Interpretation Response #21-0067

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/19/2021

Company Name: Transportation Compliance Associates, Inc.

Individual Name: Michael D. Alston

Location State: PA Country: US

View the Interpretation Document

Response text:

August 19, 2021

Mr. Michael D. Alston
Vice President Hazardous Materials Operations
Transportation Compliance Associates, Inc.
1340 Route 30
Clinton, PA 15026

Reference No. 21-0067

Dear Mr. Alston:

This letter is in response to your June 24, 2021, email and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the responsibility for signing the shipper's certification on a hazardous material shipping paper. Specifically, you ask whether the driver of a cargo tank motor vehicle (CTMV) is responsible for signing the shipper's certification when the CTMV is loaded with a hazardous material. You describe a scenario in which several common carriers pick up fuel products from your client's loading facilities, known as loading racks. The driver of the CTMV is issued a shipping paper for the products loaded in the cargo tank via an automated system, with limited to no interaction with personnel at the loading rack itself. The driver then performs several pre-transportation functions, including securing tank closures and applying placards to the vehicle.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the driver is responsible for signing the shipper's certification required by § 172.204(a).  You note that in this scenario, the driver is the only person with the knowledge that the vehicle bears the proper hazard communication and is properly prepared for transportation.

A1. The answer is no, as the shipper's certification is not required in this scenario. In accordance with § 172.204(b)(1)(i), a shipper's certification is not required when a hazardous material—except a hazardous waste— is offered for highway transportation in a cargo tank supplied by the carrier.

You ask whether a driver may sign a shipping paper in a single location to acknowledge both receipt of the lading, and the shipper's certification.

A2. See answer A1, the shipper's certification is not required in this scenario.

You ask whether the driver is responsible for signing the shipper's certification statement in this scenario.

A3. The answer is no, see answer A1.

Q4. You ask whether the supplier—who issues the bill of lading—is responsible for signing the shipper's certification statement in this scenario.

A4. The answer is no, see answer A1.

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

172.204(a), 172.204(b)(1)(i)

Regulation Sections