# Grammar industries — Hazardous Materials Safety Interpretation

**Citation:** 04-0061  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2004-04-19

04-0061 response to Grammar industries concerning 172.200.

## Document text

<<<PAGE 1>>>

U.S. Department
of Transportation
400 Seventh St., S.W.
Washington, D.C. 20590
Research and
Special Programs
Administration
APR 19 2004
Charles L. Whittington
President
Ref No. 04-0061
Grammar Industries
18375 East 345 South
Grammar, IN 47236
Dear Mr. Whittington:
This responds to your February 20, 2004 email to Mr. Danny Shelton of the Federal Motor
Carrier Safety Administration and subsequent telephone conversation with a member of my staff,
(HMR; 49 CFR Parts 171-180) applicable to shipping papers. Your questions are paraphrased
lenn t'oster, requesting clarification of the requirements in the Hazardous Materials Regulations
and answered below.
Q1.
Is the person performing the function of an offerer responsible for providing the
description of a hazardous material on the shipping paper as required by the HMR?
A1.
Yes. As required in § 172.200, each person who offers a hazardous material for
transportation must describe the hazardous material on the shipping paper in the manner
required by Subpart C of the HMR.
Q2.
Is the Shipper's Certification statement required on the shipping paper accompanying a
cargo tank transporting hazardous waste?
A2.
Yes. As required in § 172.204, each person who offers a hazardous material for
transportation shall certify that the material is offered for transportation in accordance
with Subchapter C of the HMR by printing on the shipping paper containing the required
shipping description the certification contained in § 172.204(a)(1) or the certification
(declaration) containing the language in § 172.204(a) (2).
Q3.
Is the Environmental Protection Agency (EPA) Form 8700-22, Uniform Hazardous
Waste Manifest an appropriate shipping paper as required by the HMR?
A3.
Yes. As defined in § 171.8, a shipping paper means a shipping order, bill of lading,
manifest, or other shipping document serving a similar purpose and containing the
information required by §§ 172.202, 172.203 and 172.204 of the HMR. In addition, as
containing all of the information required by Subpart C of the HMR, may be used as the
provided in § 172.205(h), a hazardous waste manifest required by 40 CFR part 262.
shipping paper required by this subpart.
040061
$172.200

<<<PAGE 2>>>

Q4.
Does the Generator' Certification of the Uniform Hazardous Waste Manifest meet the
shipper's certification requirements of the HMR?
A4.
The Generator's Certification on a Uniform Hazardous Waste Manifest does not conform
it is the opinion of this Office that the EPA's current Generator's Certification statement
in all respects to the shipper certification statements required under the HMR. However,
may be used in place of the shipper certification when transporting hazardous waste,
Q5.
Is a generator responsible for the preparation of the Uniform Hazardous Waste Manifest,
including the commodity description and certification?
A5.
As required by § 172.205(b), the shipper (generator) must prepare the manifest in
accordance with 40 CFR part 262.
Q6.
What are the fines or consequences imposed on a shipper that violates the HMR?
A6.
The compliance orders and civil penalties are found under Subpart D of the HMR.
I hope this information is helpful.
Sincerely,

<<<PAGE 3>>>

• Gorsky, Susan
Sent:
From:
Shelton, Danny <FMCSA›
To:
Friday, February 20, 2004 2:58 PN
Foster
Subject:
FW:
Gorsky, Susan •
§172.200
›hippin
9 Laper
winmail.dat
Thanks
As we discussed.
Seems to me like pretty simple questions to me.
-----Original Message-
To: Shelton,
2:41 PM
subject:
Mx. Danny Shelton
Hazardous Materials Specialists
United States Department of Transportation
Federal Motor Carrier Safety Administration
Washington DC
20591
Dear Mr. Shelton:
Please consider this letter
as a request for interpretation with respect
specified regulations contained in the "Hazardous Materials Regulations"
(HMR)
esearch & Special Programs Administration and the Federal Motor Carrie:
promulgated by the US DOT
and enforced by both the Department';
Safety Administration.
Grammer Industries Inc. and Vickery Transportation (a sister company)
hazardous and non-hazardous materials in cargo tank motor
interstate motor carriers specializing in the transportation of both
USDOT
carriers.
Grammer Industries' Motor Carrier Identification Number is
184668 and Vickery Transportation is USDOT 978059.
certain elements of the regulations in question, followed by Grammer's
Below, I will list
compliance. Please inform us if
Vickery's assumptions with respect to the responsibility for
not,
oux assumptions are correct; or, if
why not and what regulations should we reference.
This request centers on 49 CFR 172.200, 172.204 (b) and 172.205.
With regard to 172.200 -- Grammer and Vickery assumes that, with respect
to
person
the "description of hazardous materials" (on shipping papers), the
performing the function of "offerer" is responsible for compliance.
With regard to 172.204 (b)\ -- Grammer and Vickery assumes that shippin
papers
determined and described on the shipping papers by the offerer), must
accompanying a cargo tank, laden with a hazardous waste (a:
contain the "shippers certification" as mandated by 49 CFR 172.204 (a).

<<<PAGE 4>>>

With regard to 172.205 - - Grammer and Vickery assumes the following:
1. That the so-called "Uniform Hazardous Waste Manifest" (EPA
regulations; and,
8700-22) is an
appropriate "shipping paper" as required by DOI
8700-22) meets
The "Generator's Certification" (item #16 on EPA Form
the "shippers
certification" requirements at 172.204 (b), and,
responsibility
3.
40 CFR 262.20 (referenced within 172.205) places the
description
for proper preparation of
the manifest (including commodity
and certification) on the "generator" (acting in its
transportation) .
capacity as one who "offers" hazardous
waste for
need
I have attached 3 specific movements that have caused concern. If you
clarification please call or email me.
One additional question would be what are the fines or consequences on
a
shipper that violates the regulations.
expedited
Mr.
Shelton,
reply
thank you for your consideration in this matter,
would be appreciated.
Please respond that you have
and an
received this email.
Very truly yours
President
Charles L. Whittington
1-800-333-7410 ox gxammer@iquest.net
of
Grammer Industries

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040061.pdf>
- Source ID: `phmsa`
- SHA-256: `442f12e3942519273ff1e614f1a2f6c3180e0b100a2b55962912bf9c46269887`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T21:57:50.689Z
- Document slug: `phmsa-interpretation-04-0061`

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