Interpretation Response #24-0067

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

Interpretation Response Details

Response Publish Date: 12/19/2024

Company Name: Public Utilities Commission of Ohio

Individual Name: Tom Bartfai

Location State: OH Country: US

View the Interpretation Document

Response text:

December 19, 2024

Tom Bartfai
Hazardous Materials Specialist, Motor Carrier & Rail Enforcement
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH  43215

Reference No. 24-0067

Dear Mr. Bartfai:

This letter is in response to your July 17, 2024, email, and subsequent email conversations with a member of staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the preparation of shipping papers. Specifically, you have follow-up questions seeking further clarification of a previously issued letter of interpretation (Reference No. 24-0020) regarding shipping paper requirements. Additionally, you provided four photographs of shipping papers as examples.

We have paraphrased and answered your questions as follows:

Q1. In PHMSA's letter of interpretation (Reference No. 24-0020)—specifically the response in answer A1—and in accordance with § 172.201(a)(1)(ii), PHMSA stated that it was permissible to highlight additional information along with the basic shipping description if the highlighted information is associated with, and consistent with, the hazardous materials being shipped. You seek clarification on what PHMSA meant by “consistent with.” Specifically, you ask whether PHMSA was referring to required additional hazardous material description information provided in § 172.203, or if it was meant to generally refer to additional information included in association with the basic description, such as batch or lot numbers, internal product codes, or reference numbers, along with the basic shipping description to meet the requirements found in § 172.201(a)(1)(ii).

A1. When describing hazardous materials and materials not subject to the HMR that are included on a shipping paper, a person is only required to choose one method listed in § 172.201(a)(1)(i) through (a)(1)(iii), as the word "or" (emphasis added) is used to indicate three separate options to identify hazardous materials on a shipping paper. If a person chooses to use more than one option, there is no prohibition in doing so. As noted in Reference No. 24-0020—and in accordance with § 172.201(a)(4)—a shipping paper may contain additional information concerning the material, provided the information is not inconsistent with the required description. Moreover, unless otherwise permitted or required, additional information must be placed after the basic description required by § 172.202(a). For clarification, the requirements found in § 172.202(a) state the shipping description of a hazardous material on a shipping paper must include what is prescribed in § 172.202(a)(1) through (a)(4); however, there is no prohibition when information such as batch or lot numbers, internal product codes, or reference numbers is also entered or highlighted on a shipping paper, provided this information is entered after the basic shipping description of the hazardous material. Such information would be considered consistent with the hazardous material being shipped if the information is relevant to the hazardous material described on a shipping paper. Please note the purpose of the requirements found in § 172.201 is to allow for easy identification of hazardous material information by emergency responders and enforcement personnel. Moreover, additional information and the use of multiple techniques for identifying information should not interfere with the ability to differentiate between required hazardous material information and information that is not required.

Q2. Letter of interpretation Reference No. 24-0020 pertains to a shipping paper that includes information for both hazardous materials and materials not subject to the HMR. You ask whether our response to answer A1—as it relates to Reference No. 24-0020—would change if a person used more than one option listed in § 172.201(a)(1) when a shipping paper contained only hazardous material information. Specifically, you seek confirmation whether it is permissible in this scenario to highlight information beyond the basic shipping description, such as batch or lot numbers, internal product codes, or reference numbers, along with the basic shipping description.

A2. Please see answer A1. Please note, the options presented in § 172.201(a)(1)(ii) specifically apply to when a shipping paper contains information for both hazardous material and materials not subject to the HMR. The HMR do not provide instruction when using any of the same options for a shipping paper containing only information associated with hazardous materials. Therefore, our response provided to answer A1 in Reference No. 24-0020 would not change with respect to highlighting additional information because highlighting information beyond the basic shipping description would still be permissible.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172.201, 172.201(a), 172.201(a)(1), 172.201(a)(1)(i) through (a)(1)(iii), 172.202(a), 172.202(a)(1) through (a)(4)

Regulation Sections