{"operation":"document","citation":"23-0075","title":"Roy Kluthe — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-04-04","effective_on":null,"summary":"23-0075 concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-04/230075.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 4, 2024\nMr. Roy Kluthe\n8712 North Decatur St. Unit 503\nPortland, OR 97203-5457\nReference No. 23-0075\nDear Mr. Kluthe:\nThis letter is in response to your July 5, 2022, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically,\nyou ask whether a shipping paper containing columns may include a company slogan or other\nnon-regulatory information directly below the shipping description. You provided an example of a\nshipping paper, and below is a redacted excerpt with the text you are concerned about:\nUnits HM Description of Materials, Special\nWeight\nMarks and Exceptions\n1 T/T X\nDelivery No: 12345678 Order: 1234567\nUN 1830 SULFURIC ACID, 8, II\nRQ (Sulfuric acid)\nERG GUIDE No. 137\nO/Y Order ref: 86588/\nSULFURIC ACID 93% TECHNICAL BULK\n50000 LB\nExcellence in Performance # Pride in Achievement\nIn general, company slogans and additional information that are not part of the shipping description\nmust be placed after the information required under § 172.202(a). In the example you provided, the\ntext “Excellence in Performance # Pride in Achievement” is clearly not part of the basic\ndescription and also not interspersed in the description. Provided the additional non-regulatory\ninformation is not inconsistent with the required shipping description, it is the opinion of this\nOffice that—in the specific example you provided in your letter—the additional non-regulatory\ninformation would not be a violation of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPollack\n23-0075\nJuly 5,\n2022\nMr. Shane Kelley.\nRequesting a written response, to the question below, if you would, pléase.\nIs a company motto allowed in the description column of a Hazmat bill of\nladling?\nSending a copy of the bill of lading in question. Please Note: The last line\n\"Excellence in Performance # Pride in Achievement\".\nMy argument is that, mottos, company logos or promotions are not allowed in\nthe \"Description of Materials, special Marks and Exceptions\" column. Only\ninformation related to the chemical itself.\nCompany mottos can go with the letterhead around the perimeter or water\nmarked. But not in the body of the bill. Recall learning this years ago but can't\nfind anything in print to back it up.\nI could be wrong. Would your office please send me a ruling or explanation.\nThank you.\nRoy Kluthe\n8712 N. Decatur St. #503\nPortland, Oregon 97203\nroykluthe@gmail.com\n\n<<<PAGE 3>>>\n\nBill of Lading -Short Farm - Not begotiable\nMANIAMAN NVA\nEco Services Operations Corp\ni be subject to the terms and conditions of the Uniform Domest: Straight 8d of Lading set forth (2) in Uniform Freight Classification if effect on the date hereof, E his is a rail or\nproperty over ali 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 hereun\n2002 Timberloch Place\nwater shipment, or (2) in the applicable motor carrier classification or tariff if this is a motor carrier shipment.\nhipper hereby certifies that he is familiar with all the terms and conditions of the said bill of lading, including those on the back thereof, set forth in the classification of tarif whis\nThe Woodlands, TX 77380\noverns the transportation of this shipment and the sald terms and conditions are hereby agrsed to by the shipper and accepted for himself and his assign\nPortland\nSHIP FROM\ncarrier: Include this Shipment # on Freights bills\n14429 NORTH SUTTLE\nSERVICES OPERATIONS CORP\nROAD\nShipment/BOL No: 1100640121\nPORTLAND OR\n97217-7719\nPage1/1\nSHIP TO\n- NIPPON DYNAWAVE\nFILTER PLANT\nPACKAGING CO\nCarrier Name: PORTLAND PRIVATE FLEET\nLONGVIEW WA 98632 US\n3401 INDUSTRIAL WAY\nSeal or Veliere: 47-6\nDelivery time:\nUnloading:\nDelivering Carrier / Route:\nCustomer Order Information\nShipping\nDate:\nDelivery\n05.26.2022|05.27.2022\nDate:\nCust. Purchase Order#:\nCarrier\nCustomer\n305810\n1RDA\n2043940\nPrepaid\nUnits\nHM\nDescription of Materials, Special Marks and Exceptions\nWeight\nPREPAID SLY MENTS\nDelivery No:\n83550254\nOrder: 2114871\nINSTRUCTIONS\nINVOICING\n1 I/I\nFOR PAYMENT\nBe HERCID, 8, II\n50000LB\nEco Services\nOperations\nC/O CASS INFOR\nSAINT LOUIS\nPo box : 67\nMO 63166-0067 US\n----\nConditions of applicable bil of tading\nSubject to Section 7 of\nthe consignee without recourse on\n* the shipment is to be delivered to\nthe consignor, the consignor shad!\nsigh the folowing statement.\ndelivery of the shipment without\nThe carier shat not make\npayment of freight and all other\nEco Serveces Operations Corp\n(Signature of consignor)\n93.4%\n47,520\nC.O.D. Amt.\n1\nTOTAL UNITS SHIPPED: PALLETS O\nLOOSE\nTOTAL WEIGHT\n50000 LB\nCollection Fee_\nPROPER PLACARDS IN PLACE:\n& ERG is in cab of Tractor#\n47\nDriver's\nTotat Charges\n& YES\n→ NOT REQUIRED\n• ERG# / 32received by driver.\nSignature:\nFREIGHT CHARGE\nEHEMiReE a 880142218388 a spill, leak,\n& MSDS for Haz. Mat Received by driver\nfire, exposure,\nDate:\nor accident contact\n27-22\nlading shad state whether it is \"carrier's or shioner's weicht.\"\n*If the shipment moves between two ports by a carrier by water, the law requires that the bil of\nthe agreed or declared value of the property.\nOTE - Where the rabe is dependent on value, shippers are required to state specifically in writin\nhereby specificaty stated by the shipper to be not exceeding\nhe agreed or dedared value of the property i\nThis is to certity that the above named materials are properly dassitied, described packaged, marked and\nDepartment of Transportation.\nlabeled, and are in the proper condition for transportation, according to the applicable regulations of the\nper\nShipper Signature/Date 6-2722\nCarrier/Pickup Date\nDriver (sign)\nEx Sorres\nP.P.E\n6-27-22","truncated":false,"body_characters":6023}