Interpretation Response #15-0148

Interpretation Response Details

October 27, 2015

Lt. John V. Guzzo
Unit Head
HMTEU
New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628

Reference No. 15-0148

Dear Lt. Guzzo:

This is in response to your July 15, 2015 email concerning the interchangeability of proper shipping name and the identification number on shipping papers and markings on cargo tanks. In your letter you request guidance on the following scenario: A cargo tank is stopped for an inspection and the driver produces a shipping paper with the following description: 1 Cargo Truck, UN1202, Heating Oil, Light, Class 3, PG III, 2400 gallons. The cargo tank is placarded with a Class 3 flammable liquid placard displaying ID number "1993."

The HMR specify in § 171.2 that no person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in a condition for shipment as authorized by the HMR. Your letter did not provide an indication of the actual contents of the cargo tank, however the basic description provided on the shipping papers and the identification number markings displayed on the cargo tank must be consistent and must accurately identify the hazardous material being transported.

If the shipping papers did not accurately describe the hazardous material being transported then there was a violation of § 172.202(a), and if the identification numbers displayed on the cargo tank did not accurately reflect the material being transported then there was a violation of § 172.303(a).

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Ben Supko
Senior Regulations Officer
Standards and Rulemaking Division

171.2, 172.202(a), 172.303(a)

Regulation Sections