ” be entered on the shipping paper either\nbefore or after the basic description for each hazardous substance (see § 171.8). As defined in\n§ 171.8, a hazardous substance means a material that is listed in Appendix A to § 172.101. The\ntechnical name listed on the documents you provided,\n“2-Methylundecanal,” is not listed in\nTable 1 to Appendix A in § 172.101 and should not be identified as a hazardous substance on a\nshipping paper.\nFinally, it is the opinion of this Office that both documents could be identified as shipping\npapers, and therefore must contain all required description information.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request For Interpretation\nDate: Thursday, April 29, 2021 4:37:54 PM\nAttachments: PHMSA Document 3.pdf\nPHMSA Document 2.docx\nPHMSA Document 1.docx\nSafeway Transportation (002).pdf\n21-0047\nHello Alice,\nPlease see the interpretation request below as well as the attachments.\nPlease let me know if you need anything else.\nRegards,\n-Breanna\nFrom: Richard Elliott [mailto:RElliott@safewaytransportation.net]\nSent: Wednesday, April 28, 2021 2:24 PM\nTo: INFOCNTR (PHMSA) \nSubject: FW: Request For Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nFrom: Richard Elliott\nSent: Wednesday, April 28, 2021 1:14 PM\nTo: infocenter@dot.gov\nSubject: Request For Interpretation\nI have attached three(4) documents that detail the request for an Interpretation as to whether or\nnot a document that I have submitted is considered to be a shipping paper.\nThe question arose during a roadside inspection and I feel that the document is not to be considered\nto be a shipping paper due to the evidence I have submitted.\nPlease let me know what you have decided on this matter,\nThank you.\nRichard Elliott\nSafety Director\n225-286-6103/ext 115- office\n225-317-2812/ direct\n225-412-9817/ fax\n\n<<>>\n\nLarson\n21-0047\nSafeway.\n3499 SUITE A J-20 FRONTAGE ROAD * PORT ALLEN. LA 70767 » 225/387-8623\nTRANSPORTATION\nPO. BOX 147 • PORT ALLEN, LA 70767-0147\nREQUEST FOR LETTER OF INTERPRETATION\nI am requesting that PHMSA issue a letter of interpretation regarding the attached documents and\nexplanation.\nThe attached documents were given to us as a Shipping Paper and Delivery Order.\nThe Shipping Paper (Straight Bill of Lading) has the information regarding the shipped product and\nwholly represents a legal and correct shipping paper.\nThe Delivery Order has similar information on the product shipped and has extraneous information\nneeded to complete the delivery of the product. The shipping description of the product on this\ndocument added the letters RQ to the front of the description, however the product is not an RQ.\nI feel that the Delivery Order does not represent a document that would be called a shipping paper and\nam asking an interpretation to verify that this document does not represent a shipping paper.\nIt is clear that the two documents are not the same and they clearly state their purpose by virtue of the\nheading placed on the document.\nI have attached a complete description of both documents and have attached the actual documents that\nwere presented at the time of the inspection.\nPlease let me know the outcome of your decision on this matter.\nThank you for your consideration.\nRichard Elliott\nSafety Director\nSafeway Transportation\nPort Allen, Louisiana 70767\nrelliott@safewaytransportation.net\n225-317-2812\nAttachments: Explanation of Documents\nShipping Paper and Delivery Order\nREV 9-20\n\n<<>>\n\nLarson\n21-0047\n- - - - -\nSafeway.