Oak Harbor Freight Lines — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 November 5, 2024 Joe Guzman Central/Southern Districts Safety Supervisor Oak Harbor Freight Lines 832 F St West Sacramento, CA 95605 Reference No. 24-0045 Dear Mr. Guzman: This letter is in response to your June 7, 2024, email and subsequent phone calls with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the hazardous materials description on shipping papers. You ask about a paint kit that is comprised of two different hazardous materials that are individually packaged and then placed in a single drum, which functions as the outer packaging of a combination packaging. Specifically, you ask whether the requirement to indicate the number and type of packages as part of the shipping description—as specified in § 172.202(a)(7)—is fulfilled by indicating that the shipment contains one package (i.e., a drum) for the entire consignment (i.e., paint kit) as shown below: # Packages HM Quantity Pack Description Classification Description Weight 1 X 3.79 L ALL ONE UN2735, AMINES, LIQUID, 9 LBS DRUM CORROSIVE, N.O.S. (FATTY ACIDES, TALL OIL, REACTION PRODUCTS WITH TETRAETHYLPENTAMINE, TETRAETYHLYPENTAMINE), 8, PGIII 15.14 L UN1263, PAINT, 3, PGIII 91 LBS The answer is yes. It is the opinion of this Office that for a combination package, it is appropriate to list the outer packaging as the package type on the shipping paper. Additionally, where#

Page 2multiple hazardous materials described by differing § 172.101 Hazardous Materials Table entries are contained in a combination packaging, they should be entered on sequential rows so that the total quantity associated with each description is clearly identified. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Casey 24-0045 Jones, Jessie Jane CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: Friday, June 7, 2024 1:57 PM To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Letter Of Interpretation Attachments: Drum with 2 HMs.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Alice, Please see the below interpreta on request and the a achment. Please let me know if you have any ques ons on anything. Regards, -Breanna From: Joe Guzman <Joe.Guzman@oakh.com> Sent: Friday, May 31, 2024 1:10 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter Of Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good Morning, I am reques ng a le er of interpreta on on mul ple shipping descrip ons on 1 BOL placed in an overpack with only 1 piece count and 1 package type. See a achment. There are 2 different but compa ble hazard classes in their own containers (not mixed) and have been placed in one drum. The shipper is only offering 1 piece count and 1 package type. My ques on is, is this a compliant BOL? Thank you for your me and assistance. Thank you Joe Guzman Central/Southern Districts Safety Supervisor www.oakh.com P 916-371-2564 x12539 | C 209 298 9407 1#

Page 4Packages #of HM X Quanty UM Pack Description UN2735, Classification Description Class/Sub ACIDS, TALL OIL, REACTION PRODUCTS WITH AMINES, LIQUID, CORROSIVE, N.O.S. (FATT TETRAETHYLENEPENTAMINE 15.14 l ALL ONE DRUM TETRAETHYLENEPENTAMINE), 5, PG .!I UN1263, PAINT, 3, PG III 91 LBS 36117590 MATERIALS HAZARDOUS Shipping Instructions CHEM-TEL - 24 hours @ 1-800-255-3924 (North America) +1-813-248-0585 For chemical emergencies involving spill, leak, fire, exposure or accident. phone (Interational); Contract #MIS0003110 Remit COD to Address COD Foo For freight collect shipments Total Charges COD Amount Total Charges this shipment is to be delivered to the consignee, without recourse on U insignor, the consignor shall sign the following statemen Freight Charges le camer may cecline to make delivery of this shipment without payme alue of the property is hereby specifically stated by th freight and all other lawful chargi PREPAID hipper to be not exceedin: per (Signature of Consignor) hereby agreed to by the shipper and accepted for himsolf and his assigns. Motor Freight Classification 100-X and successive issues. The shipper hereby cortfies that his familiar with all terms and conditons the said bill of lading. including those on the back thereof, and the said terms and conditions are Shipper Carrior Per SUVIRO B. PAOLIM Per This is to certify that the abovo-named matenals are property classified, described. Shipper Certification Carrier Certification packageo, markeo ana laboreo, ana are in propor conason for vansporacon accorde ho applicable regulations of the Departmont of Transportali and/or carrier has the Department of Transportation emergency response guidebook or equivalent document in the vehicle Carrier acknowledges receipt of package and required placards. Carrier certifies emergency response information was made available Per Per Package Nos. Date 05/24/24 Date Page 1 of 1#

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