{"operation":"document","citation":"01-0273","title":"Waste Technology Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-30","effective_on":null,"summary":"01-0273 response to Waste Technology Services, Inc. concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0273.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0273.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0273","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010273.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C.\n20590\nSpecial Programs\nResearch and\nAdministration\nNOV 3 0 2001\nMr. I.L. Nebrich\nRef. No: 01-0273\nTechnical Director\nWaste Technology Services, Inc.\n640 Park Place\nNiagra Falls, NY 14301\nDear Mr. Nebrich:\nThis is in response to your October 23, 2001 letter and\nsubsequent telephone conversation with\na member of my staff\nrequesting clarification of the provisions in SS 173.506 and\n177.848 of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180).\nYour questions are paraphrased and answered as follows:\nQ1. Are shippers who offer less than placardable amounts of\nhazardous materials, in non-bulk packagings,\naccountable for the materials previously loaded on the\nvehicle and required to provide placards to the carrier\nif the transport vehicle contains a placardable amount\nof hazardous material?\nA1.\nThe answer is no.\nAccording to $ 172.506 (a) (1), the\nrequirement for a shipper to provide placards is\nlimited to the material being offered by that shipper.\nHowever, the carrier may not transport the hazardous\nmaterial unless the vehicle is properly placarded. See\n§ 172.506 (a) (2).\n02.\nWould the segregation requirements apply to the\nshipper, provided the transport\nvehicle arrives loaded\nwith other hazardous materials? .\nA2.\nIt is the carrier's responsibility to comply with the\nsegregation requirèments.\nHowever, it is possible for\nshippers to conduct functions of a carrier, such as\nloading a vehicle trailer.\nIn the event a shipper\n172.544\n010273\n\n<<<PAGE 2>>>\n\nPage -2-\nconducts or participates\nin\nthe loading process of a\nhazardous material onto a transport vehicle, they must\ncomply with the\napplicable requirements in § 177.848.\n(See\n173.30).\nI hope this\nsatisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials\nStandards\nP'S\n\n<<<PAGE 3>>>\n\nост.23.2001\n10: 28AM\nWASTE TECHNOLOGY SER\nNO.370\nP.2\nwIs\nBAH\n§172.504\nWASTE TECHNOLOGY SERVICES INC.\nPlacarding\n01-0273\nOctober 23, 2001\nMr. Edward Mazzullo\nDirector of Office of Hazardous Material Standards\nUS Department of Tratsportation - RSPA (DHM - 10)\n400 Seventh Street, S.W.\nWashingion, DC 20590-0001\nDear Mr. Mazzullo:\nI am writing to request an interpretation regarding the general placarding requirements\noutlined in 49 CFR 172. The questions concerns non-bulk containers shipped on a box\nvan, in domestic transport, over the road only. Assume a transport vehicle is making\nmultiple stops, picking up less than truckload quantities of multiple hazard classes in\nvarying quantities, both above and below the thresholds for placarding requirements. To\nwhom does the placarding responsibility fall in the case of a shipper offering less than\n454Kg (1001 pounds) of a single hazard class and less than 1001 pounds aggregate gross\nweight of hazardous materials, which would be exempt from the general placarding\nrequirement assuming there was not additional hazardous materials ether previously or\nsubsequently loaded onto the transport vehicle that would then negate the exemption.\nFor example (1):\nA transport vehicle first stops at a shipper where 306 pounds of class 8 hazardous\nmaterials were loaded, only. The transport vehicle departs without a hazard class 8\nplacard per the less than 1001-pound exemption. The transport vehicle then travels to a\ndifferent shipper where 4,250 pounds of hazard class 4.1, and 1,800 pounds of hazard\nclass 3 are loaded. The second shipper insures the transport vehicle departs properly\nplacarded for the materials loaded there, hazard classes 4.1 and 3. Who is responsible for\ninsuring the class 8 placard is properly displayed on the transport vehicle?\nCorporate Office: 640 Park Flace, Niagara Falls, New York 14301\nTelephone 716-282-4100 • Fax 716-282-6986\n6 Forest Park Drive • Farmington, CT 06032 • Telephone (860) 677-1146 • Fax (860) 677-4979\n2025 E. Main Street, Suite 101 - Richmond, VA 23229 • Telephone (804) 649-0700 - Fax (804) 649-2360\n103 Paradise Avenue • Baltimore, Maryland 21228 • Telephone (410) 719-9147 • Fax (410) 719-9149\nwww.wtsonline.com\n\n<<<PAGE 4>>>\n\nост.23.2001\n10:29AM\nWASTE TECHNOLOGY SER\nNO. 370\nP.3\nFor example (2):\nAll is identical to example one, except there is one stop prior to the first stop where 3,700\npound of class 3 hazardous material was loaded. In this example the truck would\n(presumably but not assuredly) be placarded with a class 3 placard. Would a shipper\nresponsible to know what was previously loaded onto the transport vehicle and provide\noflering, an otherwise exempted, 306 pounds of class 8 hazardous materials be held\nthe appropriate class 8 placard? What if the vehicle with the 3,700 pounds of class 3\nhazardous material was not properly placarded upon arrival at the second stop?\nWhile, undoubtedly, great oare should be exercised by all to insure proper placarding, it\nseems reasonable that the responsibility for knowing and accounting for what has been\npreviously loaded onto a transport vehicle can not fall onto a shipper whom has not loaded\nthe previous hazardous material. Likewise, the responsibility for knowing that a vehicle\nwill subsequently be loaded with additional hazardous material, thusly causing the placard\nexempted amount of hazardous material loaded by a shipper to require a placard at some\npoint in the future can not fall on the shipper who originally and correctly offers exempted\nquantities of hazardous material without a placard.\nAs a final point, these same scenarios can be tweaked slightly to pose an entirely different\nquestion that bears asking. Suppose the above listed scenarios concern the proper\nsegregation of hazardous materials (such as shipping a PIH zone A with hazard class 4.3)\ninstead of placarding requirements?\nIf you have any further questions, please do not hesitate to contact me.\nWASTE TECHNOLOGY SERVICES, INC.\n1.2-shh. 4\nT.L. Nebrich, Jr., CHMM, QEP, REM\nTechnical Director\nTLN/tIn","truncated":false,"body_characters":5954}