Interpretation Response #14-0210
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 11, 2015
Mr. David Skater
Brian Kurtz Trucking Ltd.
RR#2, 6960 Speedvale Avenue West
Breslau, Ontario N0B 1M0
Ref. No. 14-0210
Dear Mr. Skater:
This responds to your October 29, 2014, email requesting clarification of shipping paper requirements for North American shipments under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on the proper sequence of the shipping description on shipping papers of shipments originating in Canada and prepared in accordance with Canada’s Transportation of Dangerous Goods Regulations (TDG Regulations).
In your letter, you state your driver was cited for having an improper shipping description sequence entered on the shipping paper. Specifically, the description was “Extracts, aromatic, liquid, Class 3, UN 1169, PG II” and because the UN number was not listed first, the driver was cited. However, it is your understanding that this is permitted because the HMR authorizes the use of the TDG Regulations under § 171.12(a); and the TDG Regulations prescribe the basic description with the proper shipping name listed first, followed by hazard class, UN number and packing group under Part 3; 3.5(1)(c).
Your understanding is correct. Shipments of hazardous material originating from Canada and offered for transportation by motor vehicle or rail in accordance with the TDG Regulations are authorized for transport by § 171.12(a)(1) provided the applicable requirements in §§ 171.12, 171.22 and 171.23 are met. The requirements of Part 172 of the HMR do not apply to material transported according to the TDG Regulations. Thus, if the TDG Regulations provides the option of placing the proper shipping name first in the shipping description sequence, then it is also authorized under the HMR.
I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
171.12(a), 171.12(a)(1), 171.12, 171.22, 171.23
|§ 171.23||Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations|