Interpretation Response #01-0206 ([AGFA Corporation] [Mr. James Gerace])

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

Interpretation Response Details

Response Publish Date: 01/09/2002

Company Name: AGFA Corporation

Individual Name: Mr. James Gerace

Location State: NJ Country: US

View the Interpretation Document

Response text:

January 9, 2002

Mr. James Gerace                                      Reference No. 01-0206
National Transportation Manager
AGFA Corporation
100 Challenger Road
Ridgefield Park, NJ 07660

Dear Mr. Gerace:

This responds to a letter from Mr. Donald J. Sooy, FTS Industries, Inc., requesting clarification of the shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Mr. Sooy asked that we respond directly to you.

Mr. Sooy presented the following scenario:

When ten (10) or more less-than-truckload shipments of hazardous materials are consolidated into a truckload shipment, a single bill of lading is prepared for the truckload shipment which contains only the city and state designation for each individual shipper's less-than-truckload shipment.  For transportation to the final destination, a single bill of lading, as described above, and an envelope containing the individual shippers' bills of lading are provided to the carrier for the consolidated load.  He asked if this procedure is in compliance with the HMR?

Each person who offers a hazardous material for transportation must describe the hazardous material on a shipping paper in the manner prescribed in Subpart C of Part 172.  Therefore, for the purpose of consolidating multiple hazardous materials shipments offered by different shippers, either a single shipping paper describing the consolidated materials, or each individual shipper's shipping paper containing the required descriptions may be used to satisfy the shipping paper requirements.

A carrier may not accept a shipment of hazardous material for transportation unless a shipping paper is provided and prepared in accordance with §§ 172.201, 172.202 and 172.203. The carrier and each driver must ensure that the hazardous materials' shipping paper is readily available by clearly distinguishing the shipping paper, if it is carried with other papers of any kind, by tabbing it or by having it appear first.  When the driver is at the vehicle's controls, the shipping paper must be within immediate reach while the driver is restrained by the lap belt, and either readily visible to a person entering the driver's compartment or in a holder mounted to the inside of the door on the driver's side.  When the driver is not at the vehicle's controls, the shipping paper must be in a holder mounted to the inside door of the driver's side of the vehicle or on the driver's seat of the vehicle.  The placement of individual shipping papers in "an envelope" is acceptable, provided the envelope is clearly distinguished, such as by marking or color, to indicate that the hazardous materials' shipping papers are enclosed and provided the envelope is maintained as required in § 177.817.

I hope this satisfies your inquiry.  If we can be of further assistance, please contact us.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of  Hazardous Materials Standards

172.202

Regulation Sections