Interpretation Response #06-0025 ([University of New Hampshire] [Mr. Andy Glode])

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

Interpretation Response Details

Response Publish Date: 03/03/2006

Company Name: University of New Hampshire

Individual Name: Mr. Andy Glode

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 3, 2006

Mr. Andy Glode                             
            
Reference No. 06-0025
Hazardous Materials Shipping Specialist
Office of Environmental Health and Safety
University of New Hampshire
11 Leavitt Lane
Durham, NE 03824

Dear Mr. Glode:

This is in response to your letter dated February 3, 2006 requesting clarification of the
final rule published December 9, 2005, entitled "Hazardous Materials: Incorporation of
Statutorily Mandated Revisions to the Hazardous Materials Regulations" (HM-240).
Specifically, you ask if shippers must retain shipping papers for shipments made since
January 1, 2005.

The answer is yes. Prior to enactment of the Hazardous Materials Safety and Security Reauthorization Act of 2005 (the Act; Title VII of Pub. L. 109-59, 119 Stat. 1144 (August 10, 2005)), shippers and carriers were required to retain shipping papers for 375 days after the hazardous materials shipment was accepted by the initial carrier. The Act amended this regulation to require persons who provide shipping papers to retain copies for a period of two years and carriers to retain copies for a period of one year after the date the shipping paper is provided to the initial carrier. The HM-240 final rule incorporated the new shipping paper retention requirements into the Hazardous Materials Regulations (HMR). The effective date of this final rule is January 9, 2006. Shipments offered or accepted for transportation prior to January 9, 2006 are not subject to the new shipping paper retention provisions. For shipments offered or accepted for transportation prior to January 9, 2006, each person who provides a shipping paper and each person who receives a shipping paper must retain a copy of the shipping paper or an electronic un age thereof for 375 days after the shipment is accepted by the initial carrier.

For shipments offered or accepted for transportation on or after January 9, 2006, each person who provides a shipping paper must retain a copy of the shipping paper or an electronic image thereof for two years after the shipment is accepted by the initial carrier;
each person who receives a shipping paper must retain a copy of the shipping paper or an electronic image thereof for one year after the shipment is accepted by the initial carrier.

I hope this information is helpful.

Sincerely,

Susan Gorsky
Regulations Officer
Office of Hazardous Materials Standards

172.201

Regulation Sections