{"operation":"document","citation":"00-0023","title":"Cosco North America, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-04-05","effective_on":null,"summary":"00-0023 response to Cosco North America, Inc. concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000023.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nAdministration\nAPR - 5 2000\nJohn E. La Gorce\nRef. No. 00-0023\nManager, Hazardous Materials\nCosco North America, Inc.\n100 Lighting Way\nSecaucus, NJ 07094\nDear Mr. La Gorce:\nThis is in response to your letter dated January 19, 2000, regarding the practice of consolidators\noffering shipments of hazardous materials from several shippers under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a cargo consolidator is required\nto create a new shipping paper that consolidates the individual consignments or if he/she is allowed to\noffer the shipment with the shipping papers that were prepared by the original offerors.\nThe HMR do not require that a cargo consolidator create new shipping papers. If the individual\nshipping paper documents are still active (i.e., the shipment has not reached its intended destination as\nshown on the shipping papers) they are still acceptable. However, if the cargo consolidator elects to\ncreate new shipping papers they may rely on the previous certification when recertifying the shipment\nunless objective factors are present to cause the cargo consolidator to believe that the condition of the\nshipment have changed since offered by the original shipper (e.g., damage to the packages during\ntransit, broken seal, etc.).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact us.\nSincerely,\nThomas\n#, All.\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n172.204\n000023\n\n<<<PAGE 2>>>\n\nJAN. 19.2000\n12:09PM\ncosco\nNO.729\nP.1/1\nCOSCO North America, Inc.\nGale\n$172.204\n00-0023\nMr. Edward Mazzullo\nVia FAX: 202-366-3012\nDirector, Office of Hazardous Materials\nPage 1 of 1 Jan 19, 2000\nUSDOT/RSPA (DHM 10)\n400 7th St. SW\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nWe would appreciate it if RSPA would provide a written letter of interpretation for the\nfollowing scenario: With regard to the common practice of cargo consolidation in the\nocean freight business, consolidators (freight forwarders, non-vessel operating common\ncarriers, etc,) often collect hazmat shipments from many different parties and load these\ninto the same ocean container, which they then offer for shipment at marine terminals. I\nbelieve for transportation by water that this consolidator becomes the shipper (singular)\nfor the purposes of compliance with 49 CFR 172.203 (name of shipper) and for the\npurposes of the Shipper's certification.\nIn order to certify a shipping paper, should the consolidator (who has no knowledge of\nthe individual shipments other than a 172.204 certification given to him by each\nindividual shipper) be reguired to type up a new shipping paper that \"consolidates\" the\nindividual consignments on to a single consecutivoly numbered shipping paper and sign\nthe certification statement that is required? I believe this makes practical sense; as\nwithout such a procedure many hazmat shipments would have multiple shipping papers\n(possibly as many as 15 different shipping papers covering a single transport unit) and\nthese multiple shipping papers would cause confusion in responding to an emergency.\nI believe that as long as the consolidator keeps the original 172.204 certifications on file\nand has no knowledge at the time of shipment of any condition that affects the safety of\nthe shipment or any information contrary to the intent of 172.204 that this practice should\nbe required. Since this scenario is not specifically addressed by the hazmat regulations\nI believe a written interpretation by RSPA would help my company to communicate with\nthe many consolidators that we work with and could effect hazmat safety in a positive\nmanner. There is also a general trend in our industry toward third party logistics and\nconsolidation and, as such, scenarios as above are expected to increase significantly in\nthe future as more consolidators offer freight to ocean carriers.\nSincerely,\n→ notregard, but allered.\nJohn E. La Gorce\nCosco North America, Inc.\nManager, Hazardous Materials\nCosco North America, Inc.\n100 Lighting Way\nSecaucus, NJ 07094","truncated":false,"body_characters":4193}