{"operation":"document","citation":"02-0294","title":"Q/C Resource — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-03-18","effective_on":null,"summary":"02-0294 response to Q/C Resource concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0294.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0294.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0294","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020294.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMAR 18 2003\nMr. Philip C. Palilla\nPresident\nRef. No. 02-0294\nQ/C Resource\n16 Taunton Lake Road\nNewtown, CT 06470\nDear Mr. Palilla:\nThis responds to your November 6, 2002 letter requesting clarification on the retention of shipping\npapers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nrequest that an exception be granted for shipping sealed source radioactive materials in devices/gauges.\nIn your letter, you stated that your company ships portable sealed source radioactive materials in\ndevices/gauges and that the shipping paper retention requirements under the HMR would adversely\naffect your company. You also stated that your company uses and maintains records required by the\nNuclear Regulatory Commission (NRC) including shipping papers and daily records of shipments, etc.\nYou also stated that you did not comment on the notice of proposed rulemaking or the final rule\npublished in the Federal Register under Docket No. HM-207B, \"Retention of Shipping Papers.\"\nThe requirement to retain hazardous materials shipping papers for one year has been a self-executing\nrequirement under the Federal hazardous materials transportation law (Federal hazmat law) since\nAugust 1994. (See 49 U.S.C. § 5110(e))). The final rule published under Docket No. HM-207B (67\nFR 46123) amended the HMR to require shippers and carriers to retain a copy of each hazardous\nmaterial shipping paper, or an electronic image thereof, for a period of 375 days after the date the\nhazardous material is accepted by the carrier. The July 12, 2002 final rule incorporated into the HMR\nthe statutory requirement from the Federal hazmat law.\nAfter publication of the final rule on July 12, 2002, there was a 30-day period in which to file an\nappeal. We received five appeals to the final rule. On November 1, 2002, we published a final rule;\nresponse to appeals (67 FR 66571). In this response to appeals, we provided relief to the air and\nvessel modes of transportation, similar to that we provided to rail shipments regarding the date on the\nshipping paper. We removed the word \"immediately\" from the requirement to make copies of the\nshipping papers available to officials upon request. This response to appeals was effective on\nNovember 1, 2002, with voluntary compliance authorized as of August 12, 2002, the effective date of\nthe final rule.\n172,201(e)\n020294\n\n<<<PAGE 2>>>\n\nThe final rule provides relief to those persons using a \"permanent\"shipping document to accompany a\nhazardous material shipment, e.g., gasoline or sealed source radioactive devices/gauges. When\n\"permanent\" shipping papers are used, we allow retention of daily shipping or inventory receipts\ninstead of the same shipping paper on a daily basis. As stated in the final rule, we believe that retention,\nincluding electronic retention, of daily shipping or inventory receipts which are used in the normal course\nof business instead of the retention of the same shipping paper used for multiple daily shipments of the\nsame hazardous material already provides adequate relief for companies.\nI hope this answers your inquiry.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards,\n\n<<<PAGE 3>>>\n\nBoothe\nQ/C\nRESOURCE\n8172.201(e) Fax 803-426-6980\nFax 203-426-6722\nShipping Papers\nNovember 6, 2002\n02-0294\nOffice of Hazardous Materials\nUS DOT\nStandards Dept.\n400 Seventh Street SW\nWashington, DC 20590\nRe: Letter of Interpretation Requested\n[49 CFR 172:201(e)] - Retention of Shipping Papers, Hazardous\nMaterials, HM-207B\nTo Whom it May Concern:\nAs an instructor of Radiation Safety Classes and 49 CFR 172\nrequirements for portable sealed source devices for 19 years, this new\nprocedure will be a logistic / paperwork nightmare for thousands of\ncompanies that utilize these gauges. Although I heard this new\nregulation was initially mailed out for comment, I don't believe anyone\nin this industry of construction materials testing for density and\nmoisture was informed of such proposals or realized the ramifications.\nWe are all aware of the need for tracking \"Hazardous Materials\"\nespecially by commercial carriers, but these gauges are transported in\ncompany or personal vehicles, and also fall under the category of\nType A Packages which are non-life endangering amounts of\nradioactive material. The individual licensees are already required by\nthe USNRC and Agreement States to complete and keep on file daily\ninventory sheets of the destination and operator of each gauge along\nwith the required shipping papers visible in the front seat. They include\nan Emergency Response Document and a properly completed Bill of\nLading (presently the bill of lading in itself does not have to be date\nspecific but must accurately describe the contents).\n16 Taunton Lake Road\nNewtown, CT 06470\n\n<<<PAGE 4>>>\n\nQ/C\nPhone 800-996-8880\nRESOURCE\nFax 203-426-6722\nIndividual companies in this industry can very easily have 5 to 30\ngauges out on a daily basis working at \"numerous\" jobsites, whereas\nthis new requirement for a record of EACH shipment and retained for\n375 days is literally a nightmare. I implore you to modify this\nrequirement through an exception for said devices and simultaneously\nbe assured that the inventory procedures currently required stil!\naddress the continuing need for control, safety and inventory.\nRespectfully,\nPhilip C. Palilla\nPresident\nQ/C Resource\n16 Taunton Lake Road\nNewtown, CT 06470","truncated":false,"body_characters":5575}