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Interpretation Response #09-0285 ([Mr. Brad Bockey])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Brad Bockey

Location State: VA Country: US

View the Interpretation Document

Response text:

April 26, 2010

 

 

 

Mr. Brad Bockey

2001 Millwood Pike

Winchester, Virginia 22602

Ref. No. 09-0285

Dear Mr. Bockey:

This responds to your email dated November 30, 2009, regarding general requirements for shippers under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask about retention of shipping papers and certification requirements.

Your email includes the following scenarios:

Scenario 1: Original manufacturer (shipper) ships product utilizing an outside carrier to deliver product to receiver A, who is a reseller.

Scenario 2: Receiver A (from above) is a private carrier and ships orders out of storage to Receiver B, when requested, on its own vehicles, never utilizing an outside carrier. Receiver A creates a shipping paper for each shipment.

Scenario 3: Receiver B is a private carrier that ships explosives by highway out to job sites for its own use and creates a shipping paper for each shipment.

Generally, the HMR apply to persons who offer hazardous materials for transportation in commerce and persons who transport hazardous materials in commerce. The HMR do not define the term "shipper." When the word "shipper" is used, such as in the title of Part 173 - "Shippers-General Requirements for Shipments and Packagings" - that word refers to a person who prepares a shipment for transportation. That person may also be a carrier, when it prepares the shipment for its own transportation (as a private carrier) or for transportation by a succeeding carrier.

In Scenario 1, the original manufacturer is a "person who offers" or "offeror" for purposes of the HMR. In accordance with Subpart C of Part 172 of the HMR, the original manufacturer must prepare a shipping paper and sign the certification, and must retain a copy of the shipping paper or an electronic image of the shipping paper for at least two years after the shipment has been accepted by the initial carrier (see §§ 172.200 and 172.201). The carrier who receives the shipping paper from the original manufacturer must retain a copy of the shipping paper or an electronic image for one year after the carrier accepts the shipment (see § 177.817(f)).

In Scenario 2, Receiver A is both a "person who offers" or "offeror" and a carrier for purposes of the HMR. Receiver A must prepare a shipping paper for each shipment and must retain the shipping paper or an electronic image of the shipping paper for at least two years. Note that no certification is required for a shipment offered for transportation by a shipper as a private carrier, except for hazardous materials that is to be reshipped or transferred from one carrier to another (see § 172.204(b)(1)).

In Scenario 3, Receiver B is both a "person who offers" or "offeror" and a carrier for purposes of the HMR. Receiver B must prepare a shipping paper for each shipment and must retain the shipping paper or an electronic image of the shipping paper for at least two years. No certification is required for a shipment offered for transportation by a shipper as a private carrier, except for hazardous materials that is to be reshipped or transferred from one carrier to another (see § 172.204(b)(1)).

I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172.200, 172.201, 172.204, 177.817(f)

Regulation Sections

Section Subject
172.200 Applicability
172.204 Shipper's certification
177.817 Shipping papers