\nTRANSPORTATION\n1400 SUITE A JO FRONTAGE ROAD * PORT ALLEN. LA 70767 * 225/387-662\n1O. BOX 147 • PORT ALLEN. LA 70767-014\nREQUEST FOR INTERPRETATION OF REGULATIONS\nCFR 49 PART 172\nOn 4-7-21 our driver was cited for a violation of CFR49 Part 172.203(c) (1) regarding two documents that\nhe had pertaining to a shipment of Environmentally Hazardous Substance NOS, (2-Methylundecanal),\nClass 9, PGIII\nThe driver presented the inspector with the shipping paper that he was given at the time he picked up\nthe load. Attached to the Shipping Paper was a Delivery Order that had to be presented at time of\ndelivery.\nThe Shipping paper has a Header stating : Alternate Straight Bill of Lading-Short Form Original-Not\nNegotiable\nIt has the date and Bill of Lading Number 6398, the name and address of the Shipper and the Consignee\ninformation.\nThe body of the document has the following shipping description;\n1- ISO Tank\n2- UN3082, Environmentally Hazardous Substance, Liquid, N.O.S., (2-Methylundecanal), Class 9,\nPGIII\n3- Net weight 41,500 Ibs\n4- The document has a shipper certification with signatures and dates.\n5- The document has an emergency response phone number.\nREV 9-20\n\n<<>>\n\nAttached to the Shipping paper is another document with the Header :Delivery Order\nThe delivery order has similar information however it indicates the name of the carrier and the name of\nthe party to whom the shipment is to be delivered.\nIn the body of the document it contains a description of the product:\n1 CNT ISOU 051412-2\nRQ UN3082 Environmentally Hazardous Substance Liquid NOS (2-Methylundecanal) Class 9 PGIII\nAll delays or emergencies please call NRS@914-422-3400/Before 8am and after 6pm please call Mary\nChow @646-285-7110 /Domenico Masi @914-953-5748\nScale Light and Heavy\nThe bottom of the document states:\nOriginal Delivery Order-Inland Freight -Prepaid freight\nNo shipper certification or signature\nREV 9-20\n\n<<>>\n\nALTERNATE STRAIGHT BILL OF LADING - Short Form\nORIGINAL - Not Negotiable\n3-March-2021\nBILL OF LADING NUMBER:\n6398\nDATE:\nSHIP FROM (SHIPPER)\nCARRIER INFORMATION\nPAGE 1 CC\n5200 Underwood Road\nCENTAURI Technologies, LP\nISO Chemi\n(281) 474-4675\nPasadena, TX 77507\nSHIP TO (CONSIGNEE)\nISOtank number :\n150U-051412-2\nFirmenich Chemical c/o Just Tanx\nSerial number:\n470 Skyler\nVehicle number:\nKearny, NJ 07032\nEMERGENCY RESPONSE PHONE NO. 281-474-4675\nShipping\nNo.\nHM\n+\nKind of Packaging, Description of Articles,\nWEIGHT\nUnits\nSpecial Marks And Exceptions\n(Subject to\nfor Carriere\nCHARGES\nCorrection)\nRATE\n(1)\nISOTANK (BULK)\nALDEHYDE MNA FR40 (MNA LIGHTS)\nNet Weight\n41,500 Ibs\nX\nUN3082, ENVIRONMENTALLY HAZARDOUS SUBSTA-\nNCE, LIQUID, N.O.S., (2-METHYLUNDECANAL),\nCLASS 9, PG III\nGROSS\nTARE\nNET\nPRODUCT CODE: 907776\nFIRMENICH PO# NUMBER: 4500860962/63\nSEAL No. 9593208, 9593209\nC.O.D. TO:\nREMIT\nCOD Ami: $\n1 Prepard\nC.O.D. FE\nADDRESS\n*If the shipment moves between two ports by a\ncarrier by water, the law requires that the bill of\nNOTE: Where the rate is dependent on value,\nshipper's weight\".\nlading shall state whether it is \"carrier's or\nthe agreed or declared value of the property.\nshippers are required to state specifically in writing\nSubject to Section 7 of conditions, if this shipment is to be\ndelivered to the consignee without recourse on the consignor the\nThe agreed or declared value of the property is\nconsignor shall sign the following\nTOTAL\n\"The carrier shall not make delivery of this shipment without\nShipper's imprint in lieu of stamp; not a part of bill\nhereby specifically stated by the shipper to be not\npayment of freight and all other lawful changes.