{"operation":"document","citation":"98-0135","title":"Dreyco, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-29","effective_on":null,"summary":"98-0135 response to Dreyco, Inc. concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0135.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0135.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0135","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980135.pdf","body":"<<<PAGE 1>>>\n\n!\n*\nU.S. Departmens\nof tansportation\n100 Sovern Steer sW\nWasangion. DC 20590\nSpecial Programs\nResearch and\nAdministration\nJUN 29 1998\nMx. Gaxeth D. Pearce\nRef. No.: 98-0135\nDixectox, Intexnational Maxketing\n263 Veterans Boulevard\nCaxistadt, Nu +07072-2792\nталька\nDeax Mx. Peace:\nThis responds to your letter, dated June 15, 1998, concerning\nshippex cextification requirements of the Hazardous Materials\nRegulations (HMR; 49-CER Parts 171-180) and the International\nMaxitime Dangerous Goods (IMDG) Code.\nclaxification concerning the responsible signatory for the\nSpecifically, you request\nshipper's certification.\nAs you explain in your letter, Dreyco is an export management\ncompany that serves as the export department under contract fox a\nпринї зод-4337\nnumber of U.S. manufacturers, including a manufactuxer of\nautomotive chemicals.\nDreyco issues shipping instructions to the\nthus, secoming, in effect, the\nand the IMDG Code.\nAs specified in § 172.204 (a) of the HMR, each person who offers a\nhazardous material fox transportation shall certify that the\nmaterial is offered for transportation in accordance with the\nreguirements in the MR. In oxdex to propexly cextity a\nshipment, the pexson signing the cextification must have dixect\n4 tra so.\nknowledge that the materials axe in proper condition fox\ntxansportation and are properly classified, described, packaged,\nmarked and labeled in accordance with the HMR and applicable\ninternational regulations.\nUnder the provisions of § 172.204 (d) (1), a shipper's\ncertification or declaration must be legibly signed by a\nprincipal, officex, paxtner, ox employee of the shipper or his\nagent.\nthat\nIn the situation you describe, the manufacturing facility\nprepares a shipment fox export is acting as your agent. A\nhit\n\n<<<PAGE 2>>>\n\n2\nhas dixect knowledge that the shipments are in propex condition\nprancipal, officer, partner, ox employee of the manufacturer who\niox transportation and that they comply with the HMR and the IMDG\nI hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nsincerely,\nThomas A Cell n\nThomas G. Ällan\nSeniox Ixansportation Regulations Specialist\nOffice of Hazardous Materials Standads\n\n<<<PAGE 3>>>\n\nTorsKU\n....\nFile 172,204\n263 VETERANS BOULEVARD\nDREYCO, INC.\nCARLSTADT, N.J. 07072-2792, U.S.A.\nTELEPHONE: 201-896-9000\nFAX: 201-896-1766\nFAX: 201-896-1378\nMANUFACTURERS' EXPORT SALES DEPARTMENT\nFAX: 201-896-0529\nJune 15, 1998\nMr. Edward Mazzullo,\nDirector of the Office of Hazardous Materials Standards\n(DHM-10)\nUNITED STATES DEPT. OF TRANSPORT\nREF: 16347.\n400 7th Street S.W.\nWashington D.C. 20590\nDear Mr. Mazzullo:\nWe have been referred to you from several different sources for clarification in an extremely important\nissue for our company.\nDreyco is an Export Management Company. Our function is to be the export department under contract\nfor a number of U.S. manufacturers. One of these is a manufacturer of automotive chemicals. The\nfactory is in Jacksonville, Florida whereas our office is here in Carlstadt, New Jersey.\nThe problem arises when we issue shipping instructions to the factory for our export orders. The\nproblem is compounded by the fact that Dreyco takes title to these goods and is, in all effects the\n\"shipper\". However, Dreyco is not the manufacturer nor do we pack the shipments for export. We\nnever seal any of the containers for export nor do we ever see any of the merchandise since they are\nshipped directly to the ports.\nTherefore when we, as the shipper submit the international maritime organization Hazmat Declaration\nForm, this form requires a signature that:\n\"It is declared that the packing of the container/vehicle. has been carried out in accordance\nwith the general introduction of the IMDG Code, paragraph 12.3.7 or i7.7.7\". Further\n\"Number and kind packages proper shipping name/correct technical name, IMO Hazard\nClass/Division UN number, packaging group, flash point (in degrees Celsius), control and\nemergency temperatures, identification of the goods as a Marine Pollutant, EmS # and MFAG\ntable #\", and ....\n\"Declaration:\nI hereby declare that the contents of this consignment are fully and accurately described above\nby the correct technical name (as) (proper shipping names) and are classified, packaged,\nmarked and labeled/placarded, and are in all respects in proper conditions for transport\naccording to the applicable international and national government regulations\".\ncont...