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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #11-0106 ([The Jet Companies] [Mr. Mark Ellery])

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

Interpretation Response Details

Response Publish Date:

Company Name: The Jet Companies

Individual Name: Mr. Mark Ellery

Location State: AZ Country: US

View the Interpretation Document

Response text:

August 24, 2011



Mr. Mark Ellery

Quality Assurance and Research Manager

The Jet Companies

125 North 53rd Avenue

Phoenix, AZ 85043

Reference No. 11-0106

Dear Mr. Ellery:

This is in response to your April 28, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers, (also known as bills of lading) for transloaded hazardous material shipments. In your letter, you state that Diamond Trucking, a local common carrier, transloads fuel (e.g., biodiesel, ultra-low sulfur diesel (ULSD), and ethanol) from railcars directly into its tank motor vehicles and delivers the fuel to the final destination that appears on the original shipping paper, a local motor fuel terminal. You also state the property where the product is off-loaded, the Phoenix Tank Farm Complex motor fuel distribution hub, and the terminal where the product is delivered, are both owned by the Railjet Company. You ask whether new shipping papers must be generated before transloaded shipments are entered into transportation.

The answer is no. The HMR defines transloading as the transfer of a hazardous material from one packaging to another for the purpose of continuing the movement of the hazardous material in commerce (see § 171.8). To meet the definition for "transloading," the hazardous material must clearly be consigned to the facility at which the transloading operation is to occur for the sole purpose of transferring the hazardous material to or from a bulk packaging. However, the original shipping document must include information that the shipment is a through-shipment to an identified final destination. In other words, the ultimate destination of the hazardous material must be known at the time that the material is delivered to the facility and that destination must be indicated on the shipping documentation accompanying the shipment. (See page 20029, of the final rule issued under Docket No. PHMSA-98-4952; HM-223; 70 FR 20018, 4/15/2005.)

I hope this satisfies your request.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division


Regulation Sections

Section Subject
171.8 Definitions and abbreviations