\"\nCHARGES $\nFREIGHT CHARGES\nof lading approved by the Interstate Commerce\nexceeding\nture of Consignor)\n• Freight Prepaid\nCheck appropriate Besi\na Collect\nRECEIVED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of receipt by the carrier of the property described in the Original bill of lading, the property described above in apparent good ordes, except as sales\nCommission\nof the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each cattier of alt or any of, sails\n(contents and condition of contents of packages unknown), marked, consigned, and destined as indicated above, which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in pressesen\nproperty over all or any portion of said route to destination and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subjert to all the terms and conditions of the uniform\nDomestic Straight Bill of Lading set forth (1) in Uniform Freight Classifications in effect on the date hereof, if this is a rail or rall-water shipment, or (2) in the applicable motor carrier classification or taviff if this is a motor camier\nShipper hereby certifies that he is familar with all the terms and conditions of the said bill of lading, set forth in the classification or tariff which governs the transportation of this shipment, and the said terms and conditions are hereby agree to\nby the shipper and accepted for himself and his assigns.\n\"This is to certify that the above named materials are properiy classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulatons ar the Department of Transportation,\nSHIPPER:\nCARRIER:\nCENTAURI Technologies, LP\nSateway\nPER\nPER\nDATE\nfreston Rudl\nChitr\n03•03:21\n+ MARK WITH \"X\" TO DESIGNATE HAZARDOUS MATERIAL AS DEFINED IN TITLE 49 OF FEDERAL REGULATIONS.\nFor further details on SHIPPING HAZARDOUS MATERIALS FOR\nFederal Regulations, 49 CFR, Part 172.\n\n<<>>\n\nAvery Order\nISOCHEM LOGISTICS LLO\n290595\nHOUSTON,TX 77078\n1100 BEAUMONT HWY\n3/2/2021\nDATE\nOUR REF. NO\nPage 1 of 2\n713-673-3909\nTF0401646\n0\nTHE MERCHANDISE DESCRIBED BELOW\nIMPORTING CARRIER\nLOCATION\nWILL BE ENTERED AND FORWARDED\nAS FOLLOWS:\nBL OR AWB NO.\nARRIVAL DATE\nFREE TIME EXP\nFROM PORT OF ORIGIN AIRPORT\n3/3/2021\nISOCHEM LOGISTICS LLC ph:713-673-3909 fax:0\nLOCAL DELIVERY OR TRANSFER BY (DELIVERY ORDER ISSUED TO)\nDELIVERY BY L\nHAWB NO.\nENTRY NO.\nFOR DELIVERY TO\nCUST. REF. NO.\n5200 UNDERWOOD DR\nCENTAURI TECHNOLOGIES\nROUTE\nPASADENA, TX 77059\nLIQUID CARGO\n* ph:2814744675\nNEWARK NJ 07105\n21 HYATT AVE\nfax:0 em:0\nNO. OF PKGS\nDESCRIPTION OF ARTICLES, SPECIAL MARKS & EXCEPTIONS\nWEIGHT\n1 CNT\nDO NOT\nCNTR- TBA-03/03 @ 1PM ISOU 051412-2\n8824.40000 Kg\nUSE\nRQ UN3082, EVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S\nMNA LIGHT\n41500.000006\n(2-METHYLUNDECANAL) CLASS 9, PG111\nEMERGENCY CONTACT CHEMTREC TEL NO. 1-703-527-3887/INSIDE\nTHE US 800-4249300 CON: 14721\nBEFORE 8AM AND AFTER 5PM PLEASE CALL MARY CHOW @\nANY DELAYS OR EMERGENCIES PLEASE CALL NRS @ 914-422-3400 /\n646-265-7110/ DOMENICO MASI @ 914-953-5748\nSCALE LIGHT & HEAVY\nORIGINAL DELIVERY ORDER\nDOC. No.: TF0401646-00001\nINLAND FREIGHT\nPrePaid\nPREPAID / COLLECT\nReceived in Good Order By\nNRS LOGISTICS INC.\nLiability, including negligence is limited to the sum of $50.00\nWHITE PLAINS, NY 10606\n10 BANK ST. #1110\nagreed to be paid in writing prior to shipping.\nper shipment, unless a greater valuation shall be paid for or\nPER:\nAkil Spruill (aspruill@nrslogistics.com)\nDELIVERY CLERK: DELIVER TO CARRIER SHOWN ABOVE\nIMPORTANT: NOTIFY US AT ONCE IF DELIVERY CANNOT BE EFFECTED AS INSTRUCTED.","truncated":false,"body_characters":14094}