{"operation":"document","citation":"21-0067","title":"Transportation Compliance Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-08-19","effective_on":null,"summary":"21-0067 response to Transportation Compliance Associates, Inc. concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0067.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0067.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0067","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75756/210067.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAugust 19, 2021\nMr. Michael D. Alston\nVice President Hazardous Materials Operations\nTransportation Compliance Associates, Inc.\n1340 Route 30\nClinton, PA 15026\nReference No. 21-0067\nDear Mr. Alston:\nThis letter is in response to your June 24, 2021, email and subsequent phone conversation with a\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to the responsibility for signing the shipper’s certification on a\nhazardous material shipping paper. Specifically, you ask whether the driver of a cargo tank\nmotor vehicle (CTMV) is responsible for signing the shipper’s certification when the CTMV is\nloaded with a hazardous material. You describe a scenario in which several common carriers\npick up fuel products from your client’s loading facilities, known as loading racks. The driver of\nthe CTMV is issued a shipping paper for the products loaded in the cargo tank via an automated\nsystem, with limited to no interaction with personnel at the loading rack itself. The driver then\nperforms several pre-transportation functions, including securing tank closures and applying\nplacards to the vehicle.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the driver is responsible for signing the shipper’s certification required\nby § 172.204(a). You note that in this scenario, the driver is the only person with the\nknowledge that the vehicle bears the proper hazard communication and is properly\nprepared for transportation.\nA1. The answer is no, as the shipper’s certification is not required in this scenario. In\naccordance with § 172.204(b)(1)(i), a shipper’s certification is not required when a\nhazardous material—except a hazardous waste— is offered for highway transportation in\na cargo tank supplied by the carrier.\n\n<<>>\n\nQ2. You ask whether a driver may sign a shipping paper in a single location to acknowledge\nboth receipt of the lading, and the shipper’s certification.\nA2. See answer A1, the shipper’s certification is not required in this scenario.\nQ3. You ask whether the driver is responsible for signing the shipper’s certification statement\nin this scenario.\nA3. The answer is no, see answer A1.\nQ4. You ask whether the supplier—who issues the bill of lading—is responsible for signing\nthe shipper’s certification statement in this scenario.\nA4. The answer is no, see answer A1.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPatrick\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interpretation Request\nDate: Thursday, June 24, 2021 3:48:08 PM\nAttachments: image003.png\n21-0067\nHello,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Mike Alston \nSent: Thursday, June 24, 2021 3:29 PM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Interpretation Request\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.\nMichael D Alston\n1340 Rt 30\nClimton pa 15026\n4126518776\nGet Outlook for Android\nFrom: INFOCNTR (PHMSA) \nSent: Thursday, June 24, 2021 2:47:12 PM\nTo: Mike Alston \nSubject: RE: Interpretation Request\nDear Mike,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\nthe following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing, please respond to this email with:\nFull Name\n\n<<>>\n\nPhysical Mailing Address\nTelephone Number\nSincerely,\nJonathon, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Mike Alston \nSent: Thursday, June 24, 2021 12:55 PM\nTo: PHMSA HM InfoCenter \nSubject: Interpretation Request\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.\nDOT Infor Center-Hazardous Material Specialists:\nQuestion: I have a client that operates several gasoline/diesel loading terminals across and several\ndifferent common carriers pick up at their terminals. The drivers login and are issued a bill of lading\nvia a printer. No one at the site, issues the bill of lading or signs the bill of lading. The driver using a\npick up number, enters it into the system and that number is pre-programmed with the materials\nand quantity to be loaded. The driver pulls under the rack and loads the cargo tank. The driver\nsecures the cargo tank and placards the vehicle. The driver signs the shipping paper as an\nacknowledgement of accepting the load. Currently, we are asking the drivers to sign once to\nacknowledge accepting the cargo and a second signature for the shipper’s certification.\n1. Is the driver responsible to also sign the Shipper’s certification since the driver is the only\nperson that can verify that the load is packaged, marked, ;labeled and in a condition in\naccordance with the hazardous material regulations?\n2. Can the driver sign once to both acknowledge acceptance of the cargo and the shippers\ncertification?\n3. 4. Is the driver responsible for the shipper’s certification in this scenario?\nIs the supplier that issues the bill of lading responsible for the shipper’s certification, even\nthough they cannot verify the condition of the cargo once it is loaded?\nThank you for your assistance.\nMichael D Alston, CHMM, CDGP\nVice President Hazardous Materials Operations\n\n<<>>\n\nMike.Alston@hazmat-1.com\nwww.hazmat-1.com\nCell: 412-651-8776\nOffice: 724-899-4100 x201\nFax: 724-649-1428\nTo stay up to date with all things Hazmat and transportation don’t forget to opt-in to our\nnewsletter where you can receive updates on regulation changes, industry news, and exclusive\noffers\nCONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or\nprivileged. The information is intended to be for the use of the individual or entity named above. If\nyou are not the intended recipient, be aware that any disclosure, copying, distribution or use of the\ncontents of this message is prohibited. If you have received this electronic message in error, please\nnotify me immediately by telephone at (724) 899-4100.\nCONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or\nprivileged. The information is intended to be for the use of the individual or entity named above. If\nyou are not the intended recipient, be aware that any disclosure, copying, distribution or use of the\ncontents of this message is prohibited. If you have received this electronic message in error, please\nnotify me immediately by telephone at (724) 899-4100.","truncated":false,"body_characters":7492}