Interpretation Response #18-0095

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

Interpretation Response Details

Response Publish Date: 02/12/2019

Company Name: Transportation Compliance Associates, Inc

Individual Name: Mike Alston

Location State: PA Country: US

View the Interpretation Document

Response text:

December 19, 2018

Mike Alston, CHMM, CDGP
Vice President Operations
Transportation Compliance Associates, Inc.
1340 Route 30
Clinton, PA  15026-1732

Reference No. 18-0095

This letter is in response to your June 28, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements in § 172.201(a)(5)(iii) and (iv) to verify the accuracy of information on a shipping paper used to reverse route a tank car containing sulfuric acid residue.  Specifically, you seek confirmation of your understanding that it is the carrier’s responsibility to generate a residue shipping paper, not your client’s as the offeror, and further ask what is required to satisfy the verification procedure prescribed in § 172.201(a)(5)(iv).

Your understanding of § 172.201(a)(5)(iii) is partially correct.  Under § 172.201(a)(5)(iii), carriers may, but are not required to, generate an electronic shipping paper for a residue shipment of hazardous material transported by rail using information from the previous loaded movement of that hazard materials packaging provided the carrier ensures the description of the material that accompanies the shipment complies with the offeror’s request.  See Docket No. PHMSA-2010-0018 (HM 216B; 77 FR 37962). 

Additionally, the HMR do not specifically state what actions must be taken to satisfy the verification procedure requirement prescribed in § 172.201(a)(5)(iv) for a rail shipment’s electronic shipping paper, only that the procedure must exist and it must permit the offeror to “verify the accuracy of the electronic data interchange (EDI) transmitted hazard communication information that will accompany the shipment.”  Therefore, it is the opinion of this Office that any procedure that meets these criteria is satisfactory. 

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.201(a)(5)(iii), 172.201(a)(5)(iv)  

Regulation Sections