Interpretation Response #08-0162 ([Montvale Cares, Inc.] [Ms. Pamela Smith])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Montvale Cares, Inc.
Individual Name: Ms. Pamela Smith
Location State: NJ Country: US
View the Interpretation Document
Response text:
July 21, 2008
Ms. Pamela Smith
Montvale Cares, Inc.
29 Hickory Hill
Montvale, New Jersey 07645
Ref. No.: 08-0162
Dear Ms. Smith:
This is in response to your June 6, 2008 letter addressed to Ms. Colleen Abbenhaus, Chief, Eastern Region, Office of Hazardous Materials Enforcement, and to this Office, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping paper retention requirements. Your scenario is based on a company that receives UN 1791, Hypochlorite solutions, 8, PG II, for use in its water storage tank. Specifically, you ask if the company is required to maintain copies of the shipping papers used for the delivery of the hypochlorite solution.
It is unclear from the information contained in your letter if the subject company also transports the Class 8, PG II material to its facility. The shipping paper retention requirements contained in the HMR apply to each person who offers a hazardous materials for transportation (§§172.200(a) and 172.201(e)) and each person who accepts a hazardous material for transportation in commerce (§ 177.817(f) for highway transportation). The shipping paper retention requirements do not apply to a company that receives Class 8 material for use at its facility. In addition, if the subject company transports the Class 8 material for use at its facility, the shipment may qualify under the materials of trade (MOTS) exception if the material is contained in a packaging having a gross mass or capacity not over 30 kg (66 pounds) or 30 L (8 gallons). If the applicable requirements in § 173.6 are met, other requirements in the HMR (including shipping papers) do not apply. See the MOT provisions in § 173.6.I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
cc: Ms. Colleen Abbenhaus
Chief, Eastern Region
Office of Hazardous Materials Enforcement
172.201(e), 172.817(f)
Regulation Sections
| Section | Subject |
|---|---|
| 172.201 | Preparation and retention of shipping papers |