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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 #16-0092 ([Mr. Richard Lloyd])

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. Richard Lloyd

Location State: PA Country: US

View the Interpretation Document

Response text:

January 12, 2017

Mr. Richard J. Lloyd
31 Bastian Lane
Allentown, PA  18104

Reference No. 16-0092

Dear Mr. Lloyd:

This letter is in response to your May 23, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping paper requirements for marine pollutants.  Specifically, you ask whether a limited quantity shipment containing a marine pollutant that is packaged in accordance with §§ 173.150 through 173.155 requires a shipping paper when transported by highway.

The answer is no.  The shipping paper requirements prescribed in §§ 173.150 through 173.155 are only applicable to a limited quantity shipment subject to the HMR as a marine pollutant.  Section 171.4 excepts non-bulk packages from the marine pollutant requirements of the HMR when transported by motor vehicle, rail car, or aircraft.  Further, as prescribed in § 172.200(b)(3), a limited quantity shipment is not subject to the shipping paper requirements of the HMR when transported by highway or rail.  Consequently, a limited quantity shipment not subject to the HMR as a marine pollutant is not required to be accompanied by a shipping paper when transported by highway.

Thank you for bringing this matter to our attention.  We agree the shipping paper applicability requirements for marine pollutants in the limited quantity provisions prescribed in §§ 173.150 through 173.155 can be misleading.  To that end, we intend to clarify these requirements in a future rulemaking.

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

173.150, 173.155, 171.4, 172.200(b)(3)

Regulation Sections

Section Subject
171.4 Marine pollutants
172.200 Applicability
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.155 Exceptions for Class 9 (miscellaneous hazardous materials)