\nFOR OUTSTANDING CONTRIBUTIONS DI EXPORT\nTHE PRESIDENT'S \"E\" AWARD\nMEMBER\n\n<<<PAGE 4>>>\n\nPage 2 .\nObviously since Dreyco is thousands of miles from the place where these shipments are packaged and\nshipped, it would be utterly fraudulent of us to sign the IMO Dangerous Goods Declaration as true\nand correct, when we obviously do not know how these things are packed, nor are we always aware of\nformula charges that may also alter the shipping classification . Therefore, we need a ruling from you\nin writing on exactly who is responsible and who is classified under the word \"shipper\" in this regard.\nIt is clear to us that Dreyco is the shipper of record, however the circumstances are mitigating and we\nfeel that the world \"shipper\" is a matter of semantics pertaining to this case. We know of many other\ncompanies that do business as the shipper and have the manufacturer fill out the IMO's.\nbusiness accordingly.\nWe await your soonest ruling, again in writing, if possible via fax or via mail so that we may continue\nThank you in advance for your help.\nYours sincerely,\nDREYCO, INC.\nDeare.\nGareth D. Pearce\nDirector, International Marketing\nGDP/gp\ncc: Ron McElroy - PETRO CHEMICAL PRODUCTS, INC.\n\n<<<PAGE 5>>>\n\n*.\nRoute\nThe manner in which a shipment moves, i.e., the\ncarriers handling is and the terminal pointe through\nwhich is is handled.\nRunning Gear\n•\nComplementary equipment for terminal and over.\nthe-road handling of containers.\nSea-Bee Vessels\n(See Barge Carrier) Ocean vessels which are\nconstructed with heavy-duty submersible hydraulic\nlift or elevator system located al the stern of the\nvessel. The Sea Bee system facilitates the barges to\nbe transferred forward and placed in position. See.\nBee barges are larger than LASH barges.\nSeal\nUsed to seal the locking mechanism on closed con.\nrainers for security and customs purposes. Each seal\nis individually numbered and may be of different\ncolors.\nSearan\ncontainer.\nSynonymous for general-purpose dry-freight\nSheathing (Export Boxing)\nConstruction materials which make up the ourside\nof roof, sides, ends and doors and which serve as\nrestraints to prevent the main frame from racking.\n•\n, Shipper's Load and Count\nA term denoting that the contents of a containes\nwere loaded and counted by the shipper and not\n:\nchecked or verified by the transportation line.\nShore\nA prop or support placed against or beneath anything\nto prevent sinking or sagging.\nShrink Wrapping\nPolyethylene or a similar subslance heat trealed and\nshrunk into an envelope around several units there.\nby securing them as a single whole unit either as small\npresentation packs or more commonly, to scure peck.\nages on a palles.\nSide-Door Container\nA container fitted with a rear door and a minimum\nof one side door.\nSide Loader\nA lift truck fitted with lifting altachments operating\n1o one side for handling containers.\nSkeletal Trailer (Chassis)\nA trailer specially constructed for the sule carriage\nof I.S.O. containers.\nSkids\nBattens or a series of parallel runners fitted beneath\nboxes or packapes to raise them clear of the floor 1o\n\n<<<PAGE 6>>>\n\n1o transport containerized cargo.\n: Container Freigh Station/\nCFS\nAssocialed with consolidation depots where parcele\nof cargo are grouped and loaded into containers.\nContiner Load\nA sufficient load in size to fill a container either by\ncubic measurement or by weighs.\nContainer Part Load\nA loading which does nos utilize the full volumetric\ncapacity of a container nor the maximum payload\nby weight and will permit additional part loads.\nContainer Pool\nainer leasing companies which will permit the\nIn agreement belween transport carriers and/or con.\nexchange of containers.\n• Container Terminal\nargoes in containers which may be accessible by truck\nIn area designated to be used for the stowage o\nrailroad and marine transportation.\nContainerizable Cargo\nCargo that will physically fit into a container and\nresult in an economical shipment consistent with deliv.\nery requirements.\nContainerization\nStowage of general or special cargoes in a container\nfor transport in the various modes.\nCorner Casting(s)\nFittings situated on top and bottom of container corner\nposts designed for handling and securing a container.\nCorner Posts/Door Posts\nVertical frame components fitted as the corners of\nthe container, integral with the corner fittings and\nconnecting the roof and floor structures.\nCross Member\nTransverse members fitted to the bottom side rails\nof a container serving as a support for the floor.\nCryogenic\nThe use of a freezing mixture to provide refrigeration.\nCubic Capacity\nCarrying capacity of a container according to meas\nurement in cubic fees.\nCube Out\nWhen a container has reached its volumetric capac.\nily before reaching the permitted weight limit.\nDangerous Goods\nThe term used by IMCO for hazardous materials.\n(See the International Maritime Dangerous Goods\nCode.)\n132","truncated":false,"body_characters":9350}