Hobart Huson — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Administratior special Program: JAN 2 3 2003 220 Carolwood Drive Mr. Hobart Huson Ref. No. 02-0317 San Antonio, TX 78213 Dear Mr. Huson: This is in response to your letter dated December 6, 2002, consisting of non-hazardous materials and hazardous materials concerning the shipping paper requirements for a shipment under the Hazardous Materials Regulations (HMR; 19 CER Parts 171-180). " Specifically, you ask if a non-hazardous material must be described on a shipping paper in the same manner as a hazardous material when transported together as a mixed shipment. The answer is no. of hazardous materials in commerce. The HMR only apply to the transportation paper requirements in Part 172, Subpart C do not apply to a •Therefore, the shipping non-hazardous material. However, a shipping paper that describes both hazardous materials and non-hazardous -materials must comply with $ 172.201 (a) (1). Sincerely, Office of Hazardous Materials Regulations Specialist Standards 172.201 020317#

Page 2BAH Page 1 of 1 8112.201 INFOCNTR From: Husons [husons@earthlink.net] Shipping Papers Sent: Friday, December 06, 2002 3:53 PM 03 - 0317 To: Infocntr, Infocntr <RSPA> Subject: Nonhazardous Material Shipping Question Dear Sirs, I was hoping your department could provide for me alletter of clarification regarding nonhazardous materials shipping. I used to run a laboratory chemical distributorship. We sold and shipped many different hazardous and non been implied that any nonhazardous material was not subject to the shipping documentation required of hazardous chemicals. Because the CFR 49 oniy describes the regulations of hazardous materials, it has long lading or other shipping documents when being shipped. Only hazardous materials are required to be listed with hazardous materials. Specifically, there is no DOT requirement that nonhazardous materials be listed on a bill of their appropriate DOT and UN information etc. I am currently in dispute with an agency that does not understand that when a nonhazardous material is shipped materials as we would with any other hazardous materials within the same shipment. This agency will not accept with other hazardous materials, my company was under no obligation to include a listing of nonhazardous within the CFR 49. They require some proof on our part that this is more than an assumption of the rules. for an answer that our assertion regarding nonhazardous materials may be merely implied by lack of instruction nonhazardous materials in shipping documentation as one would for hazardous materials? This would be greatly Can your department please provide for me some sort of verification that a company is not required to list appreciated! In addition - more out of curiosity than necessity on my pait - it was my experience with shipping companies that when I would list all the various chemicals (both hazardous and ronhazardous) on the shipper bill of lading, we would invariablv have our shipment halted or returned. The reason was that shipping personnel are not very typically get a call from the shipper asking why we did not include the DOT and UN information for the other familiar with chemicals and they all of them sound dangerous and hazardous to the uninformed. We would chemicals (the honhazardous ones). Only after explaining the reason to the shipper would our shipments avoid the problem. I do not know if you can comment on this as well, but is DOT aware of this kind of problem continue. It had been suggested to us by shippers to just leave off the nonhazardous materials in the future to and, in part, agree with this practice? I would hope you do. It would further help my situation. Very Truly Yours, 220 Carolwood Drive Mr. Hobart Huson Tel: 210-340-5183 San Antonio, TX 78213 email: husons@earthlink.net Former Business: 1920 Treble Dive, Suite J1 Humble, TX 78213 12/6/02#